Kpebu urges NIB to respect no detention beyond 48 hours rule if they arrest Gifty Oware

Private legal practitioner Martin Kpebu has issued a strong reminder to the National Intelligence Bureau (NIB) regarding the constitutional requirement to either release or arraign Gifty Oware in court within 48 hours of her arrest.

According to Mr Kpebu, he had wind of the arrest of the former Deputy Executive Director of the National Service Authority, Gifty Oware, ostensibly for her role in the alleged Ghost Names scandal.

Mrs Gifty Oware returned from abroad in the course of the week to rumours that she would be arrested at the Kotoka International Airport.

Speaking on The KeyPoints with Alfred Ocansey, Kpebu emphasized that the law is clear on how long a suspect can be detaimed – 48 hours,  thus not complying would amount to a breach of her rights.

“We want to remind the NIB that 48 hours is 48 hours. Today is Saturday, tomorrow is Sunday, but that does not change the law. The Supreme Court has been very clear—if you want to detain her beyond 48 hours, please go to court,” he stated.

The lawyer referenced a directive by the Supreme Court, explaining that the Chief Justice had issued specific guidelines in 2020 on how law enforcement agencies should handle such matters.

“You go and see the registrar. Tomorrow, there will be a judge for you. You don’t even need to wait until the 48 hours are almost up,” Kpebu advised.

He further cited precedents where courts in Ghana have sat on weekends and public holidays to handle urgent cases, including instances involving members of the opposition National Democratic Congress (NDC).

“You remember even recently, the NDC cases—some of them were heard on public holidays. I, sitting here, have been to court on Saturdays on several occasions, including public holidays,” he revealed.

Kpebu urged the NIB to act swiftly, stating that the law does not allow authorities to delay the court process beyond the legally mandated period.

“If you intend to keep Gifty Oware beyond 48 hours, then I even prefer that you go to court today. The Supreme Court has said don’t wait until you are getting close to the 48-hour deadline because anything can happen. The moment it goes beyond 48 hours, you are in breach of the law,” he warned.

Referring to a landmark Supreme Court ruling delivered by former Chief Justice Sophia Akuffo before her retirement, Kpebu reiterated that law enforcement agencies must comply strictly with constitutional provisions.

“That was Sophia Akuffo’s valedictory judgment. It was the last ruling she delivered before retiring. The law is very clear—48 hours means 48 hours. It doesn’t mean after 48 hours, now you prepare to go to court. It means within 48 hours, you must act,” he stressed.

Kpebu also expressed his readiness to legally represent Oware should her rights be violated.

“If the NIB breaches the 48-hour rule, I will be happy to represent Gifty Oware. As citizens, we all must jump in because we don’t know what could happen tomorrow,” he added.

He concluded by stating that while Oware must face justice if necessary, her constitutional rights should not be trampled upon.

“The fact that I want her to face justice doesn’t mean we should keep her beyond 48 hours. No, let’s not do that. It’s not worth it. She voluntarily returned to the country. If she intended to abscond, she wouldn’t have come back. So once she is here, let’s follow due process,” Kpebu urged.

 

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