, By
Felix Engsalige Nyaaba
A Human Rights and Public Interest lawyer has advised that
every Ghanaian should take it as a responsibility to learn the country’s constitution and its applications in
courts in order to curtail the
deliberate abuses of the 48 hours
constitutional permit allowing the
police services to detain suspects before sending them to the law court.
Mr. Francis Xavier Sosu
, said though the law states suspects
could be detain not beyond 48 hours before they are processed to the law court, the clause
has often been abused by the Ghana police unreasonably.
He said more
often than not, the police and other state security that have the mandate to
effect arrest and detain suspects have become notorious in deliberately keeping suspects in cells when they have
opportunity of sending them to court before the 48 hours.
Mr.Sosu made the
call at a legal forum held for residents of Dodowa, Adenta, Oyarifa and
surrounding communities in the Greater Accra Region yesterday.
He said the 1992
constitution stated that, “A person who is arrested, restricted or detained,
for the purpose of bringing him before a court in execution of an order of a
court or 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 forty-eight hours after the arrest,
restriction or detention.”
It is for that
reason that he is advocating for citizens to be oriented on the constitution to
stop what he described as gargantuan abuse of suspects rights by the Ghana
police in recent time of the country’s young democracy.
“At what point in time
the police would stop this deliberate abuse of rights on the Ghanaian citizens,
especially people who found themselves in the hands of the law enforcement
agency as suspects and the police are the institution who have the power to
detain or grant bail?”He asked.
According to him, the
answer to the problem with the police in Article 14 (3, a b), is for every
Ghanaian to read the 1992 constitution of Ghana and challenge any of the
security agencies that attempt to tumble over their rights.
The monthly program which seeks to sensitize the residents about their rights
and the need to know the country’s constitution was organized by F-X Law
&Associates on the theme: “General
Understanding of Law and its Application in the Ghanaian Citizen.”
He said , until the
Ghanaian citizens know and understand their rights , the police would
continued to abuse their fundamental
human rights with impunity as it has often been in the country since the 1992
constitution.
Mr. Victor Opeku ,
another legal practitioner, also took the participants through the civil
law procedures , especially where it has to do with contracts agreements and
many other business transactions.
He explained that
because of ignorance of the law, many people in the country enter into
contracts that are not binding whenever either side of the contracts fails and
therefore resulting into many cases sent to court.
Mr. Opeku stated that,
though not every contract should be in a written form, some of the financial
agreement and contracts that have to do with assets should be documented to
avoid future legal brawls.
Some of the
participants later expressed their delightful for the program which has been
organized in the area for the first time.
According to the
participant, if such legal programs are organized in the area it would go a
long way to help avoid some of the problems that they face in legal matters.
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