Prof. Kwaku Azar Asare, a legal expert, has emphasized the need for a robust system of accountability and enforcement mechanisms to ensure that the Ghana Police Service upholds the constitutional rights of arrested protesters.
Prof. Asare highlighted judicial oversight as a key mechanism in holding law enforcement agencies accountable.
“The police has admitted to detaining two of the arrested demonstrators beyond the constitutionally mandated 48-hour window, thereby violating their constitutional rights. While the police claims to be investigating the circumstances of this violation, this step, though necessary, is far from sufficient.
“Courts must play an active role in holding law enforcement accountable by refusing to entertain cases where constitutional violations, such as unlawful detention, have occurred”.
Prof. Kwaku Azar Asare
Prof. Asare stressed that judges must rigorously enforce the constitutional protections and dismiss cases where clear violations of rights have occurred.
He emphasized that judicial oversight is crucial to preserving the rule of law and upholding citizens’ constitutional rights.
According to the legal expert, when individuals are detained beyond the legal limit without being brought before a court, it is the judiciary’s responsibility to rectify such breaches.
He indicated that failure to do so makes the courts complicit in undermining justice and perpetuating lawlessness.
Prof. Asare pointed out that, given Ghana’s history of arbitrary arrests and detentions under laws like the Preventive Detention Act (PDA), strict enforcement of the 48-hour rule is especially critical.
He emphasized that this constitutional safeguard is vital in preventing the kind of state abuses seen in the country’s past.
The judiciary, he argued, must ensure that these protections are not merely symbolic but act as genuine barriers to the misuse of power.
Prof. Asare warned that failure to uphold the 48-hour rule erodes public trust in the courts and fosters a culture of impunity within law enforcement agencies.
Judiciary as Guardian of Constitutional Rights
Furthermore, Prof. Kwaku Azar Asare emphasized that the judiciary is meant to serve as the ultimate guardian of constitutional rights, acting as a crucial check against unlawful detentions.
He indicated that when courts fail to address such violations, they send a troubling message that constitutional rights are either negotiable or insignificant.
According to the astute lawyer, this not only encourages law enforcement and authorities to ignore the law but also undermines the very foundation of democracy, which is built on the principle that no one, including the state, is above the law.
“Therefore, it is imperative that the judiciary exercises its oversight responsibilities with vigilance. Courts must refuse to proceed with cases where constitutional violations have occurred until such matters are fully rectified. This would help restore the judiciary’s role as a guardian of justice and ensure that the law is applied equally to all.
“To strengthen judicial oversight, the Rules of Court Committee should establish clear guidelines that mandate the dismissal of cases involving constitutional rights violations. This is especially crucial in a context where many judges have shown a tendency toward remand-prone, liberty-restricting decisions that favor the executive branch”.
Prof. Kwaku Azar Asare
He argued that police officers and departments must face tangible consequences for violating constitutional rights, including legal sanctions, personal liability, and disciplinary actions such as fines, suspensions, or terminations.
Prof. Asare emphasized that independent bodies like CHRAJ should automatically investigate such violations by law enforcement, with the power to impose sanctions or recommend systemic reforms.
He also stressed the need for regular, mandatory training for law enforcement on constitutional rights and the legal repercussions of infringing upon them.
This, he suggested, should be paired with a broader cultural shift within the police force, prioritizing respect for civil liberties.
Additionally, Prof. Asare called for public awareness campaigns to educate citizens about their rights and provide clear channels for reporting violations.
Civil society organizations and legal aid services, he noted, should play a key role in empowering individuals to challenge rights abuses in court.
“The NCCE should be resourced and take a lead in these campaigns”. – Prof. Kwaku Azar Asare
He observed that, ultimately, ensuring respect for constitutional rights requires a combination of accountability mechanisms, judicial vigilance, independent oversight, and a cultural shift within law enforcement.
Prof. Asare stated that without meaningful consequences, these violations will continue unchecked, eroding both justice and democracy.
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