Man sues police over arrest - Adomonline.com

The head of the Huahi Royal Family of Boadi in the Ashanti Region has filed a suit against the Inspector-General of Police (IGP) over his unlawful arrest by officers of the Ghana Police Service.

In his application to endorse his fundamental human rights at the Human Rights Division of the High Court in Accra, the plaintiff, Kwabena Badu, alleged that upon his unlawful arrest, the police officers at the Manhyia Palace Police Station refused to take his caution statement or interrogate him.

“In my case, following my arrest on 18th November, 2021, the police failed, neglected or refused to caution or charge me for any offence but rather subjected me to torture, physical assault and humiliation on my personality and dignity.

“That I am advised by counsel and I respectfully concur with the advice that the police has no right, power or authority to arrest, restrict or detain a suspect without officially cautioning or charging him, and that any such arrest, restriction or detention contrary to the rules and procedures enshrined in the Constitution amounts to flagrant disregard for the Constitution and a breach of the constitutionally guaranteed rights of the suspect,” the plaintiff stated in his application.

It is the case of the plaintiff that by this act, the police officers violated his right to personal liberty, human dignity, right against unlawful arrest, detention or restriction and torture, as well as right to administrative fairness.

Mr Badu is asking the court to declare as unconstitutional his arrest, adding that the police violated his fundamental human rights guaranteed under the 1992 Constitution

He is also asking for an order perpetually restraining the respondents, particularly all police officers involved in the misconduct under the authority of the respondent, from unlawfully arresting, restricting and/or detaining him ever again.