Private legal practitioner Martin Kpebu has stated that the recent arrest of 15 commercial drivers by the Ghana Private Road Transport Union (GPRTU) has no legal foundation.
He insisted that failure to belong to a transport union does not constitute a criminal offence under Ghanaian law.
Speaking on Joy FM’s Top Story while offering legal insight into the arrests, Mr Kpebu said the power to arrest is strictly governed by law and can only be exercised where a clearly defined offence exists.
“Not belonging to a union is not a crime. When you want to arrest somebody, there must be an offence, and that offence must have been written down in law and approved by Parliament. If it has not been written in law, then it is not an offence,” he said.
His comments come in the wake of the arrest of 15 drivers in Ablekuma, Accra, by the GPRTU task force for allegedly charging unapproved fares and operating outside union structures.
Mr Kpebu explained that even if transport operators are encouraged or required by regulation to belong to a recognised union, such a requirement does not automatically translate into criminal liability.
“Saying that you should belong to a union is different from saying that if you don’t belong to a union, you have committed a criminal offence. The two are completely separate,” he said.
He cited Article 19 of the 1992 Constitution, which guarantees fair trial and due process, and emphasised that arresting a person without a lawful basis violates fundamental rights.
“When you arrest someone without an offence known to law, you are acting outside the Constitution,” he noted.
To illustrate his point, the lawyer drew a comparison with marital disputes, explaining that not every wrongdoing is criminal in nature.
“If a spouse cheats, it is reprehensible and may be grounds for divorce, but it is not a criminal offence that you can take to the police. In the same way, not belonging to a union cannot be treated as a crime,” he said.
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