Ghanaian judge orders Gambian IGP & Attorney-General to pay rape suspect for detention over 72 hours

A Ghanaian judge has vowed that the court will “relentlessly, fearlessly and zealously” resist any attempt by the police to unduly deprive civilians of their liberties.

Ghanaian judge orders IGP & Attorney-General to pay rape suspect for detention over 72 hours

His Lordship Alexander Osei Tutu, a Ghanaian judge in The Gambia said this while giving his ruling in a case involving a rape suspect who was detained by the country’s police beyond the constitutionally stipulated time.

He, therefore, ordered the Gambian Inspector-General of Police (IGP) and the Attorney-General to compensate Sylvanus Johnson for wrongful detention.

According to a report sighted by Pulse.com.gh on Adomonline.com, the 75-year-old man was arrested by the police over a rape allegation and detained at their Headquarters in Banjul between April 7 and April 19, 2021, without being arraigned.

While the law enforcement agency blamed the Covid-19-induced lockdown for the violation of his rights, the suspect later applied to the Kanifng High Court for the enforcement of his constitutional liberties.

The court presided over by Justice Osei Tutu, who is on secondment in the Gambia, ruled in favour of the suspect.

The judge cautioned the police to respect the rights and liberties of the citizenry unless there is a legally justifiable reason to curtail them, and that must always be done within the confines of the laws of the land.

“Such a course would be relentlessly, fearlessly and zealously resisted by the courts that are mandated by the constitution as the last hope of the people of The Gambia,” the ruling read in part.

Justice Osei Tutu ordered an amount of D40,000.00 equivalent to about GHC 5,000.00 be paid to Johnson by the Inspector-General of Police and the Attorney-General of Gambia as compensation.

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