MARTIN KPEBU v. ATTORNEY-GENERAL

JUDGMENT

AKUFFO, CJ:-

Brief Background Facts

On 6th September 2016, the Plaintiff, in his capacity as a private citizen and a legal practitioner, pursuant to Article 2 of the Constitution, commenced the action herein against the Defendant seeking the following reliefs:

1. A declaration that on a true and proper interpretation of article 14(3) of the Constitution, 1992, a Saturday, a Sunday, a public holiday, anytime during a civil unrest and any other day that the courts in Ghana cannot sit (e.g. during strike by judicial service staff or during a strike by any other stakeholder that will prevent the court from sitting) would be counted in reckoning the 48 hours within which a person arrested or detained on suspicion of committing a crime and not released must be brought before a court under article 14(3) of the Constitution of Ghana, 1992.

2. A declaration that on a true and proper interpretation of article 14(3) of the Constitution, 1992, section 4 of the Public Holidays Act, 2001 (Act 601) is inconsistent with article 14(3) and is void to the extent of that inconsistency only.

3. A declaration that the Government of Ghana is in breach of article 14(3) of the Constitution of Ghana, 1992 for not taking steps to ensure that some courts are opened on Saturdays, Sundays and public holidays for arrestees whose 48 hours of incarceration expire on the aforementioned days are brought to court for the court to determine the validity of their incarceration and to enable the arrestee to apply for bail.

4. A declaration that, on a true and proper interpretation of article 14(3) of the Constitution, 1992, certain courts must be made to sit on Saturdays, Sundays or any other day that the courts are ordinarily unable to sit due to strikes, civil unrest and other circumstances not contemplated, in order for the court to hear applications for bail.

5. A declaration that where a court is scheduled to sit on or seized with a criminal matter concerning an arrestee who is being brought pursuant to article 14(3) of the Constitution, 1992 is unable to sit in open court under circumstances of strike or civil unrest an arrestee in custody has a right to apply to a judge who has a jurisdiction to hear that kind of case for bail or for his release depending on the classification of the offence. The application may be made in chambers or any other place the judge may be found and should not be subject to filing a motion in the court, but the motion may be with the judg