Private legal practitioner Martin Kpebu has stated that individuals in state custody retain their constitutional right to healthcare, stressing that detention does not strip a person of access to medical treatment.

His comments follow concerns raised by lawyers for the New Patriotic Party's Bono Regional Chairman of the New Patriotic Party, Kwame Baffoe Abronye, popularly known as Abronye DC, who claims their client’s health condition is deteriorating while in the custody of the National Intelligence Bureau.

Speaking on the legal implications of the situation in an interview on Joy FM's Top Story on May 18, he explained that once a person is detained, the state assumes full responsibility for that individual’s safety and wellbeing, including access to healthcare.

According to him, authorities overseeing any detention facility are expected to ensure immediate medical attention when an inmate’s health worsens.

“Once he is in their custody, there is a heightened sense of responsibility on the authorities. If the person’s condition deteriorates, they are expected to take him to the hospital,” he said.

Mr Kpebu emphasised that the 1992 Constitution of Ghana only permits the restriction of a person’s liberty when lawfully detained and does not affect rights such as healthcare and dignity.

He referenced Article 14, explaining that while a detainee’s movement and certain freedoms may be limited, their right to medical care remains protected under the law.

“When the Constitution talks about access to health and dignity, it does not say that because you are incarcerated, your health rights are curtailed. No. What is usually curtailed is liberty,” he noted.

He added that in situations involving politically exposed individuals, security agencies often act with extra caution due to the potential consequences of any medical neglect.

Mr Kpebu further observed that in severe health cases, authorities may consider granting bail or temporary release to allow family support and proper care, while legal processes continue.