The Centre for Legitimacy and Rule of Law (CLRL) has urged the Chief Justice to establish specialised courts to deal exclusively with bail applications amid the ongoing Judicial Service Staff Association of Ghana (JUSAG) strike. The proposed arrangement would ensure that people arrested or remanded in custody can still access the courts and have their bail applications determined. This move aims to prevent a backlog of cases and ensure that suspects' rights are protected. The CLRL emphasised the need for urgent action to address the disruption to judicial proceedings.
The CLRL proposed that the specialised courts comprise High Court judges assisted by Circuit or District Court judges acting as clerks or recorders. These courts would sit exclusively to hear bail applications, particularly those involving people whose access to the courts has been affected by the JUSAG strike. The Centre's Head of Legal, Richard Nii Amarh, stated that this arrangement would provide an urgent avenue for suspects and accused persons to seek their release while the industrial dispute remains unresolved. The CLRL stressed that fundamental human rights should not become inaccessible due to a labour dispute within the Judicial Service.
The JUSAG strike has resulted in a significant number of people being arrested and unable to access the courts for bail. The CLRL expressed concern about the situation, arguing that the suspension of court proceedings has left many without the opportunity to have their detention reviewed by a judge. This is particularly worrying for accused persons who have already been remanded and given specific dates to return to court. The Centre noted that such individuals now face uncertainty over when they will next appear before a judge or have an opportunity to apply for bail.
The 1992 Constitution requires a person arrested or detained to be brought before a court within 48 hours. However, the ongoing strike has made access to this constitutional protection increasingly difficult. The CLRL described the situation as a threat to the country's commitment to the rule of law and the protection of individual rights. The Centre emphasised that the suspension of regular court sittings should not prevent people in police or prison custody from accessing justice.
The CLRL has also called on the Inspector-General of Police (IGP) to direct investigators to grant police enquiry bail in minor offences to reduce pressure on police cells. This measure would help prevent unnecessary congestion in detention facilities while the courts remain affected by the strike. The Centre maintained that such an intervention would help protect the rights of people facing less serious allegations and ease the pressure on law enforcement facilities.
The situation has sparked concerns about the impact on the justice system and the rights of individuals. The CLRL's proposal for specialised courts aims to address the immediate challenges posed by the JUSAG strike. The Centre's statement noted that the Chief Justice must take urgent steps to ensure that the suspension of regular court sittings does not prevent people in police or prison custody from accessing justice.
The CLRL's call for action highlights the need for a swift resolution to the JUSAG strike and the establishment of alternative measures to ensure access to justice. The situation remains a pressing concern, with over 2,000 arrested persons reportedly unable to access courts for bail. The Centre's proposal for specialised courts and police enquiry bail aims to mitigate the effects of the strike on suspects and accused persons.
Key points
- Establishment of specialised courts to deal exclusively with bail applications
- Urgent need to address disruption to judicial proceedings and protect suspects' rights
- Proposal for police enquiry bail in minor offences to reduce pressure on police cells
