Lawyer for detained senior nursing officer Salomey Awity Baffoe, Enoch Afoakwah, has challenged the court’s decision to remand his client for two weeks, arguing that she had already spent several days in custody before being arraigned.
According to Mr Afoakwah, Baffoe was arrested on Saturday night but was only brought before the court on Wednesday, a situation he says violated the constitutional requirement that an arrested person be brought before a court within 48 hours.
“This lady was detained in unlawful custody. Our constitution clearly states that when a person is arrested, restricted, or detained, the law enforcement agencies are within their right to hold a person within 48 hours.
“If they intend to continue to hold the suspect beyond that 48 hours, they must arraign the person before a court of competent jurisdiction to determine whether or not to grant those orders,” Mr Afuakwa said on Accra-based Citi FM following the court’s decision to keep Baffoe in custody.
He said the defence raised the issue before the court and opposed the continued detention of Baffoe.
“The state refused to catch this woman from Saturday night, Sunday, Monday, Tuesday, and arraigned her on Wednesday,” he said.
Mr Afoakwah further expressed disappointment that the court did not accept the defence’s submissions, including arguments concerning Baffoe’s status as a mother of three, one of whom is four years old.
“Upon all the prayers made by learned counsel for the accused person, our prayer did not find favour in the eyes of the court,” he said.
“The state did not, the court did not weigh into the submission, in the interest of even the minors,” he added.
The lawyer also questioned why Baffoe should remain in custody over the Ghana Jollof TikTok account when the prosecution had reportedly told the court that the individual behind the account is currently in the United Kingdom.
Baffoe has pleaded not guilty to a charge of abetment of the publication of false news.
While the defence maintains that the prosecution must prove its case, Afuakwa said the circumstances surrounding his client’s arrest and detention remain a major concern.
“The court, that was supposed to be the scale in the middle to uphold the rights of all persons, weighed into the arena of the state against the innocent citizen,” he said.
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