The pretrial detainee in Ghanaian civil litigation: A constitutional and international human rights appraisal of Order 73 of C.I. 47 and Order 12 of C.I. 59; A case for the expungement of absconding warrants from Ghanaian civil procedure.
Her Ladyship Justice Sedinam Awo Kwadam (Mrs.)
EDITORIAL NOTE
Pretrial detention in civil litigation remains one of the least-examined contradictions within Ghana’s justice system. In this timely and incisive paper, Her Ladyship Justice Sedinam Awo Kwadam shines a necessary light on the constitutional and human rights implications of Orders 73 and 12 provisions that still permit the arrest and detention of civil defendants before judgment.
Her analysis exposes these rules as outdated remnants that conflict with Ghana’s modern constitutional order, international obligations, and the global shift away from coercive civil procedures. Through a sharp doctrinal critique and comparative study, the paper makes a compelling case for the urgent abolition of absconding warrants and the adoption of rights-respecting, asset-based remedies.
Legal Africa is honoured to publish this important work, which contributes meaningfully to the ongoing conversation on justice reform and the protection of personal liberty in Ghana.
