"Once a person is put on a plane and sent abroad, Ghanaian courts can no longer give any meaningful protection.
The matter becomes practically irreversible," wrote Amanda Clinton, Legal Practitioner.
The practitioner presented multiple inquiries regarding whether the court system was permitted to function, including whether a pending stay application or proper legal access was provided before the removal took place.
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"Was the stay application heard before he was removed? Was it dismissed?
Was there no effective stay order in place? Was his lawyer allowed proper access to him?
Was the ministerial surrender warrant properly issued? Was the court process allowed to work in any real sense before he was flown out?"
"If an emergency application had already been fixed for hearing, and the person was removed before the hearing could serve any useful purpose, then the issue becomes more troubling.
The question is whether the State followed the letter of the law while defeating the protection the law was meant to provide.
That is where the danger lies," wrote Amanda Clinton, Legal Practitioner.
Clinton also warned against allowing extradition processes to be utilized as leverage for international political negotiations.
"Ghana does not need a crude 'Abu Trica for Ofori-Atta' exchange. Extradition should never become human barter.
One person's liberty should not be traded for another person's political usefulness," said Amanda Clinton, Legal Practitioner.
The lawyer suggested that Ghana needs to establish an updated legal framework for mutual assistance that addresses modern digital crimes instead of relying on an outdated framework between Ghana and the United States.
"Ghana must not be a safe haven for fraudsters. But Ghana must also not become an airport transit point for foreign prosecution.
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There is a difference between cooperation and submission," wrote Amanda Clinton, Legal Practitioner.
