Dr. Joseph Kwaku Asamoah, a lawyer and law lecturer, has made a passionate appeal to the Director General of the Ghana Prisons Service and the Acting Chief Justice of Ghana to establish systems that allow inmates in prison custody to execute and commission affidavits.
In a formal letter titled “Request to Establish Systems for the Commissioning of Affidavits for Inmates in Prison Custody”, Dr. Asamoah, who represents clients currently serving custodial sentences, highlights a critical gap in Ghana’s criminal justice system — the lack of access to Commissioners for Oaths within prison facilities.
According to Dr. Asamoah, many prisoners are actively pursuing justice by asserting their constitutional rights through legitimate judicial processes. These processes, including applications for habeas corpus, bail pending appeal, and enforcement of fundamental human rights, often require the swearing of affidavits —a right which, he argues, is being denied due to structural limitations in the prison system.
He noted that the absence of Commissioners for Oaths in prisons impedes inmates’ ability to personally and voluntarily execute affidavits, compelling reliance on third parties such as family members to do so on their behalf — a practice that could compromise the authenticity and accuracy of legal documents.
“This omission in our criminal justice system effectively hinders access to justice and frustrates the constitutionally guaranteed right to a fair trial,” Dr. Asamoah stated, citing Article 19 of the 1992 Constitution of Ghana which guarantees fair trial rights, including access to adequate legal facilities.
To remedy the situation, Dr. Asamoah is urging the authorities to take “urgent and appropriate legal steps” to commission designated prison officers of a certain rank as Commissioners for Oaths. This, he said, will ensure that inmates can actively participate in legal proceedings affecting their liberty and rights.
He believes such a reform will not only promote fairness and equality before the law but also enhance the integrity and efficiency of Ghana’s justice system, aligning it with both domestic legal standards and international human rights obligations. He believes this initiative will contribute significantly to the mounting calls for reform within Ghana’s criminal justice system, especially in relation to the protection of the rights and welfare of incarcerated persons.
Dr. Asamoah has expressed his willingness to collaborate on the legal modalities to bring this initiative to fruition and is calling on the authorities to treat the matter with the urgency it deserves.
The attached letter to the Director General of the Ghana Prisons Service and copied to the Acting Chief Justice can be found below.
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