Suspects can sue Police over detention beyond 48 hours – Justice Amoako Asante

Supreme Court nominee, Justice Edward Amoako Asante, has stated that suspects detained by the police beyond the constitutionally prescribed 48-hour period have the right to seek redress through the courts.

He said the courts should be used to enforce constitutional protections for suspects and hold authorities accountable when those rights are violated.

His comments come amid discussions about the enforcement of constitutional rights relating to arrest and detention, particularly the requirement that a person arrested and not released must be brought before a court within 48 hours.

Appearing before Parliament’s Appointments Committee on Thursday, August 27, 2026, Justice Amoako Asante questioned why suspects who are held beyond the 48-hour limit do not frequently take legal action against the police.

“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 happenc.”

Justice Amoako Asante said Ghana’s existing legal framework already provides mechanisms for persons whose rights have been violated to seek redress, making the creation of additional legal provisions unnecessary.

“I do not think that is necessary in our circumstances. Act 30 is clear. It is there then to reinforce,” he said.

He added that the responsibility also lies with 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 said successful legal action and court-awarded compensation could help strengthen compliance with the constitutional requirement and send a clear 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 said.