Unjustified arrest by state actors; one too many
It is gradually becoming a norm for persons with the power to arrest to exercise their power capriciously, blatantly, wantonly, and in a biased manner. Institutions set up to combat crime are usually given the power to arrest with or without an arrest warrant. Examples can be made of the Ghana Police Service, the Economic […]
The issue of arbitrary arrests by state actors has become increasingly prevalent in Ghana. Various institutions such as the Ghana Police Service, Economic and Organized Crime Office (EOCO), Narcotics Control Commission (NACOC), and Office of the Special Prosecutor (OSP) are empowered to arrest individuals, often without a warrant, in order to prevent crime or apprehend suspects.
According to Section 12 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), every person in Ghana, including law enforcement personnel, has the right to prevent a crime by arresting an individual who is committing one or is suspected of having done so. However, private citizens can only exercise this power if the offense involves force, violence, bodily harm, theft, fraud, or damage to property.
Police officers and other security/intelligence personnel are generally authorized to make arrests with or without a warrant, with the primary intention being to prevent a crime or stop a suspect from fleeing. Section 10 of Act 30 outlines specific circumstances under which an arrest can be made without a warrant, including when a police officer has reasonable grounds to believe a crime has been committed or that the arrest is necessary to prevent further criminal activity.
The legal principle "expressio unius est exclusio alterius" - the express mention of something excludes the other - applies in this context. A police officer is not permitted to arrest someone without a warrant if the reason for the arrest does not meet the criteria outlined in Section 10 of Act 30. For instance, if the arrest is motivated by personal bias or prejudice, it is considered unjustified.
In numerous cases, law enforcement officers have overstepped their authority by making unwarranted arrests outside of the exceptions stipulated in Section 10. This behavior is particularly concerning as it undermines the principles of fairness, honesty, and impartiality mandated by the Constitution of Ghana. The courts have consistently emphasized that arrests without a warrant are only permissible if they are based on legitimate reasons outlined in the law.
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