Samson Lardy Anyenini Condemns Ghana Police Unconstitutional Detention of Blogger Samuel Amadotor

Discover how prominent lawyer Samson Lardy Anyenini highlighted Ghana Police Service violations in the extended detention of journalist Samuel Amadotor, sparking debates on constitutional rights and press freedom.

Introduction

In a bold critique on Joy FM’s Midday News on November 21, 2025, private criminal practitioner Samson Lardy Anyenini condemned the Ghana Police Service for the arrest and extended detention of blogger Samuel Amadotor from Dklassgh.web. Anyenini described the police actions as unconstitutional, emphasizing breaches of fundamental human rights protections under Ghanaian law. This incident underscores ongoing concerns about unconstitutional detention by Ghana police, particularly when involving journalists accused of publishing false information.

Amadotor’s arrest stemmed from allegations of disseminating false details aimed at damaging the reputation of the former Board Chairman of the National Communications Authority (NCA), Okatakyie Boakye Danquah Ababio II. Although an Accra Circuit Court later granted him bail of GH¢50,000, the prolonged hold beyond the legal limit drew sharp legal scrutiny. This case highlights the tension between law enforcement practices and constitutional rights in Ghana, making it a pivotal discussion for understanding police accountability and media freedoms.

Analysis

Samson Lardy Anyenini’s statements provide a detailed legal lens on the Samuel Amadotor case, focusing on procedural violations rather than the arrest’s merits. His commentary educates on key aspects of Ghana’s legal framework governing arrests and detentions.

The 48-Hour Detention Rule

Central to Anyenini’s condemnation is the Ghana Constitution’s Article 14(3), which mandates that any arrested person must be brought before a court within 48 hours. Anyenini stressed, “So keeping him for more than two days, for 48 hours, is completely lawless. It’s unconstitutional.” He noted this is a recurring issue with the police, often overlooked unless the detainee is a high-profile figure like a journalist.

Distinguishing Arrest from Detention Practices

Anyenini clarified his focus: “How this journalist was arrested is what I am concerned about, and not that he was arrested.” This pedagogical distinction teaches that arrests can be lawful if based on reasonable suspicion, but extended detention without court approval violates due process. He pointed out that courts have repeatedly ruled against such practices, even on weekends or holidays.

False News Publication Laws in Context

Under Ghana’s Criminal Offences Act, 1960 (Act 29), Section 208 prohibits publishing false news likely to cause panic or disturb public peace. Anyenini explained that the law targets content with broad societal impact, not personal reputational disputes: “We have issues, but when they involve private individuals, and you cannot show that the publication will cause panic or disturb the public peace, then the state gets involved; that’s where we must be concerned.” This analysis demystifies when state intervention is justified versus overreach.

Summary

Samson Lardy Anyenini publicly criticized the Ghana Police Service on November 21, 2025, for detaining blogger Samuel Amadotor beyond 48 hours without court authorization, labeling it an unconstitutional breach of rights. The arrest related to alleged false publications about an NCA official, but the focus was on procedural illegality. Anyenini called for police accountability, noting similar violations against non-journalists often go unchallenged. Bail was set at GH¢50,000 by an Accra court, but the incident reignites debates on Ghana police detention practices and human rights.

Key Points

Practical Advice

For citizens, journalists, and legal practitioners in Ghana, understanding arrest and detention rights is crucial. Here’s pedagogical guidance based on established laws:

Know Your Rights During Arrest

Upon arrest, demand to know the reasons and insist on being informed of your rights, including the right to a lawyer. Ghana Constitution Article 14(4) guarantees silence until legal counsel is present.

Monitor the 48-Hour Clock

Police must produce you in court within 48 hours. If not, contact a lawyer, family, or organizations like the Ghana Journalists Association. Document everything for potential habeas corpus applications.

For Journalists Facing False News Charges

Verify facts rigorously before publishing. If accused under Section 208, argue lack of public harm intent. Seek bail promptly, as courts often grant it in media cases.

Reporting Violations

Report breaches to the Commission on Human Rights and Administrative Justice (CHRAJ) or file suits in High Court for redress.

Points of Caution

While advocating rights, caution is essential to avoid escalation:

For Detainees and Families

Resist unlawful detention calmly; physical resistance can lead to additional charges. Use legal channels like mandamus orders.

For Police Officers

Adhere strictly to the 48-hour rule to avoid personal liability under Article 14. Courts have sanctioned officers for contempt in past rulings.

For Media Professionals

Publishing unverified claims risks defamation suits under the Criminal Offences Act. Balance investigative journalism with ethical fact-checking.

Anyenini warned that unchecked violations erode public trust: “The police chiefs… must answer and respond to some of these things.”

Comparison

This case mirrors broader patterns in Ghana. Anyenini referenced ordinary citizens detained over seven days without court appearance, ignored due to lacking media spotlight. For instance:

Journalist vs. Non-Journalist Cases

High-profile journalists like Amadotor garner public outcry, leading to quicker bail (GH¢50,000 here). Non-journalists, per Anyenini, suffer silently, highlighting equity issues in human rights protections Ghana.

Historical Police Practices

Courts have consistently invalidated weekend detentions, as in precedents from the Supreme Court. Yet, reports from human rights bodies like Amnesty International note persistent 48-hour breaches in political or minor cases.

Similar Media Arrests

Compare to past arrests of outlets like Citi FM journalists for critical reporting, where bail was granted but processes criticized, reinforcing Anyenini’s call for systemic reform.

Legal Implications

This incident carries clear legal ramifications under Ghanaian law, applicable and verifiable:

Constitutional Breaches

Article 14(3) violation exposes police to contempt charges. Detainees can sue for unlawful imprisonment, seeking damages.

Police Accountability

Officers risk disciplinary action under Police Service Act, 1970 (Act 350). Superiors may face vicarious liability, as Anyenini urged: “They should be held responsible.”

Press Freedom Protections

Article 162 safeguards media freedom, but false news exceptions apply narrowly. Prolonged detention could invite international scrutiny from bodies like the African Commission on Human and Peoples’ Rights.

Courts granting bail affirm judicial oversight, but repeated issues signal need for training on constitutional limits.

Conclusion

Samson Lardy Anyenini’s outspoken condemnation of the Ghana Police Service’s handling of Samuel Amadotor’s detention serves as a clarion call for upholding constitutional standards. By focusing on the 48-hour rule and false news nuances, he educates on protecting rights amid law enforcement duties. This case exemplifies why vigilance against unconstitutional police actions in Ghana is vital for democracy, press freedom, and equal justice. Police accountability, as Anyenini demands, remains key to preventing future breaches and fostering trust in institutions.

As Ghana navigates media landscapes and security needs, prioritizing legal compliance ensures no one—journalist or citizen—is detained unlawfully.

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