Bawku Conflict: Court Closures May Violate 48-Hour Bail Rule, Lawyer Warns

Lawyer Richard Abaaduko Adaazabra, Legal Aid Commission Ghana.

Lawyer Richard Abaaduko Adaazabra, a legal practitioner with Legal Aid Commission Ghana, has urged Justice Gertrude Araba Esaaba Sackey Torkornoo to reconsider her decision to close seven courts in the Upper East Region.

While acknowledging that he is unaware of the reasons behind the closures, Adaazabra stressed that the Bawku conflict is not a new issue and has not previously affected the operations of these courts.

“If I had the power, I would ask her to reconsider her decision. The Bawku conflict has been ongoing for some time,” he stated. “It seems the decision may have been influenced by those with more information regarding regional security.”

Adaazabra emphasized that the court closures violate Article 14(3) of the 1992 Constitution, which mandates that “A person arrested, restricted, or detained shall be kept in a place designated by law and shall be brought before a court within forty-eight hours after the arrest, restriction, or detention.” This provision safeguards individuals from indefinite detention and ensures their right to a timely court appearance.

He expressed concern that without operational courts, police may struggle to comply with the 48-hour rule. “The police face numerous challenges, including transportation issues when bringing detainees to court,” he noted. “Without adequate resources, this situation will create congestion in police cells, particularly for those on remand at Navrongo and Bawku prisons.”

Speaking exclusively to the Word Community watch show,on Thursday morning, Adaazabra also pointed out that the Constitution guarantees the right to bail and humane treatment while in custody. With only two courts remaining open, the risk of overcrowding in police cells increases, affecting the rights of residents in the Upper East Region who may need bail.

Source: mywordfmonline.com/Gaspard Ayuureneeya

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