Supreme Court nominee Justice Edward Amoako Asante has urged persons held in police custody beyond the constitutionally prescribed 48-hour period to seek redress through the courts.
He said legal action by suspects and their lawyers could help strengthen enforcement of constitutional safeguards against prolonged and unlawful detention.
Justice Amoako Asante made the remarks when he appeared before Parliament’s Appointments Committee on Thursday, August 27, 2026, during his vetting for appointment to the Supreme Court.
Responding to questions about the effectiveness of Ghana’s constitutional protections for arrested persons, he questioned why individuals who remain in police custody beyond the 48-hour limit do not routinely challenge such detention in court.
“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.
Article 14(3) of the 1992 Constitution provides that a person arrested or detained in connection with a criminal offence who is not released must be brought before a court within 48 hours after the arrest.
Justice Amoako Asante said the constitutional protection should not remain merely a provision on paper but should be actively enforced through the courts.
“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,” he stated.
He also rejected the suggestion that Ghana necessarily requires additional legislation to deal with prolonged detention, pointing to existing legal provisions that provide avenues for persons whose rights have been breached.
“I do not think that is necessary in our circumstances. Act 30 is clear. It is there then to reinforce,” he said, referring to the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
For Justice Amoako Asante, lawyers have an important role to play in testing unlawful detention before the courts.
He argued that legal practitioners representing suspects should be prepared to challenge authorities when their clients are kept in custody beyond the permitted period.
“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.
He believes successful cases could have a broader effect beyond providing relief to individual suspects.
According to him, court declarations and financial awards against authorities responsible for unlawful detention could serve as a deterrent and encourage greater compliance with the constitutional limit.
“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.
