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Hanifa Samia Abdulai, a Ghanaian lawyer, was recently arrested by security operatives at her home. According to sources, the arrest was carried out without a court order or a warrant. The incident has sparked concerns over the disregard for constitutional safeguards in arrests.
Justice Abdulai, a private legal practitioner, has clarified the issue, pointing out that only court orders can override constitutional protections granted to arrested persons. Speaking on JoyFM's Top Story on Monday, July 6, he stated that even where a court issues directives, judges remain bound by the Constitution and must ensure that their orders do not contradict constitutional provisions.
In this, the only time anything close to that can happen would be an order from a court of law. And now, I say this with the caveat that even with that, a court would be mindful if there's a constitutional provision to the contrary, a court would be mindful of that provision and so would not go contrary to the constitutional provision.
Justice Abdulai also cautioned security operatives against treating arrest duties as purely mechanical instructions. He insisted that they are expected to exercise basic judgment in the field. According to him, those present during an arrest, such as family members, spouses, or lawyers, should be informed of the arrest and provided with basic details like the destination of the suspect and contact information for follow-up.
The private legal practitioner warned that failure to follow such procedures blurs the line between lawful arrest and kidnapping. He stressed that proper identification and communication during arrests are critical safeguards in a constitutional democracy.
Otherwise, you can never tell the difference, you can never distinguish between kidnapping and an arrest. There's a clear distinction between these two. The difference is that one is regulated by law, one is under the shadow of darkness. If you cannot operate under one, then you are a kidnapper. And kidnappers must be treated in accordance with the law.
A former NAFCO CEO, Hanan Abdul-Wahab Aludiba, was recently arrested by security operatives, sparking concerns over the disregard for constitutional safeguards in arrests. According to Justice Abdulai, only court orders can override constitutional protections granted to arrested persons.
Hanan Abdul-Wahab Aludiba, a former NAFCO CEO, was appointed to the position in 2018. She was responsible for overseeing the management of the National Food Buffer Stock Company. However, her tenure was marred by controversy, with allegations of mismanagement and corruption.
The Ghanaian government has not officially commented on the arrest of Hanan Abdul-Wahab Aludiba or the clarification by Justice Abdulai on the matter.
The NAFCO was established in 1970 to stabilize food prices and ensure a stable food supply. The company has a history of mismanagement and corruption, with several former CEOs facing allegations of wrongdoing.
The arrest of Hanan Abdul-Wahab Aludiba has sparked concerns over the disregard for constitutional safeguards in arrests. Only court orders can override constitutional protections granted to arrested persons, according to Justice Abdulai.