JUSAG strike: Over 2,000 arrested persons unable to access courts for bail – CLRL

The Centre for Legitimacy and Rule of Law (CLRL) has raised concerns over the continued suspension of court proceedings following the strike by the Judicial Service Staff Association of Ghana (JUSAG), estimating that more than 2,000 people arrested since the industrial action began have been unable to obtain judicial decisions on their bail or remand status.

The Centre says the situation threatens the constitutional rights of arrested persons, particularly those who remain in police custody or have been remanded without the opportunity to return to court on their scheduled dates. In a statement signed by its Head of Legal, Richard Nii Amarh, CLR, on Monday, November 9, he said the strike, which began on Monday, November 2, has resulted in the suspension of sittings in all courts except the Supreme Court.

It warned that the disruption is compounding an already overburdened justice system characterised by prolonged delays and frequent adjournments. “Our research desk has estimated that more than two thousand (2,000) people have been arrested by the Ghana Police Service since the declaration of this industrial strike. Consequently, these individuals have been denied the opportunity for a judicial pronouncement on their bail or remand status,” the statement said.

The Centre expressed particular concern about accused persons who were already on remand and had been given specific dates to reappear in court before the strike disrupted proceedings. It said their inability to return to court has left them facing uncertainty over their continued detention, with limited opportunities to seek their release. CLRL argued that the situation raises serious questions about Ghana’s commitment to the rule of law, especially the constitutional protection requiring arrested or detained persons to be brought before a court within 48 hours.

“While our Constitution mandates that a person arrested or detained be brought before a court within 48 hours, the JUSAG strike has rendered this fundamental right a far-to-reach luxury,” it stated. The Centre has consequently called on President John Dramani Mahama, the Ministers for Finance, Justice, and Employment and Labour Relations to urgently intervene to resolve the dispute and restore normal court operations.

It said the government must treat the industrial action as a matter of urgency, given its implications for the administration of justice and the liberty of persons caught up in the disruption. CLRL proposes police bail and special courts for bail applications As an immediate intervention, the Centre urged the Inspector-General of Police (IGP) to direct investigators to grant police enquiry bail to suspects involved in minor offences.

It believes the measure would help reduce congestion in police cells and prevent people accused of less serious offences from remaining in custody solely because court proceedings have been suspended. “We are further urging the Inspector General of Police to issue a directive to all investigators to grant bail in all minor offences that have come before their police stations in order to decongest the already congested cells,” the statement said.

CLRL has also appealed to the Chief Justice to establish specialised courts to deal exclusively with bail applications while the strike continues. Under its proposal, High Court judges would be assisted by Circuit or District Court judges acting as clerks or recorders to facilitate hearings on applications for bail. The Centre says this arrangement would provide an alternative avenue for accused persons to exercise their right to seek bail despite the disruption to regular court proceedings.

It stressed that the ongoing industrial action should not leave people in detention without access to judicial consideration of their liberty. Centre calls for comprehensive Bail Act Beyond the immediate interventions, CLRL is urging Parliament to consider enacting a comprehensive Bail Act to strengthen Ghana’s existing legal framework. It noted that the country’s bail regime is currently regulated by the Criminal Procedure Act, 1960 (Act 30), with much of its practical application shaped by judicial decisions and court practices over the years.

According to the Centre, a dedicated Bail Act would provide a more comprehensive framework for bail administration, including provisions to address exceptional circumstances such as disruptions to court operations. “Finally, we call on the Parliament of Ghana to consider a Bail Act that will be thorough enough to cover situations such as this,” the statement added.

CLRL maintained that urgent action by the relevant state institutions is necessary to protect the rights of arrested and remanded persons while efforts continue to resolve the disagreement between JUSAG and the government.