Supreme Court nominee Justice Edward Amoako Asante has urged suspects held in police custody beyond the constitutionally prescribed 48-hour period to seek redress through the courts, saying legal action could help strengthen accountability within law enforcement.
Justice Asante said court intervention would not only protect the rights of individuals but could also deter the Police from unlawfully keeping suspects in custody for prolonged periods.
He made the call when he appeared before Parliament’s Appointments Committee on Thursday, August 27, for vetting as a nominee to the Supreme Court.
Responding to questions on bail and the detention of suspects, the former President of the ECOWAS Court of Justice said the fundamental rights guaranteed under Chapter Five of the 1992 Constitution were enforceable and should be actively pursued through the courts.
He questioned why suspects who had been kept in custody beyond the 48-hour constitutional limit had not routinely taken legal action against the Police.
“I have always had the notion why suspects have not sued the police for keeping them for times on end after the 48 hours,” he said.
Justice Asante argued that the existing legal framework already provided avenues for individuals to challenge unlawful detention and obtain compensation where their rights had been violated.
He cited the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), as providing adequate provisions for bail and said there was therefore no compelling need for separate legislation on bail.
According to him, lawyers should make greater use of the existing legal provisions by taking unlawful detention cases to court rather than seeking to create additional laws.
“If you take action and the court declares and fines and awards against those who have done so, then it will be fine,” he said.
He explained that such judgments could serve as a deterrent and reinforce the principle that law enforcement agencies could not arbitrarily arrest or detain citizens.
AI cannot replace judicial judgment
Justice Asante also addressed the growing use of Artificial Intelligence (AI) in the legal profession and judiciary, cautioning against excessive reliance on the technology.
He acknowledged that AI could assist lawyers and judges with legal research and the processing of large amounts of information but maintained that human judgment remained indispensable.
“It cannot replace lawyers or judges. The human thinking is unique,” he said.
He urged legal professionals to independently assess and verify information generated by AI before relying on it in legal work, warning that failure to do so could lead to serious professional mistakes.
Justice Asante further suggested that AI systems used in the legal sector should be customised for particular institutions and trained with relevant laws and judicial decisions to improve their accuracy and usefulness.
Extensive judicial experience
Justice Asante is a Justice of the Court of Appeal and served as President of the ECOWAS Court of Justice from 2018 to 2024.
He has more than 33 years of experience in legal practice and the judiciary. He was called to the Ghana Bar in 1991 and began his judicial career as a Circuit Court Judge in 2002 before subsequently serving as a High Court Judge.
He was elevated to the Court of Appeal in 2020 and in 2025 was elected to the Advisory Committee of the United Nations Human Rights Council.
President John Dramani Mahama nominated Justice Asante alongside Justice Sophia Rosetta Bernasko-Essah and private legal practitioner Anthony Forson Jnr for appointment to the Supreme Court.
