The Constitution is very clear. It makes the courts the instrument for the administration of justice. The law enforcement agents only have the right to investigate, gather evidence and charge an arrestee for the person to become an accused person.
This should be done within 72 hours. Any person charged should then be taken before a court for hearing. It falls within the discretionary powers of the court to grant bail on the basis of conditions that are not excessive. Once granted bail the person should not be arrested for the same offence.
This is why in Tina Faal’s case the defence sought the protection of the court to prevent the re-arrest of their client after the granting of bail by the court. It became clear through the exchanges that the prosecution was not behind the re-arrest and incarceration of Tina Faal after she was granted bail by the court. The court has also emphasised that all it could do is to grant bail and that action stands unrevoked.
Any further arrest therefore would amount to arbitrary and unlawful detention. Hence the victim is entitled to go to the high court to sue any authority that perpetrated the act. Foroyaa will follow the case to see what happens next.
