The sovereignty of Ghana is vested in the people of Ghana, and it is for their benefit and welfare that the powers of government are to be exercised strictly in accordance with the provisions and boundaries set by the Constitution.
Article 1(1) explicitly states where the sovereignty of the nation lies. For clarity, “sovereignty” as defined by Merriam-Webster refers to “supreme power especially over a body politic,” implying that the people of Ghana are to be the ultimate beneficiaries of all constitutional laws—whether favorable or not—so long as they align with constitutional principles.
The Constitution also makes it clear that any law, decree, or pronouncement that contradicts its provisions is to be considered null and void, as it violates its authority.
I use the arrest of Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, also known as Wontumi, as a case study.
Under Article 14(3)(b), any person arrested or detained on suspicion of committing a crime must be brought before a court within forty-eight hours of their arrest, restriction, or detention.
Furthermore, the Constitution disapproves of prolonged pretrial detention. As stated in clause (4), if the individual is not presented before a court within the specified timeframe, they are entitled to bail—either conditional or unconditional—depending on the nature and credibility of the alleged offense.
The concept of reasonableness in granting bail takes into account the severity of the alleged offense, the financial implications involved, and the likelihood of the suspect fleeing the country if released.
In Wontumi’s case, the constitutionally mandated 48-hour period expired, and although he was granted bail set at GHS 50 million, members of the parliamentary minority deemed the condition excessive, unrealistic, and harsh.
Their concerns culminated in a “sit-down” protest at the offices of the Economic and Organized Crime Office, demanding his release after the lapse of the 48-hour limit.
Loopholes And Legal Theatrics
The question of who determines whether a bail condition is excessively high and unrealistic must be considered in the current controversy. There have also been claims suggesting that EOCO is using legal tactics to keep the suspect detained.
These claims are based on the idea that EOCO deliberately set the bail amount so high, knowing the suspect would be unable to meet it, thereby ensuring his continued detention.
But is it truly a matter of the suspect’s inability to meet the bail condition, or has the constitution become outdated, with certain loopholes needing to be closed?
While the constitution grants the accused the right to petition the court to reduce bail conditions—as seen in cases like Alfred Woyome and Adu Boahene—it does not explicitly state that if a suspect cannot meet bail, they may be held indefinitely in police custody.
This raises the question of whether the chairman’s continued detention is a matter of legal discretion or a constitutional issue.
The constitution does allow any citizen to approach the Supreme Court for an interpretation of the law if they believe it to be unclear or contradictory. Perhaps such steps should be taken to address this ‘loophole’ and resolve the matter.
The sovereignty of Ghana resides in the people of Ghana. The country could be heading down a dangerous path if these discrepancies are not clearly explained and properly understood by the citizenry.
There have been similar cases where suspects were held beyond the mandated forty-eight hours, and others have reported experiencing inhumane treatment while in police custody.
Although Article 15(2) of the constitution clearly states that no person, whether arrested, restrained, or detained, shall be subjected to (a) torture or other cruel, inhuman, or degrading treatment or punishment, or (b) any other condition that undermines their dignity and worth as a human being.
However, this article, like others, does not specify what consequences law enforcement officers face if they violate this constitutional clause.
It seems the constitutional review committee has a significant task ahead to provide the country with a constitution that matches its current needs.
Until then, certain articles will likely face criticism whenever they are applied to the citizens who embody the sovereignty of the constitution.
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