Private legal practitioner Justice Abdulai has raised concerns over what he describes as a legal gap in Ghana’s criminal justice system regarding the handling of suspects whose charges have been dropped but are subsequently re-arrested.

Speaking in an interview on Joy FM's Top Story on Wednesday, May 6, he stated that there is no specific legislation that clearly regulates how such situations should be handled.

“There’s no specific regulation regarding how suspects who are re-arrested are handled,” he said, noting that the issue has persisted over time without clear legal guidance.

Mr Abdulai referenced past cases, including that of Gregory Afoko, to illustrate what he described as recurring concerns about due process and the treatment of accused persons within the justice system.

According to him, despite court decisions granting bail or discharging accused persons at various stages, Mr Afoko remained in custody. This, he stated, happened under the watch of former Attorney General Godfred Yeboah Dame.

“At every point in time, he was never allowed to walk out, even from the courtroom of even the courtroom at every point in time. He went to the Court of Appeal, went back and forth, and this man was never let out.

"And coincidentally, my brother, the former Attorney General, was in charge of that court prosecution. And today, I mean, listening to him today, for me, it comes along with a lot of misgivings because he's superintendent over the same conduct,” he said.

He stressed that such practices undermine the credibility of the justice system and require urgent attention.

“I’m not condoning it. It is still wrong, and we must put a stop to it,” he stated.

Mr Abdulai further criticised what he described as recurring actions by the state that risk violating citizens’ rights.

“The machinery of the state is designed to protect the citizens and not to abuse the rights of the citizens,” he said.

He warned that when state institutions are perceived as acting outside proper safeguards, public confidence in the justice system is weakened.

His comments follow the re-arrest of former Chief Executive Officer of the National Food Buffer Stock Company, Abdul Wahab Hanan, and his wife, Faiza Seidu Wuni, shortly after they were discharged by the High Court on May 5.

However, Counsel for the couple, Godfred Yeboah Dame, speaking on JoyNews Prime, said the circumstances surrounding the fresh arrest by operatives of the Economic and Organised Crime Office (EOCO) raise serious constitutional and procedural concerns, alleging that there are plans to subject his clients to torture in the course of the re-arrest process.