[2019]DLSC7918 • December 18, 2019 • Supreme Court •
MARTIN KPEBU (PLAINTIFF) vs. THE ATTORNEY-GENERAL (DEFENDANT)
The Plaintiff, a private citizen and legal practitioner, initiated proceedings under Article 143 of the 1992 Constitution seeking declarations regarding the interpretation and application of the 48-hour rule for bringing arrested persons before a court. The Plaintiff contended that weekends, public holidays, civil unrest, strikes, and other days when courts do not sit should be included in the 48-hour reckoning, and that courts must be accessible on such days to uphold constitutional rights. The Plaintiff also sought declarations on prioritization of trials for accused persons in pretrial detention.
read moreAKUFFO, CJ:- Brief Background Facts On 6th September 2016, the Plaintiff, in his capacity as a private citizen and a legal practitioner, pursuant to Article 2 of the Constitution, commenced the action herein against the Defendant seeking the following reliefs: 1. A declaration that on a true and proper interpretation of article 14(3) of the Constitution, 1992, a Saturday, a Sunday, a public holiday, anytime during a civil unrest and any other day that the courts in Ghana cannot sit (e.g. during strike by judicial service staff or during a strike by any other stakeholder that will prevent the court from sitting) would be counted in reckoning the 48 hours within which a person arrested or detained on suspicion of committing a crime and not released must be brought before a court under article 14(3) of the Constitution of Ghana, 1992. 2. A declaration that on a true and proper interpretation of article 14(3) of the Constitution, 1992, section 4 of the Public Holidays Act, 2001 (Act ...