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OSP says security agencies can arrest without a warrant
OSP says security agencies can arrest without a warrant
By: Abigail | 3 mins read
Director of Strategy, Research, and Communication at the Office of the Special Prosecutor (OSP), Samuel Appiah Darko, who serves as the D, has clarified that security agencies in Ghana are legally allowed to arrest and search individuals without needing a court warrant.
He made this statement during an interview on JoyNews' The Law on Sunday, April 13, in response to ongoing public misunderstanding about the legal process surrounding arrests and searches.
Mr. Darko explained that under Ghanaian law, institutions such as the OSP, the Economic and Organised Crime Office (EOCO), and the Ghana Police Service can perform arrests and conduct searches without a warrant, provided certain legal conditions are met.
“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,” he said.
Mr. Darko stressed that these powers are not unlimited or used at random. Instead, they are clearly defined by existing legal frameworks.
“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 continued, “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), outlines when arrests without a warrant are allowed — such as when someone is caught committing a crime or when there is reasonable suspicion that a person is involved in a criminal act.
His comments come a few days after the attempted arrest of the Assin South Member of Parliament (MP), Reverend John Ntim by operatives of the National Intelligence Bureau (NIB) at his residence on April 9.
The attempted arrest of Reverend John Ntim Fordjour, MP for Assin South, was linked to allegations he made about two suspicious flights that landed at Kotoka International Airport in March 2025. He claimed these flights—an air ambulance and a private jet—might have been involved in drug trafficking or money laundering.
The arrest was called off following the Majority leader Afenyo-Markin’s intervention according to National Coordinator for the District Road Improvement Programme (DRIP) Nii Lantey Vanderpuye.
The Minority and some of its supporters thronged the house of the MP to avert the arrest labelling it as unlawful and politically motivated. They argued that the National Intelligence Bureau (NIB) lacked a warrant for the arrest, which they viewed as an attack on parliamentary oversight and an attempt to suppress voices raising concerns about national security.
Consequently, they petitioned Speaker Alban Bagbin to act swiftly to uphold constitutional provisions and parliamentary protocols.
The Ghanaian Constitution grants MPs certain legal protections, necessitating the Speaker’s approval before they can be engaged on specific matters.
A little over a week ago, Speaker Alban Bagbin gave the green light for two Members of Parliament (MP)—Mustapha Yussif, MP for Yagaba Kubori, and Kwame Asare Obeng (A-Plus), MP for Gomoa Central—to engage with officials from the National Intelligence Bureau (NIB) as part of an ongoing investigation.
A statement signed by the Clerk to Parliament, Ebenezer Ahumah Djietror, outlined that while the Speaker has permitted the interaction, strict conditions have been set to uphold parliamentary privileges.
