Supreme Court nominee, Justice Edward Amoako Asante, has stated that suspects kept in police custody past the constitutionally mandated 48-hour deadline possess the right to approach the courts for redress.
In his view, the judiciary remains the appropriate avenue to uphold the constitutional rights of suspects and ensure law enforcement agencies are held accountable whenever these guarantees are breached.
He stated this during his appearance before the Appointments Committee on Thursday, August 27, 2026.
The nominee expressed concern over the reluctance of suspects kept beyond the 48-hour limit to mount legal challenges against the police administration.
“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 Asante maintained that the current statutory framework adequately equips victims of unlawful detention to pursue remedies, rendering any new legal measures redundant.
He pointed out that legal practitioners also bear the responsibility of initiating court actions to safeguard the liberties of affected clients.
“I do not think that is necessary in our circumstances. Act 30 is clear. It is there then to reinforce,” he said.
“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 emphasized that securing favourable judgments and court-ordered damages against offending officers would deter persistent breaches and compel strict adherence to constitutional standards.
“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.
