By Emmanuel Edem Akomea
Many people in Ghana don’t know what to do when they are stopped by the police. Some freeze. Some panic. Others obey everything out of fear, even when their rights are being trampled upon.
But here’s the truth: Knowing your rights doesn’t make you disrespectful. It makes you protected.
This is a simple, practical, and Ghanaian-style guide to what the law says about police stops and arrests.
WHAT GIVES THE POLICE POWER TO STOP OR ARREST YOU?
The police get their authority from the 1992 Constitution, the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), and the Police Service Act, 1970 (Act 350).
So yes, they are legally allowed to stop or arrest you, but only under specific legal grounds.
Police can stop you:
✓ If they have reasonable suspicion that you have committed or are about to commit a crime.
✓ If they are conducting routine checks (e.g. roadblocks APPROVED BY THEIR SUPERIORS).
Police cannot:
✓ Randomly arrest you without lawful grounds.
✓ Detain you because they don’t “like your face” or because “you were rude.”
IF POLICE STOP YOU ON THE ROAD OR IN TOWN… WHAT SHOULD YOU DO?
Stay calm. Don’t argue or act defensive. But also, don’t stay ignorant.
DO:
✓ Ask politely: “Officer, may I know why I’m being stopped?”
✓ Cooperate, but observe their actions.
✓ If you’re driving, show your license and car documents when asked.
DON’T:
✓ Never try to bribe.
✓ Never insult the officer.
✓ Never resist physically, even if they are wrong. You can fight it legally later.
Legal Authority: Article 14 of the Constitution, your liberty is protected unless arrested “in accordance with law.”
IF THEY TRY TO SEARCH YOU OR YOUR CAR, IS IT ALLOWED?
Yes, but only under the law.
Police can search:
✓ You, your bag, or vehicle with your consent OR Without your consent, only if they have reasonable suspicion and in certain urgent situations (e.g. weapon or drugs search).
However:
✓ Searches of your home require a search warrant, except in hot pursuit or emergency situations.
Backed by:
Section 88-93 of Act 30
Article 18(2) – Right to privacy
ASK: “Officer, am I being searched under a warrant or reasonable suspicion?”
WHAT HAPPENS IF YOU ARE ARRESTED?
Stay calm. Don’t resist. But know your rights clearly.
Your Basic Rights on Arrest:
✓ To be told why you are being arrested in a language you understand.
✓ Not to be beaten or manhandled.
✓ To remain silent, you’re not required to speak until your lawyer is present.
✓ To contact a lawyer or family member immediately.
✓ To be taken to court within 48 hours (maximum).
Backed by:
Article 14(2) & (3) Right to liberty and due process
Section 6 of Act 30
Always ask: “Am I under arrest? What offence am I being arrested for?”
IF THEY TRY TO DELAY OR DENY YOU BAIL…
Know this: Bail is a right, not a favour. Unless you’re accused of a serious offence like murder, treason, or robbery, you should be granted bail. And even currently, all offenses are bailable in Ghana unless otherwise indicated.
Legal Rule:
Bail should not be refused just because you can’t pay.
Bail is to ensure you come to court, not to punish you before trial.
Backed by:
Article 14(4) of the Constitution
Supreme Court decision in Martin Kpebu v AG, Bail is not automatic, but must not be unreasonably denied.
WHAT IF POLICE ABUSE YOU?
If police beat you, extort money, or detain you unlawfully, you have the right to seek justice.
You can:
✓ Report to the Police Professional Standards Bureau (PPSB).
✓ File a complaint with CHRAJ or Legal Aid.
✓ Sue in the High Court for violation of your constitutional rights (via human rights action under Article 33).
Your silence can’t protect you. Speaking up lawfully, can.
WHAT IF YOU WITNESS POLICE ABUSING SOMEONE ELSE?
Record the incident (if safe), note the officer’s name or badge, and help the person get legal support. Don’t interfere physically, but don’t walk away if you can help document the injustice.
Ghana needs civic-minded citizens who protect not just themselves, but others too.
Final Word: Respect the Uniform, But Know the Law
The Ghana Police Service is a vital part of national order. But even the uniform must operate under the Constitution. Don’t fight the police, but don’t surrender your rights either.
Educate yourself. Stay calm. Know your rights. Demand dignity.
“Freedom and Justice” is not just on our Coat of Arms, it’s a promise the law makes to you.
Let’s Talk:
Have you ever been stopped unfairly or treated well by police? What did you do? What would you do differently now?
Drop your thoughts in the comments. Someone may learn from your story.
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