Ofori-Atta's lawsuit renews calls to review outdated search laws-Kpebu
Ofori-Atta filed a suit at the High Court, accusing DSP Bismark Boakye Ansah and Chief Inspector Mensah of violating his right to privacy by forcibly entering his residence in Cantonments on February 11, 2025.
Former Finance Minister Ken Ofori-Atta’s legal action against two senior police officers over an alleged unlawful search of his home has reignited debate on Ghana’s outdated search and seizure laws.
Ofori-Atta filed a suit at the High Court, accusing DSP Bismark Boakye Ansah and Chief Inspector Mensah of violating his right to privacy by forcibly entering his residence in Cantonments on February 11, 2025.
The lawsuit details that the operation involved around 12 individuals, including five in military uniforms, a police officer, and several plain-clothed personnel.
Legal practitioner Martin Kpebu, speaking on Joy FM’s Newsnight, stressed that the case could bring renewed scrutiny to Section 94 of the Criminal Procedure Code (Act 30). The law currently allows police officers of at least Assistant Superintendent rank—or junior officers with written approval—to conduct searches without a warrant if they suspect stolen or dishonestly acquired property is present.
Despite allegations that military personnel participated in the operation, Ofori-Atta’s lawsuit only targets the two police officers. Kpebu acknowledged the challenges of holding military officers legally accountable.
He also criticized Ghana’s sluggish legal reforms, lamenting that Act 30 has remained unchanged for decades despite widespread concerns from lawyers and judges.
Ofori-Atta’s lawsuit is expected to intensify pressure on lawmakers to review and modernize Ghana’s search and seizure regulations, ensuring a balance between law enforcement powers and citizens' constitutional rights.
