JUSAG strike: CLRL urges Chief Justice to set up special courts for bail applications

The Centre for Legitimacy and Rule of Law (CLRL) has called on the Chief Justice to establish specialised courts, made up of High Court judges assisted by Circuit or District Court judges, to deal exclusively with bail applications amid the ongoing strike by the Judicial Service Staff Association of Ghana (JUSAG).

The Centre said the proposed arrangement would help ensure that people arrested or remanded in custody could still access the courts and have their bail applications determined despite the disruption to judicial proceedings.

In a press statement issued on Monday, November 9, and signed by its Head of Legal, Richard Nii Amarh, the CLRL said that the Chief Justice must take urgent steps to ensure that the suspension of regular court sittings does not prevent people in police or prison custody from accessing justice.

It proposed the establishment of specialised courts comprising High Court judges, supported by Circuit or District Court judges acting as clerks or recorders.

These courts, it said, should sit exclusively to hear bail applications, particularly those involving people whose access to the courts has been affected by the JUSAG strike.

"We also call on the Chief Justice to institute specialised courts made up of High Court Judges assisted by Circuit or District Court Judges acting as clerks or recorders to sit solely on bail applications," the statement said.

The Centre said the arrangement would provide an urgent avenue for suspects and accused persons to seek their release while the industrial dispute remained unresolved.

It said that fundamental human rights should not become inaccessible because of a labour dispute within the Judicial Service.

The CLRL expressed concern about the number of people arrested since the strike started, arguing that the suspension of court proceedings had left many without the opportunity to have their detention reviewed by a judge.

It said the situation was particularly worrying for accused persons who had already been remanded and given specific dates to return to court.

According to the Centre, such individuals now face uncertainty over when they will next appear before a judge or have an opportunity to apply for bail.

The statement further said that the 1992 Constitution requires a person arrested or detained to be brought before a court within 48 hours.

However, it argued that the ongoing strike had made access to this constitutional protection increasingly difficult.

"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," the statement said.

The Centre described the situation as a threat to the country's commitment to the rule of law and the protection of individual rights.

The CLRL called on the Inspector-General of Police (IGP) to direct investigators to grant police enquiry bail in minor offences to reduce pressure on police cells.

It said the measure would help prevent unnecessary congestion in detention facilities while the courts remained affected by the strike.

"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.

The Centre maintained that such an intervention would help protect the rights of people facing less serious allegations and ease the pressure on law enforcement facilities.