0
0 Concerns are mounting over the alleged use of Ghana’s criminal justice system to resolve what legal observers describe as a purely civil and commercial dispute, following the remand of a building contractor.
On 22 January 2026, the Ghana News Agency reported on Mr Carlos Allston’s remand, a registered landowner and real estate developer.
Mr Allston is the registered freehold owner of land in East Legon, covered by a Land Title Certificate, on which a seven-unit apartment block has been constructed.
His engagement with the complainant, Mr Wise Horgli, Chief Executive Officer of Westport Petroleum, arose through an associate of Mr Horgli and was limited to the sale of three two-bedroom apartment units between 2021 and 2024.
The remaining four apartments were sold to other purchasers, including Mr Horgli’s associate, who acquired two units comprising a penthouse and a two-bedroom apartment.
All purchasers, including Mr Horgli and his associate, have taken possession of and remain in occupation of the apartments they lawfully acquired, without interference from Mr Allston.
The dispute underlying the current criminal proceedings does not concern the apartments sold. It relates to a separate, smaller building constructed by Mr Allston for his personal use and future development on adjacent land that was never part of any sale transaction.
Before the commencement of any criminal process, Mr Horgli and his associate, through a mediator, sought to purchase the adjoining property, thereby acknowledging that they did not own it. The proposed transaction did not proceed after they were unable to meet the offer price.
Following the breakdown of negotiations, Mr Allston became the subject of repeated police petitions and criminal complaints rather than civil proceedings.
Mr Horgli lodged a complaint of trespass at the East Legon Police Station, alleging that Mr Allston had threatened him at the property on 30 December 2025. This allegation was made even though the two men had not met since 12 March 2025, when Mr Horgli allegedly assaulted Mr Allston at the East Legon Police Station by biting his finger and injuring his head.
On 14 January 2026, the matter was escalated to the Special Investigations Unit of the Ghana Police Service, leading to Mr Allston’s arrest and subsequent charge of trespass.
Court records indicate that in his charge statement, Mr Allston denied entering any of the apartments sold to the complainant or other purchasers, produced his Land Title Certificate covering the disputed property, and denied communicating any intention to damage or demolish the apartment block.
On 21 January 2026, he was arraigned before Circuit Court 1, Adenta, on charges of trespass and threat of harm, founded on the same allegations.
Despite voluntarily cooperating with investigators and producing title documents to show he is the bona fide owner of the property in dispute, Mr Allston was remanded into custody for six days. The complainant was represented in court by Mr Desmond Afeku.
Meanwhile, associates of Mr Horgli are alleged to have entered the building in dispute, fitted it out and occupied it as an office without any legal right, title or interest, in circumstances said to have been facilitated by intimidation.
On 27 January 2026, the court admitted Mr Allston to bail in the sum of GH¢100,000. The criminal trial is scheduled to commence on 1 April 2026.
Legal observers warn that the implications of the remand are significant. By restraining a landowner from accessing his own property through criminal remand, while the property is occupied in the interim, the state is said to have enabled the dispossession of a lawful owner without payment, judgment or trial.
Critics argue that this represents not merely a personal injustice but a broader threat to property rights, due process and constitutional protections, raising concerns that criminal processes may be used to exert pressure in business and land disputes.
Mr Allston has indicated his intention to defend himself in the criminal trial and to take legal action against those he accuses of making false complaints.
Questions being raised
Can a person trespass on property covered by his own Land Title Certificate?
Since when have civil and business disputes justified criminal remand?
Why was a cooperating citizen with clear title documents denied bail on misdemeanour charges?
How does a court remand an accused person without resolving contested ownership or examining documents?
Why were criminal processes preferred over civil remedies in a commercial dispute?
Who benefits when a landowner is restrained, and third parties occupy disputed property without a judgment?
Is the criminal justice system being used to force outcomes that the civil courts would not permit?
If this can occur in East Legon, what protection does the ordinary Ghanaian property owner have?
Source: Stafford Law Legal Practitioners
