Suspects can sue police if they are kept beyond 48 hours - Justice Edward Asante

Supreme Court nominee Justice Edward Amoako Asante has said suspects who are kept in police custody beyond the constitutionally mandated 48 hours can take legal action against the police.

According to him, suspects and their lawyers must use the courts to enforce their rights when the police fail to arraign them within the required period.

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Speaking during his vetting before Parliament’s Appointments Committee, Justice Amoako Asante said he had often wondered why suspects had not sued the police over prolonged detention.

“I have always had the notion why suspects have not sued the police for keeping them for times on end after the 48 hours. These are things that people should be doing for us to know that the courts are able to confirm what is in the Constitution for those things to happen. So all those rights, for me, are justiciable,” he said.

Justice Amoako Asante further went on to say that Ghana already has laws and court decisions that protect the rights of accused persons, including their right to bail.

He added that there was no need for Parliament to pass a separate Bail Act to guide the courts.

“I do not think that is necessary in our circumstances. Act 30 is a clear Act, it is there. Then to reinforce, there's Martin Kpebu and Attorney General that said all the matters are bailable and therefore it is there,” he noted.

“It is people who, or lawyers who have not sued those who have detained their people beyond their time on behalf of their clients,” he continued.

Justice Amoako Asante said successful legal action against officers or institutions responsible for unlawful detention would help enforce the rights of suspects and serve as a warning against keeping people in custody beyond the legally allowed period.

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“So if you take action and the court declares and award against those who have done so, then it will be fine so that everybody knows that you cannot just get people, keep them and all that,” he added.

MAG

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