The recent Joy News documentary exposing the deaths of 19 individuals in police custody is concerning.
The lack of public outrage and attention to these deaths suggests a need for more awareness and advocacy on human rights issues in Ghana.
It has prompted serious questions about human rights violations within Ghana’s law enforcement agencies.
This article attempts to delve into the legal and constitutional framework governing arrest and detention in Ghana, examines the circumstances surrounding these tragic deaths, and proposes recommendations for reform.
This analysis is crucial in the context of Ghana’s commitment to upholding the rule of law and protecting the fundamental rights of all citizens.
Arrest and detention in Ghana: A legal framework
Ghana’s legal system provides a framework for arrest and detention rooted in the 1992 Constitution and supplemented by statutory provisions.
Article 14 of the Constitution guarantees the right to personal liberty, stipulating the conditions under which a person may be lawfully deprived of their freedom.
The Criminal and Other Offences (Procedure) Act, 1960 (Act 30) further elaborates these principles.
Sections 3 and 6 of Act 30 outline how an arrest (with a warrant) should be made as well as the amount of restraint that a person may be subjected to.
Section 10 of the Act 30 however spells out who and how an arrest without a warrant may be made in the following:
“A Police Officer may, without a warrant, arrest a person—
(a) whom he suspects upon reasonable grounds of having committed a felony; or
(b) whom he finds committing a misdemeanor; or
(c) against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists that he has committed an offence of the type for which a warrant may issue; or
(d) whom he finds loitering at night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony; or
(e) who obstructs a Police Officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody; or
(f) whom he reasonably suspects of being a person for whom a warrant of arrest has been issued.”
This section grants broad powers to police officers, potentially subject to abuse if not exercised with diligence and adherence to the principles of reasonableness and good faith.
The terms ‘reasonable grounds,’ ‘credible information,’ and ‘reasonable suspicion’ are open to interpretation, demanding that officers apply sound judgment and avoid arbitrary arrests.
As per Section 15 of Act 30:
(1) A person arrested without a warrant shall be taken with all reasonable dispatch to a Police Station or other place for the purpose of investigation and shall be informed of the reason for the arrest.
(2) A person taken to a Police Station or other place under subsection (1) shall be given reasonable facilities for obtaining legal advice, access to medical treatment and subject to any reasonable conditions considered necessary by the Police Officer in charge of the Police Station or other place, facilities for communicating with his family or friends.
(3) A person arrested, whether with or without a warrant, shall be brought before a Court within forty-eight hours after the arrest, excluding Sundays and public holidays.”
This section is crucial for protecting the rights of arrested individuals. Subsection (1) mandates prompt conveyance to a police station and notification of the reason for arrest. Subsection (2) guarantees access to legal advice, medical treatment, and communication with family or friends. Subsection (3) sets a strict 48-hour limit for bringing an arrested person before a court, preventing prolonged and unlawful detention.
Allegations of these provisions being routinely ignored are at the heart of the current crisis.
The case of 19 deaths in detention: A Summary
The Joy News documentary which aired on Wednesday the 25th of February ,2026 detailed the circumstances surrounding the deaths of 19 individuals in police custody across Ghana. The report highlighted allegations of negligence, torture, and denial of medical care. Postmortem findings, where available, revealed disturbing patterns of physical trauma and signs of neglect. The revelations have had a significant cultural impact, triggering public demonstrations and widespread condemnation of police brutality. Civil society organizations and legal experts have joined the call for an independent investigation to uncover the truth and hold those responsible accountable.
Bail and detention: A balancing act
The right to bail is a fundamental constitutional guarantee designed to prevent arbitrary detention. The Supreme Court ruling in Martin Kpebu v. Attorney General underscored the importance of this right. However, police practices often undermine this constitutional protection.
As per Section 96(7) of Act 30 ; “Where a person is arrested for any offence, the Police Officer may release the person on police enquiry bail, unless the offence is a first-degree felony.”
While this section provides for police enquiry bail for lesser offenses, it excludes first-degree felonies, potentially leading to a prolonged pre-trial detention.
Constitutional challenge:
There has been a constitutional challenge under articles 15(2) and 19(2)(c) questioning whether specific denial of bail is aligned with the constitution.
Professor Henrietta Mensa-Bonsu, a leading legal scholar, has consistently emphasized the importance of the right to bail in Ghana’s criminal justice system. She argues that excessive pre-trial detention undermines the presumption of innocence and disproportionately affects vulnerable populations.
Prisons and overcrowding: A breeding ground for abuse
Overcrowded prison conditions exacerbate the risk of human rights violations. In Republic v Attorney General ; exparte Quaye Mensah and another, an elderly and blind asthmatic man, and Davis Kwakye were detained under executive instruments for preventive custody.
The application for habeas corpus was initially denied by the High Court, Ho, leading to this appeal.
The Court of Appeal examined the sufficiency of the grounds for detention under the Habeas Corpus Act, 1964, the correctness of the identity of the detainees, and the good faith of the executive instruments.
It concluded the arrest and detention were unlawful due to insufficient grounds and failure to prove proper identity.
The court emphasized the responsibility of the state to safeguard personal liberty and provide clear justification for any detention, underlining the judicial oversight over executive power. The case highlights the dire state of Ghana’s prisons.
The ‘Justice for All Programme’ seeks to address these issues by expediting the release of remand prisoners who have been held for extended periods without trial. However, systemic reforms are needed to alleviate overcrowding and improve conditions.
Police treatment of detainees: Upholding standards
The Ghana Police Service is obligated to treat detainees with respect for their inherent dignity and in accordance with constitutional and international human rights standards. Article 15(1) of the Constitution prohibits torture, inhuman, or degrading treatment.
The case of Adjei-Ampofo v Accra Metropolitan Assembly serves as a reminder of the potential for abuse and the need for accountability. It establishes that the dignity of all persons is inviolable, serving as a cornerstone for human rights litigation.
Rights awareness and redress: Empowering citizens
Article 23 of the Constitution guarantees the right to administrative justice.
The Commission on Human Rights and Administrative Justice (CHRAJ) is mandated to investigate allegations of human rights abuses.
However, widespread public education is needed to raise awareness of these rights and empower citizens to seek redress when their rights are violated.
Recommendations for reform
To address the systemic issues highlighted by the Joy News documentary and ensure accountability, the following recommendations are proposed:
- Independent Investigations: Conduct thorough and impartial investigations into all deaths in police custody.
- Bail Law Adherence: Ensure strict adherence to bail laws and minimize pre-trial detention.
- Prison Reform: Implement comprehensive prison reforms to alleviate overcrowding and improve conditions.
- Human Rights Training: Provide comprehensive human rights training to all police officers.
- Public Awareness: Launch public awareness campaigns to educate citizens about their rights.
- Oversight Mechanisms: Strengthen oversight mechanisms to monitor police conduct and prevent abuses.
- Support for Families: Provide adequate support and compensation to the families of victims.
Conclusion
The tragic deaths of the 19 individuals in police custody underscore a pressing need for systemic reforms within Ghana’s law enforcement agencies.
By strengthening legal frameworks, promoting human rights awareness, and ensuring accountability, Ghana can reaffirm its commitment to upholding the rule of law and protecting the fundamental rights of all its citizens.
It is imperative that the recommendations outlined above are implemented with urgency and diligence to prevent future tragedies and build a more just and equitable society.
References (APA 7th ed.)
Adjei-Ampofo v Accra Metropolitan Assembly [2003-2004] SCGLR (411 at 417)
Constitution of Ghana, 1992.
Criminal Procedure Code, Act 30 (1960).
Exparte Mensah 1 GLR 227 (1996-97).
Martin Kpebu v. Attorney General, (2020).(No 1 and 2)
United Nations. (2015). Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules).
By ANGELA DARKO
Email: angeladarko243@gmail.com
Contact number: 0205611692
Designation: Student of the Ghana School of Law
