Baffour Awuah case: When someone’s liberty is at stake, the law must work – Sulemana Braimah
by Gabs · MyNewsGh.comExecutive Director of the Media Foundation for West Africa (MFWA), Sulemana Braimah has questioned the prolonged detention of Nana Agyei Baffour Awuah and the apparent difficulty in securing a court sitting to deal with his bail, arguing that the protection of a person’s liberty should not depend on whether it is a normal working day.
Braimah said he was particularly surprised by reports that authorities were considering a weekend court to deal with the MP’s bail application.
“The other thing is the weekend courts that we are told, they are looking at the possibility of putting him before a weekend court so that he can get bail granted,” he said.
He said the issue should not be treated as unusual when a person’s liberty is involved.
“And I’m wondering if it was me, whether they would look for a weekend court or how,” Braimah said.
Lardy interrupted to put the issue in its legal context. “It’s supposed to be a normal thing,” the host said.
“Right,” Braimah responded. Lardy continued by pointing to the constitutional requirement concerning detention without trial.
“That’s when someone’s liberty is at stake. And when you don’t, you have to make sure you don’t breach the 48-hour rule set out in Article 14,” he said.
The discussion then turned to exactly when the 48-hour period should begin.
Lardy noted that Baffour Awuah had reported to EOCO at about 10am on Thursday, but Braimah explained that the calculation did not necessarily begin from the moment the MP voluntarily reported himself.
“As we understand, he got to EOCO, it took about three hours before he was seen,” Braimah said.
The host clarified that the clock starts when a person is formally placed under arrest rather than simply when they voluntarily report to an investigative agency.
“You don’t count from when he voluntarily surrendered,” Lardy said.
Braimah said the principle should be straightforward when a person’s freedom is at stake.
“Once someone’s liberty is at stake, the law is that they must be brought before a court if you, the one arresting the person, are not minded to grant them bail,” he said.
He argued that weekend or holiday courts should therefore not be viewed as extraordinary arrangements when the alternative could be prolonged detention.
“It’s supposed to be enjoyed, but it’s hardly used,” Braimah said.
He said the issue was bigger than Baffour Awuah personally because the same legal protections should apply to anyone whose liberty is restricted.
The discussion came as the authorities were working through the legal process surrounding Baffour Awuah’s detention.
A later High Court order authorised EOCO to arrest the MP and conduct search and seizure operations, while directing the agency to execute the arrest through the Speaker of Parliament.
Source: MyNewsGh.com
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