Suspects detained beyond 48 hours can sue police for redress – Justice Amoako Asante

Supreme Court nominee Justice Edward Amoako Asante has called on detainees held in police custody beyond the 48-hour limit to seek legal recourse. He argued that court actions could bolster enforcement of constitutional safeguards and prevent arbitrary arrests. During his appearance before Parliament’s Appointments Committee, Justice Amoako Asante questioned why suspects do not sue the police for extended detentions.

Article 14(3) of Ghana’s 1992 Constitution mandates that arrested individuals be brought before a court within 48 hours of arrest. The judge emphasized that the constitutional protection should not merely exist on paper but be actively upheld in the courts. He dismissed the need for new legislation, highlighting existing legal provisions such as the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), which provide avenues for redress.

Justice Amoako Asante stressed that lawyers should actively challenge unlawful detentions on behalf of their clients. He believed that successful court cases could serve as deterrents and encourage adherence to constitutional limits on detention.