Ghana’s security agencies must remain loyal to the Constitution rather than political authority when handling cases involving speech and dissent, a lawyer has cautioned.
Charles Owusu Juanah said the police and other state institutions risk legal and professional consequences if they act outside constitutional limits in arresting citizens.
“Their allegiance is to the Constitution… not to any political authority,” he said on the Asaase Breakfast Show.
Juanah warned that some arrests may be driven by executive pressure rather than legal necessity, raising concerns about abuse of power.
“If a political person gives you an instruction to arrest somebody, you must assess whether it conforms to the law,” he said.
He emphasised that Ghana’s legal framework allows police to detain suspects for up to 48 hours, but said this provision should not be exploited to justify arbitrary arrests.
“If there is no basis… the person can sue the police for wrongful detention,” he noted.
According to him, such actions could expose the state to financial liabilities and undermine public trust in law enforcement institutions.
Juanah also warned of long-term risks to officers who comply with unlawful directives, noting that political administrations change and accountability may follow.
“Today it is one government; tomorrow it will be another… they may come after you,” he said.
Beyond institutional concerns, he described the broader implications for Ghana’s democracy as “dangerous,” warning that suppressing dissent could provoke public backlash.
“The moment it starts, you nip it in the bud,” he said, referencing past periods of political repression.
Juanah urged restraint and professionalism, calling on security agencies to “stay in the middle” and act strictly within legal boundaries.
He concluded with an appeal to political leaders to protect Ghana’s reputation as a stable democracy where citizens can freely express their views.
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