OSP Can Arrest Without Warrant

The Office of the Special Prosecutor (OSP) has stated that it has the authority to effect the arrest of a person deemed relevant in its investigations without a warrant from a court.

This comes in the wake of the Accra High Court’s interim injunction restraining it from executing an arrest warrant against Charles Bissue, the former Secretary of the defunct Inter-Ministerial Committee on Illegal Mining (IMCIM).

In a public statement, the Office clarified that the constitution provides for the arrest of suspects involved in corruption or corruption-related offenses.

“The general public is advised, that in the exercise of its police powers, the Office of the Special Prosecutor can arrest without a warrant, any person it reasonably suspects of having committed corruption or corruption-related offences,” the post read.

PUBLIC NOTICE

The general public is advised, that in exercise of its police powers, the Office of the Special Prosecutor can arrest without a warrant, any person it reasonably suspects of having committed corruption or corruption-related offences. pic.twitter.com/Qjjmbjl8cU

— Office of the Special Prosecutor-Ghana (@ospghana) June 15, 2023

Background:

The OSP declared Mr. Bissue wanted on June 13 after he failed to honour an invitation to assist in investigations related to the IMCIM’s handling of excavators, machinery, road vehicles, gold nuggets, and the alleged use of public office for profit.

Subsequently, Mr. Bissue’s lawyer applied for an injunction against the OSP, which also seeks to prevent the OSP from obtaining further arrest warrants and publishing notices declaring the applicant wanted pending the determination of the substantive matter.