Supreme Court nominee Justice Edward Amoako Asante has asserted that individuals detained by law enforcement beyond the constitutionally mandated 48-hour timeframe possess the right to seek judicial redress.
He emphasised that the courts should be utilised to uphold constitutional safeguards for detainees and to hold officials accountable when these rights are infringed upon.
His remarks arise amidst ongoing discussions regarding the enforcement of constitutional rights associated with arrest and detention, particularly the stipulation that an arrested individual must be presented before a court within 48 hours if not released.
During his appearance before Parliament’s Appointments Committee on Thursday, August 27, 2026, Justice Amoako Asante raised the question of why individuals held beyond the 48-hour threshold do not often pursue legal action against law enforcement.
“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,” he said.
“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.”
Justice Amoako Asante noted that Ghana’s current legal framework already includes provisions for individuals whose rights have been violated to seek redress, rendering the establishment of additional legal measures unnecessary.
“I do not think that is necessary in our circumstances. Act 30 is clear. It is there then to reinforce,” he said.
He further stated that the onus also falls on lawyers to take action on behalf of clients who are unlawfully detained.
“It is people or lawyers who have not sued those who have detained their people beyond the time on behalf of their clients,” he said.
Justice Amoako Asante concluded that successful legal actions and court-ordered compensation could enhance adherence to the constitutional requirement and convey a strong message to authorities.
“So 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 added.
