ELS: MBN360 NEWS
Supreme Court nominee, Justice Edward Amoako Asante, has urged suspects who are detained by the police beyond the constitutional 48-hour limit to seek redress in court. He noted that, the courts have the power to protect the rights of suspects and hold authorities accountable when those rights are violated.
He made the comments on Thursday, August 27, 2026, when he answered a question during his vetting before Parliament’s Appointments Committee as one of three Supreme Court nominee.
According to him, Ghana’s laws require a person who is arrested to be released or be brought before a court within 48 hours. He questioned why suspects who are kept in police custody beyond the required period do not often take legal action against the police.
“I have always had the notion of why suspects have not sued the police for keeping them for times on end after the 48 hours,” Justice Amoako Asante said.
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He explained that such legal action would help the courts enforce the constitutional rights of citizens and ensure that authorities respect the law.
Justice Amoako Asante said there is no need for additional laws because existing legislation, including Act 30, already provides avenues for people whose rights have been violated to seek justice.
He also placed responsibility on lawyers to take legal action when their clients are unlawfully detained.
“If you take action and the court declares…awards 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 said.
He believes court cases and compensation for victims could serve as a strong warning to authorities and encourage strict compliance with the 48-hour constitutional requirement.
