A leading constitutional law scholar and senior fellow of the Ghana Centre for Democratic Development (CDD-Ghana) has issued a stern warning to the National Intelligence Bureau, urging the agency to refrain from what he described as arbitrary arrests that threaten constitutional governance.
In an open letter that has gained wide public attention, Professor Stephen Kwaku Asare, popularly known as GOGO and affiliated with CDD-Ghana, cautioned that arresting citizens for making allegations without immediately naming suspects undermines the rule of law and weakens public trust in state institutions.
The intervention comes at a time of heightened public scrutiny of the NIB following the arrest and detention of Kofi Ofosu Nkansah, a former chief executive of the National Entrepreneurship and Innovation Programme and a member of the opposition New Patriotic Party.
Mr Ofosu Nkansah had publicly alleged that scholarships were sold through extortion and bribery during the previous administration. His arrest triggered a wave of criticism from civil society organisations, legal commentators, and social media activists, many of whom have called for his immediate release.
Professor Asare’s letter, addressed directly to officers of the NIB, framed the issue as one with far-reaching implications beyond a single case. He warned that suggestions circulating in public discourse that a citizen could be arrested merely for alleging wrongdoing risk eroding constitutional safeguards that protect personal liberty.
Constitutional Limits on Arrest Powers
At the heart of Professor Asare’s argument is Article 14 of Ghana’s 1992 Constitution, which governs the protection of personal liberty. He emphasised that the Constitution permits arrest only on reasonable suspicion of a criminal offence and not as a response to public pressure or curiosity.
“Refusing to publicly name individuals is not, in itself, a criminal offence. If law enforcement believes a person has relevant information, the law provides lawful tools.”
CDD-Ghana Fellow and legal scholar, Professor Stephen Kwaku Asare
These include inviting a person for questioning, taking a formal statement, issuing a lawful summons, seeking a court order, or compelling testimony through established due process. Arrest, he stressed, is not among the first tools to be deployed in such circumstances.
Professor Asare warned that allowing refusal to name alleged offenders to become grounds for arrest would expose anti-corruption advocates and whistleblowers to undue risk.
In his view, such a precedent would transform law enforcement from a protector of rights into an instrument of coercion. He cautioned that this would amount to intimidation rather than justice, undermining efforts to encourage citizens to speak out against corruption.
Lessons from Ghana’s Political History
Drawing on Ghana’s political past, Professor Asare reminded the NIB of the dangers of investigative excess. He recalled the Rumour Decree introduced during the National Redemption Council era, which empowered military authorities to arrest citizens for alleged rumour mongering.
That decree, he noted, was used to silence allegations of corruption and chill speech rather than strengthen the state. According to him, history shows that such approaches weaken institutions and deepen public suspicion.
He argued that Ghana’s democratic journey, shaped by experiences under colonial rule, one-party dominance, military regimes, and constitutional governance, has reinforced a consistent public rejection of the abuse of police power.
Citizens, he wrote, are never intimidated for long by the misuse of state authority. Professor Asare also reflected on his engagement with issues of criminal justice and investigative overreach.
He cited his experience writing the foreword to a book by retired Assistant Commissioner of Police Benjamin Agordzo, which chronicles the human cost of premature coercive action and procedural imbalance within the justice system.
“That reflection reinforces a simple truth: intelligence must precede arrest. Evidence must precede deprivation of liberty. History teaches a clear lesson: arbitrary arrests do not protect institutions. They erode them.”
CDD-Ghana Fellow and legal scholar, Professor Stephen Kwaku Asare
Call for Intelligence Led Investigations
The legal scholar stressed that if allegations of scholarship sales are true, the appropriate response is a thorough and professional investigation rather than the arrest of those making the claims.
He outlined investigative steps such as tracing financial transactions, reviewing scholarship award processes, conducting forensic audits, interviewing beneficiaries, and following evidence wherever it leads.
According to Professor Asare, arresting those who raise allegations cannot substitute for proper investigation. He reminded the NIB that its core mandate is intelligence gathering and analysis, not public spectacle.
Effective intelligence work, he argued, requires disciplined and behind the scenes efforts that build credible evidence before any enforcement action is taken. He cautioned the agency against entering the public square as an actor in political theatre.
In his words, intelligence services are strongest when they operate with quiet professionalism rather than visible displays of power. Article 14 of the Constitution, he said, grants law enforcement significant authority, but that authority is a trust that must be exercised to uphold justice rather than to demonstrate dominance.
Political Context and Public Reaction
Professor Asare’s intervention follows President John Dramani Mahama’s directive to the NIB to investigate allegations surrounding the Ghana Scholarship Secretariat and submit a report.
While the President’s order has been framed as an effort to ensure accountability, the arrest of Mr Ofosu Nkansah has raised concerns about the methods being employed in the investigation.
This episode does not mark the first time the NIB has faced sustained public criticism over its operational conduct. Civil society organisations and prominent activists have long questioned what they describe as high-handedness, warning that such actions risk undermining confidence in national security institutions at a time when public trust is already fragile.
Professor Asare concluded his letter with a reminder that liberty is not a favour granted by the state but a constitutional guarantee. He urged the NIB to exercise restraint and fidelity to due process, warning that casually threatening liberty because someone spoke sets a dangerous precedent for democratic governance.
As public debate continues, his remarks have added a strong legal and institutional voice from CDD-Ghana to calls for intelligence-led policing that respects constitutional boundaries.
The unfolding situation now places the spotlight on how Ghana balances national security, accountability, and the protection of fundamental rights in a democratic society.
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