The issue of unjustified arrests by state actors in Ghana has been raised, highlighting a growing concern among citizens and institutions. According to Peprah Berko's opinion piece on Adom TV, dated September 26, 2026, the power to arrest is being exercised capriciously and in a biased manner by individuals with the authority to do so. Institutions such as the Ghana Police Service, the Economic and Organised Crime Office (EOCO), the Narcotics Control Commission (NACOC), and the Office of the Special Prosecutor (OSP) have been mentioned as examples of entities with the power to arrest.
Under Ghanaian law, specifically Section 12 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), every person has the right to prevent the commission of a crime by arresting a person who is either committing a crime or is reasonably suspected to have committed a crime. However, for a private person to effect an arrest without a warrant, the offence must be committed in their presence and involve specific circumstances such as the use of force, bodily harm, stealing, fraud, or injury to public property.
Police officers and other security/intelligence officers have the power to arrest with or without a warrant, but this power is subject to certain conditions. Section 10 of Act 30 specifies instances where a police officer can arrest a person without a warrant, such as to prevent the commission of a crime or to prevent the escape of a suspect. The law also requires that a police officer inform the person arrested of the cause for arrest, unless the arrest occurs during the commission of an offence or immediately after escape from custody.
The courts have established that a police officer does not have the power to arrest a person without a warrant if the reason for the arrest does not fall within the provisions of Section 10 of Act 30. In the case of Asante v. The Republic [1972] 2 GLR 177, the court held that a police officer effecting an arrest without a warrant must inform the person arrested of the cause for arrest. The courts have also emphasized that the power to arrest is strictly limited to offences recognized by law.
Despite the legal provisions, there have been frequent instances of arrests without a warrant. Some argue that the police have the discretion to arrest with or without a warrant, but this discretion is limited by Article 296(a) and (b) of the Constitution 1992 of Ghana, which mandates them to act fairly and candidly without being arbitrary, capricious, or biased. The courts have also made it clear that arresting a person without a warrant is wrong if the reason for the arrest does not constitute a criminal offence.
In cases where a police officer seeks to use arrest to procure the attendance of a suspect or person in a matter under investigation, they need to do so with the use of a warrant, unless the offence was committed in the presence of the officer or the officer has reasonable grounds to suspect that an offence has been committed. A police officer can invite a person of interest to appear before them to assist in investigations, and if the invitation is not honoured, the reasonable remedy available to the officer is to apply to a court of competent jurisdiction for an arrest warrant to be issued.
The increasing trend of unjustified arrests by state actors in Ghana has significant implications for citizens' rights and the rule of law. It is essential for persons with the power to arrest to refrain from abusing their power and to adhere to the legal protocols governing arrests. The courts, law enforcement agencies, and citizens must work together to ensure that the power to arrest is exercised in a responsible and lawful manner.
Key points
- The Ghanaian courts have established that a police officer effecting an arrest without a warrant must have reasonable grounds for suspicion at the actual time of arrest.
- The power to arrest is strictly limited to offences recognized by law.
- Article 296(a) and (b) of the Constitution 1992 of Ghana mandates police officers to act fairly and candidly without being arbitrary, capricious, or biased.
