In a week marked by heated discussion over a police arrest that may have been unlawful, legal scholar Thaddeus Sory has outlined the statutory and constitutional framework that governs police arrests in Ghana.
Section 10(2) of Act 30 allows a police officer to arrest without a warrant any person suspected on reasonable grounds of having committed an offence. The law requires that an arrest be effected by touching or confining the person’s body, and that the force used be minimal unless more is truly needed. Sory notes that if a person submits to the arrest by words or conduct, no touching or confinement is required.
When an officer exceeds these limits, the act may constitute assault by imprisonment. The landmark 1972 case of Asante v The Republic illustrates this principle. In that case, a suspect resisted an officer’s invitation to the station, and the officer seized the suspect’s vehicle key, leading to a struggle that injured the officer. The High Court held that the officer’s action was an unlawful assault, and that the suspect was entitled to force the officer to release him.
Sory stresses that all public officials, including police, must observe the right to administrative justice enshrined in Article 23 of the 1992 Constitution. This duty requires that state power be exercised reasonably and proportionately. The Police Service Instructions echo this, stating that arrests should only be made to prevent a breach of the peace, to stop a suspect from fleeing, to prevent further offences, or for the immediate investigation of an offence.
In the current case, the key questions are whether the arrest was lawful under the Asante rule, whether the use of force was reasonable, and whether it was proportionate given the suspect’s willingness to cooperate. Sory concludes that any deviation from the lawful process constitutes impunity and must be condemned.
Lawyers, police officers, and citizens alike are urged to adhere strictly to these legal standards to safeguard individual liberties and maintain public trust in law enforcement.
