Brief Background Facts
On 6th September 2016, the Plaintiff, in his capacity as a private citizen and a legal practitioner, pursuant to Article 2 of the Constitution, commenced the action herein against the Defendant seeking the following reliefs:
- A declaration that on a true and proper interpretation of article 14(3) of the Constitution, 1992, a Saturday, a Sunday, a public holiday, anytime during a civil unrest and any other day that the courts in Ghana cannot sit (e.g. during strike by judicial service staff or during a strike by any other stakeholder that will prevent the court from sitting) would be counted in reckoning the 48 hours within which a person arrested or detained on suspicion of committing a crime and not released must be brought before a court under article 14(3) of the Constitution of Ghana, 1992.
- A declaration that on a true and proper interpretation of article 14(3) of the Constitution, 1992, section 4 of the Public Holidays Act, 2001 (Act 601) …