The fundamental human rights and freedoms of all persons are inviolable to the extent a person shall not be denied his rights of liberty and freedom except on grounds of law. The laws in Ghana further require that due process should be adhered in circumstances where the personal liberties and freedom of an accused person is deprived.
In August 1999, a distinguished DSP of Ghana Police Service as well as a medical superintendent in charge of a clinic of the Ghana Police Service was charged with murder in an act which he acted for the protection and safety of his wife against mob attacks. His wife was attacked by a mob close to his residence for no just cause. To save his wife from the mob attacks, the accused issued a warning shot from an official pistol assigned to him by the Ghana Police Service for his safety and that of his family.
The entire mob ran away upon hearing the warning shot except the deceased who rushed at the accused with the intent to wrestle for the pistol from the accused. In the process, a struggle ensued and the trigger of the pistol went off hitting the deceased in the abdomen.
Being a medical superintendent and to demonstrate his intention not to have intentionally caused the harm that resulted in the death of the deceased, the accused rushed the deceased to the hospital and assisted the hospital authorities to save her life. Unfortunately, the deceased passed away and the whole community attempted to lynch the accused person.
The accused was arrested, charged with murder, interdicted by his office but nonetheless was granted bail subsequently. For 16 years the accused live in solitude, abject poverty and disillusion.
The accused and his former lawyers since 1999 made countless efforts to the Attorney General’s Department to put the accused before a court of competent jurisdiction for trail to no avail.
In September, 2014, the accused sought the services of the Legal Resources Centre (LRC) for legal assistance. Being a human rights organization LRC initiated the process with the Attorney-General’s Department to initiate proceedings for the prosecution or otherwise of the accused. This effort proved futile.
In June, 2015, dissatisfied with the attitude of the Attorney General’s Department to prosecute the accused, LRC filed the necessary court process at the Human Rights Court Division of the High Court, Accra to set aside the charge for the offence of murder against the accused person on grounds of unreasonable delay which contravenes article 19 (1) of the 1992 Constitution.
On 26th June 2015, the Court unconditionally discharged the accused on grounds of unreasonable delay for his prosecution for the past 16 years and the fact that the Attorney General did not oppose his discharge.
From August 1999 to June 2015, the accused did not have hope of securing his fundamental right and freedom. However on that faithful day of 26th June, 2015, the accused felt his freedom and still does not believe that his freedom is in fact a reality.
Currently, LRC is taking the necessary steps to ensure that the Ghana Police Service reinstates the now freed police officer and medical superintendent back to the Service and to ensure that his rights within the Service are effectively protected and guaranteed
