A person has the power to resist an unlawful arrest - Daniel Korang

Legal practitioner, researcher, and author Daniel Korang discussed the right to resist unlawful arrests.

He spoke on JoyNews’ The Law. Korang explained that police officers have arrest powers. However, these powers must follow legal boundaries.

“An arrest must follow due process,” he stated. Officers must inform suspects of the reason for their arrest. This explanation should be in a language the suspect understands. If this step is skipped, the arrest is unlawful.

Korang emphasized that those making an arrest must act within the law. A person can resist if the arrest is unlawful.

In Ghana, an arrest usually involves a verbal notification or physical touch if necessary. If officers fail to explain charges or use excessive force, the arrest becomes illegal.

Mr. Korang clarified what makes an arrest unlawful. It does not depend on whether someone believes they are innocent. It depends on whether proper legal procedures were followed during the arrest.

In such situations, individuals can take reasonable steps to resist an unlawful arrest.

He also noted that using excessive force makes an arrest illegal. “When force becomes brutality, it shifts from legal enforcement to personal abuse,” he said.

Citizens have the right to resist unlawful arrests or detentions in these cases.