THE LAW 101: Trial in Absentia -the law exists, but where are the rules?

This piece is a 24-paragraph explanation of the nuances of Ghana's law regarding trials in absentia. While Oliver Barker-Vormawor's original article raises the primary concern, this follow-up piece seeks to fill in the gaps in how such trials are commenced and conducted. The central query centers on the requirements for "duly notifying" an accused who was already outside of Ghana when proceedings began, and who has never appeared before the trial court or been personally arraigned.

One key distinction is drawn between an accused who knew the charges, appeared before the court, obtained bail, and then absconded versus an accused who was already abroad when proceedings commenced and has never appeared. The law typically seeks the accused's presence, but Section 170 allows for a trial to proceed if the accused fails to appear after an adjournment, excluding felonies.

This creates a procedural gap, as Act 30 only provides machinery once a valid trial in absentia is underway, without fully answering when an accused who has never appeared should be allowed to fully participate in their defense while remaining abroad.

The article questions whether an accused who has never appeared and is ordered to be tried in absentia can appoint counsel to conduct their entire defense, including cross-examining prosecution witnesses and making necessary elections. The fairness of this right is debated, with the article suggesting that while Article 19's guarantees of a fair trial are important, the law currently does not provide a comprehensive procedural framework for this unique situation.