Under Ghanaian law, a police officer may arrest a person with or without a warrant, but the power of arrest is not unlimited. The law requires that arrests be conducted in accordance with specific legal requirements governing the circumstances and manner of the arrest. These requirements are in place to protect the rights of individuals and ensure that arrests are carried out lawfully.
A warrant of arrest is issued by a court upon a complaint made on oath and should sufficiently identify the person to be arrested and state the offence in respect of which the arrest is authorized. When a police officer seeks to arrest a person pursuant to a warrant, the individual is entitled to ask to see the warrant and verify that it relates to them and that the particulars reasonably identify them as the person against whom it was issued.
In situations where a police officer arrests a person without a warrant, the law specifies certain circumstances that justify such an action. These include instances where the individual commits an offence in the presence of the police officer, obstructs a police officer in the execution of their duty, escapes or attempts to escape from lawful custody, or is found in possession of an implement adapted or intended for use to unlawfully enter a building.
The law also prescribes how an arrest is to be effected. A police officer making an arrest should first identify themselves as a police officer. The officer may then touch or confine the body of the person to be arrested unless the person submits to the arrest, either expressly or by conduct. Furthermore, Article 14(2) of the 1992 Constitution requires that a person who is arrested, restricted or detained be informed immediately, in a language they understand, of the reasons for the arrest, restriction or detention and of their right to a lawyer of their choice.
An arrest that is not authorized by law, or that is effected in a manner contrary to the requirements of the law, amounts to an unlawful arrest. In such cases, individuals have the right to resist the arrest, but this right is not an unlimited licence to use violence. The force used must be reasonably necessary and proportionate to the unlawful restraint or interference with one's liberty.
The principle of resisting unlawful arrest was recognized in the case of Asante v The Republic [1972] 2 GLR 177. In this case, the police officer purported to restrain the appellant without complying with the legal requirements for a lawful arrest. The Court held that the police officer was not acting in the lawful execution of their duty and recognized the appellant's right to resist the unlawful interference with their liberty.
If an individual believes that an arrest is unlawful, they should, where reasonably possible, state clearly that they do not consent to the arrest, ask for the reason for the arrest, request the assistance of a lawyer, and avoid unnecessary physical confrontation. By understanding their rights and the limits of police power, individuals can ensure that their liberties are protected during the arrest process.
Key points
- A police officer may arrest a person with or without a warrant, but the power of arrest is not unlimited and must be exercised in accordance with specific legal requirements.
- An individual has the right to resist an unlawful arrest, but the force used must be reasonably necessary and proportionate to the unlawful restraint or interference with their liberty.
- A person who is arrested has the right to be informed immediately, in a language they understand, of the reasons for the arrest and of their right to a lawyer of their choice.
