By Emmanuel Sowah
In a bold legal move aimed at reinforcing Ghana’s constitutional protections against unlawful detention, a Supreme Court action has been filed to challenge the increasingly common practice by law enforcement agencies of using “administrative bail” to circumvent the constitutional 48-hour rule for holding arrested persons.
The case is spearheaded by private citizen Williams Agyei, who has taken the initiative as Plaintiff in the matter. Legal representation is being provided by Olive Barker Vormawor, a well-known constitutional activist, legal practitioner, and convenor of the Fix The Country movement.
The initiative comes weeks after Vormawor publicly criticized the practice, arguing that it amounted to a dangerous erosion of the constitutional safeguard which requires that an arrested individual be brought before a court within 48 hours.
Vormawor explained that the legal challenge began after Agyei reached out to collaborate. What followed were days of intense legal drafting, note exchanges, and argument refinement — all conducted without sponsorship or external support. He described the process as one of pure conviction, with two lawyers working tirelessly to fine-tune a legal action intended to protect the constitutional rights of every Ghanaian.
The case, now formally filed, seeks a constitutional interpretation that would make it unequivocally clear that administrative bail cannot be used as a legal loophole to delay a person’s right to be presented before a court within the constitutionally mandated timeframe.
He expressed deep admiration for Agyei’s civic initiative and commitment to justice, describing it as a reminder that the legal profession still holds space for conscience, integrity, and public duty. Vormawor stressed that lawyers can and must do more — whether in collaboration or individually — to safeguard the principles of justice and constitutional governance.
Reflecting on his broader journey, Vormawor reaffirmed his belief in gradual, purposeful change. He emphasized that his contribution to Ghana is not measured in wealth but in dedication to democratic progress and the protection of fundamental freedoms. He noted that these efforts are aimed at ensuring that when any citizen is arrested tomorrow, they will find liberty preserved by the struggles of others.
As this significant legal battle now moves to the apex court, its outcome could have wide-ranging implications for law enforcement procedures and the future of human rights protections in Ghana.
Vormawor closed with a reflection on sacrifice and civic duty, hopeful that posterity will remember the efforts made to uphold justice in the face of silence.
Source: olive barker vormawor Facebook page
