“NIB violated procedure in attempted arrest of Rev. Ntim Fordjour” – Associate Professor of Law

Associate Professor of Law at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has weighed in on the controversial attempted arrest of Assin South MP, Reverend John Ntim Fordjour.

According to him, the National Intelligence Bureau (NIB) acted outside the law by not securing an arrest warrant before storming the MP’s residence.

Speaking  on Joy News’ PM Express, the Associate Professor of Law at the University of Ghana, disclosed that unless specific legal exceptions apply, law enforcement agencies are required to obtain a warrant before arresting a citizen whether the person is a Member of Parliament or not

“Well, we have to look at it from the angle of whether if Ntim Fordjour is an ordinary person or whether as a member of parliament, as an ordinary person, arrest warrant may not be needed where, for example, the crime is being committed in what we say, In flagrante delicto, that is in the act of committing the offense, so these situations where you don’t need a warrant, there are other examples or other situations which are spelled out in the Criminal Procedure Act. What happened did not fall into that category and so in that situation, an arrest warrant was definitely needed.” He stated.

Prof. Kwadwo Appiagyei-Atua also raised legal and ethical concerns about reports that some of the NIB operatives involved in the attempted arrest were masked, an act he said undermines the legitimacy of any such operation.

“I understand some of the security personnel that went to execute the arrest warrant were masked. The law is clear that if you are masked, we cannot know your identity, therefore you cannot effect arrest, and the person you going to arrest can even cause you harm as a way of in a self-defensive manner.” He disclosed

He further explained that, even if Rev. Ntim Fordjour were to be treated as an ordinary citizen, the NIB’s actions would still fall outside the bounds of legal procedure.

“On the score, even as an ordinary person. I don’t think what the security personnel saw to do was in line with the law.” He stated.

Source: Elvisanokyenews.net