Justice must not only be done, but it must also be seen to be done. And when justice appears uneven, selective, or influenced by status and resources, public confidence begins to erode.
The recent sentencing and subsequent reduction in the case of The State vs. Nana Agradaa has reignited a question many Ghanaians whisper in private and debate openly in public:
Is justice for sale?
This is not merely about one woman. It is about the soul of our judicial system.
The Case That Sparked National Debate
Nana Agradaa, born Patricia Asiedu Asiamah, was convicted by an Accra Circuit Court for charlatanic advertisement and defrauding by false pretences, offences linked to a televised “money-doubling” scheme that exploited the hopes of ordinary citizens. She was initially sentenced to 15 years’ imprisonment.
Many saw the sentence as strong, even symbolic, a message that exploiting vulnerable people under the guise of religion or spiritual power would not be tolerated.
Yet on appeal, the High Court upheld her conviction but reduced the sentence drastically to 12 months, citing that the original punishment was harsh and excessive relative to the offence. The judge emphasised proportionality and legal principle over emotion or public outrage.
Legally, the appeal process functioned as designed. A higher court reviewed the lower court’s decision and exercised discretion.
But socially and morally, the public reaction told a deeper story.
The Other Ghana: The Silent Prisoners
While this high-profile case moved swiftly through appeal channels, thousands of lesser-known Ghanaians remain trapped in a different reality.
There are documented cases of individuals spending years, sometimes close to a decade, on remand without trial. Others remain incarcerated because they cannot afford legal representation to mount appeals. Some are imprisoned simply because they cannot pay modest fines.
Many poor defendants enter the courtroom alone, with no private lawyer, limited legal aid, and little understanding of their rights. Appeals require paperwork, filing fees, and sustained legal advocacy. These are luxuries for the economically disadvantaged.
Where a well-resourced individual can challenge a 15-year sentence and obtain judicial reconsideration within months, the poor man convicted in silence may never see a second chance.
The law promises equality. Reality often delivers disparity.
The Perception Problem
Let me be clear: the issue is not whether Nana Agradaa deserved an appeal. Every convict deserves that constitutional right. The judiciary must remain independent and free from mob justice or public pressure.
The concern is broader and more uncomfortable:
Why does the system seem more responsive when the accused has influence, visibility, or resources?
Why do ordinary citizens without connections languish in overcrowded prisons, waiting endlessly for the same judicial mercy?
When the public sees a 15-year sentence reduced to 12 months for a prominent figure, while unknown inmates spend 5–10 years awaiting trial, it creates a dangerous perception that justice bends toward power.
Perception, in matters of justice, is powerful.
Even if legally sound, outcomes that appear unequal weaken trust. And trust is the oxygen of any justice system.
Is Justice for Sale?
I do not suggest bribery. I do not accuse judges of corruption. That would be irresponsible.
But justice does not have to be literally sold to feel inaccessible.
Justice becomes “for sale” when:
- Access to quality legal representation depends on wealth.
- Appeals are practically available only to those who can fund them.
- Legal aid remains overstretched and underfunded.
- Remand prisoners wait years because their cases are not prioritised.
When freedom correlates with financial capacity, justice begins to resemble a marketplace — even if unintentionally.
That is the real crisis.
The Danger to Democracy
A judiciary is the last refuge of the common citizen. When public confidence weakens, frustration grows. When frustration grows, respect for institutions declines.
If citizens believe the powerful receive mercy while the poor receive delay, the consequences are profound:
- Loss of faith in courts
- Increased public anger and cynicism
- Vulnerability to populism and institutional distrust
The judiciary must not only be independent — it must be visibly equitable.
Building Public Confidence: The Way Forward
If we are serious about strengthening Ghana’s democracy, we must act boldly.
1️⃣ Strengthen Legal Aid Nationwide
The Legal Aid Commission must be properly funded, expanded, and modernised. No Ghanaian should lose years of their life because they cannot afford a lawyer.
2️⃣ Automatic Review of Long Sentences
There should be mandatory periodic judicial review of long custodial sentences — especially for non-violent offences — regardless of the convict’s ability to file an appeal.
3️⃣ Fast-Track Remand Cases
No individual should spend more than a defined maximum period on remand without trial. Special courts or dedicated dockets must address backlogs.
4️⃣ Transparent Sentencing Guidelines
Clear, publicly accessible sentencing frameworks would reduce perceptions of arbitrariness. When citizens understand how sentences are determined, trust increases.
5️⃣ Expand Alternative Sentencing
For non-violent offences, community service, restitution, and monitored rehabilitation should be prioritised over long incarceration that strains prisons and families.
6️⃣ Judicial Communication
The judiciary must proactively communicate reasoning in high-profile decisions. Silence fuels suspicion. Transparency strengthens legitimacy.
A Justice System Worth Believing In
The case of Nana Agradaa will pass. Public outrage will fade. Another headline will emerge.
But the deeper issue remains:
Can the ordinary market woman, the unemployed graduate, the struggling farmer, and the forgotten remand prisoner believe that the courts will treat them with the same urgency, mercy, and fairness as a prominent public figure?
Justice must never depend on status.
It must not be louder for the famous and quieter for the poor.
If Ghana is to thrive as a constitutional democracy, we must ensure that justice is not only impartial but accessible, consistent, and visibly fair.
Because once citizens begin to believe justice is for sale, the very foundation of the rule of law begins to crack.
And that is a price Ghana cannot afford to pay.
By Africanus Annan
