48-Hour Rule: Suspects can sue Police over prolonged detention – Justice Amoako Asante
By Ashiadey Dotse 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 […]
Justice Edward Amoako Asante of the Supreme Court has called on suspects detained by the police for more than the legal 48-hour limit to seek legal action. Speaking during his questioning before Parliament's Appointments Committee on Thursday, August 27, 2026, the nominee highlighted the courts' ability to safeguard citizens' rights and hold authorities accountable when those rights are infringed upon.
Ghanaian law mandates that an arrested individual must be released or brought before a court within 48 hours. However, Justice Amoako Asante questioned why more suspects do not sue the police for prolonged detention. He believed that legal action would enable the courts to enforce constitutional rights and ensure that authorities adhere to the law.
He emphasized that existing legislation, including Act 30, already offers avenues for individuals whose rights have been violated to seek justice. Moreover, Justice Amoako Asante placed the responsibility on lawyers to take legal action when their clients are unlawfully detained. He insisted that court cases and compensation for victims could serve as a powerful deterrent for authorities, promoting strict compliance with the 48-hour constitutional requirement.
Written by urgent.news from GBC Ghana's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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