During his vetting as a nominee for Supreme Court Justice, former ECOWAS Court President Edward Amoako Asante highlighted the need to strengthen the enforcement of fundamental human rights in Ghana, calling for dedicated legislation to resolve ongoing controversies surrounding the right to bail.
Addressing the Appointments Committee, when questioned of whether all aspects of Chapter 5 of the Constitution which guarantees fundamental human rights and freedoms are fully justiciable, the nominee responded that Chapter 5 rights are entirely enforceable by the courts.
He expressed concern over systemic delays in the justice system, questioning why suspects held beyond the constitutional 48-hour limit rarely sue the police for unlawful detention. He emphasized that citizens must actively test these constitutional guarantees through litigation to establish firm judicial precedents and hold law enforcement accountable.
Building on that premise, committee members questioned whether Parliament should enact a comprehensive Bail Act. He argued that a statutory framework is necessary to clearly define the parameters of bail, eliminate current legal ambiguities, and ensure that the constitutional right to bail is consistently applied across the judicial system.
Eugenia Ewoenam Osei
