Ghana Supreme Court rules: Courts must sit on Weekends, Public holidays and during strikes
Some selected Courts are to sit on weekends, public holidays and during strike actions to deal with matters bordering on the liberties of individuals, the Supreme Court has ruled.
The apex court stated that the 48 hour mandatory period for putting suspects before court should mean exactly 48-hours.
The seven member panel held the view that law which prohibits the keeping of suspects in custody for more than 48 hours should include the weekends, public holidays and during strike actions.
Usually when people are arrested by the security agencies on weekends, public holidays and during strike actions those days were not counted to be part of the 48 hour period.
The decision means that when people are arrested and detained by the security agencies, they should be sent to court within 48 hours whether or not it falls within a public holiday or a weekend.
According to the court, the security agencies must also be prepared to release suspects conditionally or unconditionally within the 48 hour period.
Delivering the land mark ruling, the outgoing Chief Justice Ms Justice Sophia A. Akuffo asked the incoming Chief Justice, Justice Anin-Yeboah, and the Inspector General of Police to ensure the enforcement of the apex court’s decision within six months.
The court directed the incoming Chief Justice to within the six months period to ensure that administrative processes were put in place so that those specialised courts could sit accordingly.
Additionally, the Inspector General of Police should also conduct sensitisation programmes for Police officers and Prosecutors to enforce the court’s decision.
The court also directed the Judicial Secretary to ensure that provisions for overtime for members of the Judiciary and Judges were worked on.
The court held that the portions of the Holidays Act which seek to prevent access to justice were unconstitutional.
The judgement came after Mr Martin Kpebu, a legal practitioner had gone to the apex court to invoke the original jurisdiction of the Supreme Court over the interpretation of Article 14 clause (3) of the 1992 Constitution.
Mr Kpebu who sued the Attorney General was seeking a declaration that portions of the Holidays Act that bars the courts from dealing with cases that hindered individual personal liberty were unconstitutional.
Article 14 clause 3 states that “a person who is arrested, restricted or detained (a) for the purpose of bringing him before a court in execution of an order of a court: or (b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana and who is not released shall be brought before a court within 48 hours after the arrest and restriction or detention.
Mr Kpebu contended that being it weekend or holiday, those days should be counted in reckoning the 48 hours priod within which a person was arrested or detained.
Other members on the panel are Justices Jones Victor M Dotse, Julius Ansah, Anin Yeboah, Paul Baffoe Bonnie, Sule Gbadegbe, Ampah Benin and Professor Ashie Kotey.
Source: GNA