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 are legally empowered to arrest and search with or without a court warrant.
Speaking on JoyNews’ The Law on Sunday, April 13, the Director stated, “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.”
The Director further emphasised that these powers are not arbitrary but are clearly outlined in Ghanaian law.
“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 explained.
He added, “And those circumstances are provided for by law. If you go to section 10 of Act 30, you will find the circumstances under which you may be arrested without a warrant.”
Section 10 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) details the specific situations in which law enforcement officers can legally arrest a person without seeking prior approval from the courts, including instances where a suspect is caught committing an offence or when there is reasonable suspicion of criminal activity.
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