Salomey Awiti Baffoe lives in Techiman. Her three children live in Techiman. Her friends, her family, her church, her salary as a Senior Nursing Officer — all in Techiman, Bono East Region, 365 kilometres from Accra.

But her case lives in Accra.

Last week, after nearly a month in custody, the 40-year-old nurse was granted bail — GH¢100,000 with two sureties who must be civil servants earning not less than GH¢3,000 a month.

On paper, it is bail. In reality, for a woman from Techiman, it is another form of remand.

And it raises a question Ghana's justice system has refused to answer for decades: Why are misdemeanour suspects bussed from their villages to Accra to face trial?

The Jurisdiction Question

Ghanaian criminal law is clear on jurisdiction.

Section 46-47 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) provides:

"Subject to the powers of transfer, every offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction it was committed or within the local limits of whose jurisdiction the accused was apprehended, or is in custody..."

Section 48 of Act 30 adds that where an offence is committed partly in one place and partly in another, it may be tried in either.

But the word is ordinarily. Ordinarily means the starting point is where the act happened.

Salomey Baffoe is charged with abetment of publication of false news under Sections 20(1) and 208 of Act 29. Where did she allegedly use her phone to forward a video? In Techiman.

Where were the persons she allegedly recruited? Techiman. Where was she arrested? Techiman.

Why then was she first arraigned at Adentan Circuit Court 1 in Accra, then at the High Court in Accra?

The Attorney-General under Section 70 of Act 30 and Article 88 of the 1992 Constitution has power to direct venue. But that power must be exercised reasonably and not to oppress the accused.

The Supreme Court in Mensah v Republic [1989-90] 1 GLR 186 held that venue must not cause undue hardship.

This is not a murder case or treason where Accra has exclusive jurisdiction. This is a summary offence — a misdemeanour triable by a District Court.
Techiman has a District Court.

Techiman has a Circuit Court. Sunyani has a High Court. So why Accra?

The Bail Trap: When conditions are impossible

The Constitution is even clearer on bail.

Article 14(4) of the 1992 Constitution: Any person arrested shall be brought before a court within 48 hours.

Article 19(2)(c): A person charged is entitled to bail unless justice requires otherwise, and bail shall not be excessive.

Article 15(1): Human dignity is inviolable.

The Supreme Court in Martin Kpebu v Attorney-General (2019) struck down excessive bail that made pretrial liberty illusory.

Justice Dotse said bail conditions must be reasonable, proportionate, and consider the circumstances of the accused.

What does GH¢3,000 civil servant in Accra mean for a Techiman nurse?

In Techiman, a senior nursing officer earns around GH¢2,500-GH¢3,500.

Her circle is teachers, nurses, farmers, traders. How many civil servants does she know in Accra earning over GH¢3,000 who will risk their career and pension to stand surety for a TikTok case they don't understand?

It means she must hire an agent. It means she must pay someone to find someone. It means justice is for sale to those with Accra connections.

This violates Section 96(4) of Act 30: In considering bail, the court shall consider the accused's community ties and financial resources.

It violates the principle in Section 97: Bail is to ensure appearance, not to punish.

It also violates Article 12 and 33 on access to justice. The Judicial Service Act, Act 319, requires courts to be accessible geographically.

The Pattern: Village crime, Accra trial

Salomey is not alone.

In the last two years:

- Farmers from Assin Fosu charged with false news were brought to Accra.

- TikTokers from Tamale and Bolgatanga were bussed to Nima Police Station.

- A trader from Ho arrested over a Facebook post was kept at Cantonments.

-TikTok from kumaw was brought to Accra for trial. Etc

Why? Because the complainant is in Accra. Because the Police CID Headquarters wants to investigate. Because EOCO and National Security Headquarters are in Accra.

But convenience of investigators cannot override jurisdiction of courts. Act 30, Section 52 gives power to transfer, but transfer must be for ends of justice, not for ends of the police.

The result is punishment before conviction. By the time bail is granted in Accra, the suspect has already spent two weeks in cells, lost income, paid transport for family to bring food, and now must find Accra sureties.

For a misdemeanour punishable by a fine or maximum 6 months under Section 208, the punishment by process exceeds the punishment by law.

What the law says we should do

One, The Chief Justice under Section 44 of Courts Act, 1993 (Act 459) must enforce the circuit system: Misdemeanours should be tried in the district where the accused resides unless it is a cybercrime where the server is in Accra and prosecution proves that.

Two, Magistrates must apply R v Teye GLR — bail conditions must be within the means of the accused and within the locality of the accused. [1970]

Three, Parliament must amend Act 30 to make Section 47(2) mandatory: Where offence is a misdemeanour and accused lives outside Greater Accra, trial shall be in that region unless AG shows special cause.

Four, Legal Aid Commission under Legal Aid Scheme Act, 1997 (Act 542) must provide surety assistance for indigent persons.

Salomey Awiti Baffoe is presumed innocent. That presumption, under Article 19(2)(c), means she should be preparing for trial from her home in Techiman, reporting to Techiman Police, not begging for GH¢3,000 civil servants in Accra.

Justice must not only be done but must be done where the people live.

Otherwise, we are not running a justice system. We are running a pilgrimage — where every poor Ghanaian accused of a misdemeanour must travel to Accra to prove his innocence, while the rich get bail in their backyard.

And that is not jurisdiction. That is injustice by geography.

NDC won’t intimidate us; we will fight until victory in 2028 – Afenyo Markin