The Director of the Strategy, Research, and Communication Division at the Office of the Special Prosecutor (OSP), Samuel Appiah Darko, has clarified that law enforcement agencies in Ghana are legally empowered to arrest and search with or without a court warrant.
Speaking on JoyNews’ The Law on Sunday, April 13, Darko asserted, “I will say that it is wrong, and it’s even unlawful to say that [law enforcement agencies must always obtain warrants], because law enforcement agencies like the Office of the Special Prosecutor, EOCO, and the Ghana Police have the power to arrest with a warrant and without a warrant.
The same thing also goes for searches – they have the power to search with a warrant or without a warrant.”
Darko emphasized that these powers are clearly outlined in Ghanaian law and are not arbitrary. He explained, “What this means is that there are circumstances under which we do not need a warrant from a court to be able to enter into your premises.”
He referred to Section 10 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), which outlines the specific situations in which law enforcement officers can arrest a person without a warrant.
These include circumstances where a suspect is caught committing an offence or when there is reasonable suspicion of criminal activity.
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