Ofori-Atta’s lawsuit would increase calls for review of outdated search laws – Kpebu


 

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against senior police officers over an alleged unlawful search of his home will amplify demands for a review of Ghana’s outdated search and seizure laws.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.

Read also: Ken Ofori-Atta sues National Security operatives for ‘trespassing’ on his home

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 “I graduated from law school nearly two decades ago, and this law was already seen as outdated.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.”



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