Legal practitioner, researcher, and author Daniel Korang has stated that a person has the right to resist an arrest if it is carried out unlawfully.
Speaking on JoyNews’ The Law, he explained that while the law grants powers of arrest to police officers, these powers must be exercised within the boundaries set by law.
“An arrest must follow due process. The law requires that an arresting officer informs the suspect, in a language they understand, of the reason for the arrest. If this fundamental step is skipped, the arrest is unlawful.”
“So when a person is exercising the power of arrest, that person must ensure that he exercises the power of arrest within the constraints or the confines of the law. Now, a person has the power or the right to resist arrest if that arrest is unlawful,” he stated.
He elaborated that arrest under Ghanaian law typically involves either a verbal notification followed by voluntary submission or physical touch if the suspect does not comply. However, if the procedures prescribed by law are not followed—such as failing to explain the charges or using excessive force—then the arrest is not just improper but illegal.
Mr Korang further clarified what constitutes an unlawful arrest. “It is not about whether the person believes they are innocent or the allegations are untrue. It is about whether the correct legal process was followed in effecting the arrest,” he said.
In such cases, he asserted, the law allows the individual to take reasonable steps to resist the arrest.
Additionally, he pointed out that the use of undue force by an arresting officer renders the arrest illegal. “When force becomes brutality, the arrest shifts from legal enforcement to personal abuse,” he said.
In such cases, he maintained, citizens are within their rights to take reasonable steps to resist being unlawfully arrested or detained.
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