Prime News Ghana

Supreme Courts rules that courts are to sit on weekends and public holidays for cases involving personal liberties

By Mutala Yakubu
Supreme Court
Supreme Court
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The Apex court in Ghana the Supreme Court has ruled that courts are to sit on weekends and public holidays. 

According to the ruling, this is to deal with issues affecting personal liberty and to end the practice where people are arrested and kept in custody beyond 48 hours because of the  courts not sitting on weekends and holidays

This development came about after seven-member panel presided over by outgoing Chief Justice Sophia Akuffo in a unanimous decision ruled.

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The Chief Justice presided over the panel comprising Justices Julius Ansah, Anin Yeboah (Chief Justice Designate), Baffoe Bonnie, Sule Gbadegbe, A. A Benin, and Prof. Ashie Kotey.

Reading the judgement, Sophia Akuffo stated that the portions of the Holidays Act preventing such access to justice are unconstitutional.

The court then rectified the provisions to exempt courts dealing with personal liberty cases as part of those who can work on holidays.

The court ordered that the Chief Justice must within six months designate each Metropolitan, Municipal and District Assembly with the required number of courts as may be needed to sit on weekends and holidays to deal with cases affecting personal liberty.

The court also ordered that the IGP sensitizes police prosecutors about this decision within six months.

The director of the Judicial Training Institute is also to do the same for Judges and Magistrates.

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It will be recalled that private legal practitioner Martin Kpebu in September 2016 dragged the Attorney General to the Apex court demanding a declaration that portions of the Holidays Act that bars the courts from dealing with cases that affect personal liberty are unconstitutional.

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