A Social Activist and Pan Africanist, Peter Atsu Ahianyo, has revealed that putting #FixTheCountry convenor, Mr. Oliver Barker-Vormawor before court on Monday, February 14, 2022, as revealed by the Ghana Police Service in a press release, is illegal.
In the evening of Friday, February 11, 2022, Mr. Barker-Vormawor, minutes after arriving in the country from the United Kingdom, was picked up by state security operatives.
His arrest came a day after making a facebook post saying he would himself do a coup d’etat in the country if the controversial e-levy is passed by parliament. He also described the military as “useless” in his post.
“If this E-Levy passes after this Cake bullshit, I will do the coup myself. Useless Army,” Mr. Vormawor wrote on Facebook.
He has since been detained at the Tema Regional Police Command, waiting to be arraigned before court on Monday.
However, for Peter Atsu Ahianyo, taking the #FixTheCountry convenor to court on Monday will amount to violation of the constitution by the police.
According to him, it is illegal for a person who has been arrested to be kept in police custody for more than 48 hours, unless the person is released sooner. He argues that since Vormawor was arrested on Friday evening, action must be expedited by the police to arraign him before court with 48 hours as stated in clearly in the 1992 constitution article 14 clause 3.
Article 14 clause 3 of the 1992 constitution says: “A person who is arrested, restricted or detained (a) for the purpose of bringing him before a court in execution of an order of a court; or (b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana, and who is not released, shall be brought before a court within forty-eight hours after the arrest, restriction or detention.”
Peter believes that taking Vormawor to court on Monday means he would spend far more than 48 hours in detention.