In Ghana today, prosecution has a formula. Every young lawyer knows it.
You arrest.
You don’t investigate.
You bring half docket to court.
You say: “My Lord, investigations are ongoing.”
You ask: “Remand the accused.”
Judge remands.
Accused sleeps in Nsawam for 2 weeks for misdemeanour that should be bail.
That is called Half Case. And it is illegal. It is punishment. It must stop.
WHAT IS HALF CASE?
Half Case is when charge sheet is filed, but docket has:
– No witness statements
– No phone forensic
– No Momo statement from MTN under Electronic Transactions Act 2008 Act 772 Sec 100
– No caution statement or defective caution — no independent witness
– No investigation report
– Only arrest statement and screenshot of TikTok
Under Police General Order 2(1) and CI 76 Prosecution Docket Format, complete docket for misdemeanour must have:
1. Investigation report
2. Caution statement with independent witness
3. Charge statement
4. Witness statements (2 minimum)
5. Exhibits — phone, forensic
6. Momo/bank analysis if money involved
7. L.I. 2000 Regulation 54 — case diary showing investigation steps
But in GR/AD/CC1/018/2027 — Salome case from Techiman to Adenta — docket has 1-page brief facts: “Accused received money, recruited others, investigations continuing…”
Continuing? Then why are you in court?
If continuing, you have half case.
WHY PROSECUTORS BRING HALF CASE — 4 REAL REASONS
1. To Beat 48 Hours — Misunderstanding of Article 14(3)
Prosecutors think: Constitution says bring suspect to court within 48 hours. So we must bring even if not ready.
False.
Article 14(3) says if arrested, bring before court within 48 hours IF you want to detain beyond 48 hours.
It does NOT say bring half case.
Supreme Court in Republic v Director General CID Ex Parte Yalley (1992-93) GBR 121:
“48 hours is for investigation and decision to charge. If investigation not complete within 48 hours, police must grant enquiry bail under Act 30 Sec 15, not charge half case.”
Supreme Court in Martin Kpebu v AG (2019):
“Bringing accused to court to seek remand to complete investigation is unconstitutional — violates Article 14 and 19.”
Correct procedure when 48 hours expiring and investigation not complete:
– Grant police enquiry bail — Act 30 Sec 15(1) — self-recognizance — ask accused to report next week to assist investigation.
– Continue investigation.
– When complete, invite accused to court — charge.
Not: Rush to court, file half case, ask remand.
2. To Punish — Especially When Big Man Involved
This is most common in political cases
Big man calls: “This boy insulted me on TikTok, deal with him.”
CID arrests. No evidence beyond screenshot.
Prosecutor knows if he grants bail, big man will say police weak.
So he brings half case, asks remand: “My Lord, investigations ongoing, we need to send phone to cyber lab in US, we need to trace Momo, remand for 2 weeks.”
Judge remands.
Accused punished 2 weeks before trial. Even if later case withdrawn, punishment already served.
That violates Article 19(2)(c) presumption of innocence and Article 15(1) punishment without conviction.
In Salome case, Brief Facts say money from UK Barbara Kodua — but no MTN Momo statement attached, no UK bank evidence, no phone forensic showing recruitment. Half case. Yet prosecutor will ask remand because big man — politician allegedly insulted — involved.
3. To Cover Laziness — No Investigation Done
Many CID/HQTRS/SIU officers don’t investigate. They arrest based on complaint, write brief facts from complainant’s statement, file.
Under Police Service Regulations L.I. 2000 Reg 54, every step must be in case diary.
But diary empty — only “12/06/2026: Arrested suspect. 13/06/2026: Charged.”
No witness contact. No forensic.
Instead of doing work, they ask court for time — remand — to go and investigate what they should have done before charge.
Court becomes investigation extension.
That is abuse of court process under C.I. 47 Order 2.
4. To Force Confession and Extort Bail Money
When half case remanded, accused in Nsawam is desperate.
Police investigator visits: “If you write confession that you collected money, we will support bail next time.”
Or surety contractors: “Pay GHS 3,000, we give you land title for bail.”
Half case creates market for confession and surety rent — corruption.
CHRAJ 2023 Report on Prisons: 18% remand prisoners said police asked for confession in exchange for bail support.
HOW HALF CASE + REMAND DESTROYS JUSTICE
A. Violates SHALL Bail Law — Act 30 Sec 96(1):
For misdemeanour, bail is SHALL — mandatory.
“A court SHALL grant bail for misdemeanour unless prosecution shows substantial reason.”
Ongoing investigation is NOT substantial reason. Supreme Court in Gavor v C.O.P (1988-89) GLR 314: “Ongoing investigation is ground for bail, not against bail.”
Yet prosecutors say ongoing investigation = oppose bail. Opposite of law.
B. Violates Article 14(4) Reasonable Bail and Martin Kpebu:
When half case remanded 2 weeks, then 2 weeks again, accused spends 4 weeks in cells for misdemeanour that carries maximum 3 years — but half sentence already served before conviction.
C. Violates Article 23 Administrative Justice — Duty To Be Diligent and Fair:
Prosecutor has duty under Act 32 Legal Profession Sec 54 to be minister of justice — to charge only when prima facie case exists.
Charging half case violates duty.
D. Increases Remand Population and Cost:
Ghana Prisons 2024: 15,342 prisoners, 4,721 remand — 32%. Cost GHS 25/day each = GHS 118,025 daily = GHS 43 million yearly feeding presumed innocent people whose investigation not complete.
Taxpayer pays for police laziness.
E. Destroys Public Confidence — Youth Believe Court Is Punishment Tool:
Afrobarometer 2024: 64% youth believe if you insult big man, police will bring half case and judge will remand you to punish you, even if no evidence. So youth self-censor — violates Article 21 free speech.
WHAT LAW SAYS MUST HAPPEN INSTEAD
For Prosecutors — Under Act 30 and General Order 2:
1. Investigate first — take statements, forensic, Momo, bank.
2. If prima facie case, arrest.
3. If 48 hours expiring and investigation not complete, grant police enquiry bail under Act 30 Sec 15 — self-recognizance — to report to assist investigation.
4. When investigation complete, invite accused, charge, bring to court ready for trial within 2 weeks under C.I. 47.
5. In court, never ask remand to complete investigation. Ask bail with condition to report.
For Judges — Under Article 19 and Act 30 Sec 96:
When prosecutor says “investigations ongoing, remand,” judge must:
“Under Gavor v COP and Mbushim, ongoing investigation is ground for bail, not remand. Under Act 30 Sec 96(1) SHALL, for misdemeanour I must grant bail unless you show risk of absconding, interference with witnesses, or further offence — not mere ongoing investigation. Under Martin Kpebu, bail condition must be reasonable. I grant bail self-recognizance or GHS 5,000 one surety to report to police.”
If prosecutor has no docket, judge must discharge under Act 30 Sec 173 — no prima facie case.
For IGP — Directive Needed Under Act 350 Sec 17:
“No officer shall charge misdemeanour where investigation not complete. No officer shall request remand to complete investigation. Where investigation not complete within 48 hours, grant enquiry bail. Officer violating liable for abuse of power under Act 456 Sec 7 and false imprisonment Act 29 Sec 91.”
For Chief Justice — Practice Direction Under Article 159:
“Remand shall not be granted solely on ground investigations ongoing. If prosecution not ready, court shall grant bail under Act 30 Sec 96. Repeated half cases and remand requests to be reported to Attorney-General and GLC for disciplinary action. Half case — docket without witness statements and forensic — shall be struck out.”
FOR ACCUSED — WHAT TO SAY WHEN PROSECUTOR BRINGS HALF CASE
When prosecutor says, “investigation ongoing, remand,” stand and say:
“My Lord, this is half case. Under Police General Order 2(1), prosecution must have complete docket before charge. Under Ex Parte Yalley, if not ready within 48 hours, police must grant enquiry bail under Act 30 Sec 15, not bring half case to court. Under Gavor v COP and Mbushim, ongoing investigation is ground for bail not remand. Under Act 30 Sec 96(1) SHALL, bail for misdemeanour is my right. Under Martin Kpebu, excessive bail is denial. I pray for self-recognizance with condition to report to assist investigation. Remand to complete investigation is illegal punishment before trial violating Article 19(2)(c).”
STOP HALF CASE — INVESTIGATE BEFORE YOU CHARGE
Ghana justice is collapsing because police arrest first, investigate later, and courts help by remanding.
If investigation not complete — don’t send to court. Grant bail. Investigate. Then charge.
48 hours is not excuse to bring half case.
Big man involvement is not excuse to punish with remand.
Half case + remand request = punishment without trial.
And punishment without trial is disgrace to democracy and rule of law under Article 1(1).
It must stop. Now.
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