Audio By Carbonatix
Private legal practitioner Martin Kpebu has stated that former Finance Minister Ken Ofori-Atta’s lawsuit against senior police officers over an alleged unlawful search of his home will amplify demands for a review of Ghana’s outdated search and seizure laws.
Mr Ofori-Atta’s suit, filed at the High Court, accuses DSP Bismark Boakye Ansah and Chief Inspector Mensah of violating his right to privacy by unlawfully entering his Cantonments home on February 11, 2025.
According to the writ, the operation involved approximately 12 individuals, including five in military uniforms, one police officer, and others in plain clothes.
Speaking in an interview on Joy FM's Newsnight on Wednesday, March 12, Mr Kpebu highlighted Section 94 of the Criminal Procedure Code (Act 30), which permits a police officer of at least Assistant Superintendent rank—or a lower-ranking officer with written authorisation—to enter and search a property without a warrant if there is reasonable cause to believe stolen or dishonestly acquired property is present.
“Unfortunately, we have an old law that allows police to conduct such a search. It's not desirable at all. We are talking about Section 94, so this case that Ofori-Atta has filed is going to bring this law into focus, and perhaps it will increase the calls for the review of the law," he said.
Mr Kpebu noted that while the lawsuit describes nine military officers’ involvement in the raid, the legal action is solely against the two police officers, not the military personnel. He acknowledged the complexity of taking legal action against military officers, stating, “When it comes to the military, that area is very slippery. The situation is even worse under the Security and Intelligence Agencies Act.”
He further criticised the state of Ghana’s legal system, emphasising that for decades, lawyers and judges have voiced concerns over the archaic nature of Act 30. “I graduated from law school nearly two decades ago, and this law was already seen as outdated. Yet, it remains unchanged. Even judges ask us in court why we haven’t done anything about it.”
Latest Stories
-
Wontumi knew he would be convicted – Appiah-Kubi
7 minutes -
GIMPA graduates tasks to master modern digital tools to be competitive
12 minutes -
Court issues bench warrant for man accused of threatening EOCO staff
15 minutes -
Vice President Opoku-Agyemang engages Ghanaians in Maryland, United States
19 minutes -
UG graduates urged to uphold integrity, excellence
21 minutes -
Gabonese President to begin three-day official visit to Ghana on July 28
24 minutes -
Accra-Tema residents advocate stricter enforcement of sanitation laws
24 minutes -
Financing key to unlocking Africa’s energy potential – John Jinapor
26 minutes -
Opoku-Agyemang delivers keynote address at Sister Cities International 70th anniversary
30 minutes -
Government urged to establish community autism units
36 minutes -
Mahama leads Ghanaians to mark 14th Anniversary of Prof Mills’ passing
38 minutes -
Police urge peaceful Homowo celebration, warn against violence
51 minutes -
NDC insists government appointees must resign before contesting party executive elections
1 hour -
Suspected yam thief shot dead; farmer arrested in Oti Region
1 hour -
Leila Djansi questions NFA’s appeal for Film Fund donations
9 hours