Lawyer Samuel Kissiedu is a Legal practitioner
Legal practitioner, Lawyer Samuel has explained the legal options available to individuals who believe their rights have been violated while in detention, citing the application of habeas corpus as the first remedy under Ghana’s laws.
Speaking in an interview with Nana Romeo on Okay FM on February 9, 2026, Lawyer Samuel discussed the legal processes surrounding the detention of Abu Trica and whether he can take legal action against EOCO and the FBI while still in custody.
According to him, Ghana’s Constitution protects the freedom of movement of every citizen, and any unjustified restriction of that right can amount to a violation.
“This happens all the time. There’s an application called Habeas Corpus. We mostly file it while the person is in detention and you’ve not even seen the person,” he said.
He explained that the habeas corpus application is typically filed to compel authorities to produce a detained person before the court and justify the detention.
“The law works in Ghana and the constitution gives you freedom of movement, so when you limit someone or restrict someone’s movement, you’ve violated the person’s right. When that happens, habeas corpus is the application we file first so that’s what his lawyer filed and they quickly charged him,” he stated.
Lawyer Samuel added that aside from habeas corpus, the individual can also pursue a human rights suit for damages and compensation if the detention is deemed unlawful.
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“As he’s in custody, that’s the right time he’s supposed to file the application. He could have also filed for the normal suit in the human rights court for damages, compensation and others.
“Since he was detained for this long period, it’s right that his lawyers can file for human rights violation, so I think it’s a step in the right direction,” he noted.
He further stressed that the Constitution frowns upon prolonged detention without conviction, explaining that suspects are usually entitled to bail while investigations continue.
“The constitution doesn’t like a situation where the person is not yet convicted, but his freedom of movement is restricted. If it’s the case where they’re investigating, they grant him bail. If the court thinks he would travel out when he’s released, they have the right to give him conditions that will let him report to court,” he explained.
According to him, although the Supreme Court has ruled that all offences are bailable, bail is not automatic as courts consider several factors before granting it.
“Now in Ghana, the Supreme Court has declared that all offenses are bailable, but that doesn’t mean they would just give you bail. There are factors that they consider and the strict measures they can impose for the bail to be granted,” he added.
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