The Former Director of Legal Affairs for NDC, Abraham Amaliba has argued that state agencies should be held accountable for actions taken during investigations and enforcement processes instead of political parties. He stated that institutions responsible for law enforcement must take responsibility for their conduct since political parties do not have the legal authority to arrest individuals or conduct interrogations.
Mr Amaliba explained that security institutions have the mandate to investigate alleged offences, however their actions must be guided by constitutional principles. The Former Legal Affairs Director said public officials within these agencies must exercise their authority fairly and ensure that citizens receive protection under the law.
According to him, political parties do not have the legal authority to arrest individuals or conduct interrogations, making state institutions responsible for their own actions. He added that accountability should focus on the officials who exercise these powers and ensure that their conduct meets democratic standards.
“Political parties do not arrest people. They do not have the power to interrogate people. It is the state security agencies that must answer for their actions.”
Abraham Amaliba
Furthermore, Mr Amaliba stated that government responsibility would only arise if there was evidence that political leaders directly instructed security agencies to disregard legal procedures. He explained that officials within these institutions should be able to account for their decisions without shifting responsibility to political actors.
The Former Legal Affairs Director noted that security bodies have a duty to protect the constitutional rights of persons involved in investigations. He said the authority granted to these institutions comes with an obligation to respect due process and maintain public confidence.
Addressing recent debates surrounding arrests and investigations involving opposition figures, Mr Amaliba argued that criticisms should centre on institutional conduct. He stressed that the actions of security agencies must be examined through the requirements established by the Constitution.
Moreover, Mr Amaliba urged security agencies to demonstrate professionalism in carrying out their responsibilities. He said maintaining public trust requires institutions to show commitment to constitutional values and lawful procedures.
Security Bodies Urged To Reform Practices And Respect Rights
The Former Director of Legal Affairs for NDC called for reforms within state security institutions to strengthen democratic practices and protect citizens’ legal rights. Mr Amaliba argued that security agencies must move away from practices that undermine constitutional protections.
He explained that Ghana’s democratic journey requires institutions to learn from past experiences and improve the way they handle investigations and arrests. The Former Legal Affairs Director said constitutional governance must remain the foundation guiding all security operations.
Discussing the role of governments in security matters, Mr Amaliba stated that there should be a distinction between direct political interference and actions carried out independently by state institutions. He referred to previous situations where allegations of executive involvement were supported by specific evidence.
According to him, situations involving clear instructions from political authorities differ from cases where security agencies independently fail to follow constitutional requirements. He mentioned a previous matter involving an audio recording and statements from former Attorney General Dame, where allegations of executive pressure were publicly discussed.
“Let us draw a line between interference from a president and what we are seeing when state agencies fail to respect the Constitution.”
Abraham Amaliba
Additionally, Mr Amaliba referred to his experience while serving under a previous administration, where he said similar difficulties occurred when legal representatives attempted to access individuals connected to investigations. He argued that such challenges show the need for institutional reforms beyond political party differences.
Mr Amaliba added that security institutions must become fully aligned with democratic standards to prevent repeated disputes over citizens’ rights. He noted that access to legal representation remains an essential part of constitutional protection during investigations.
He argued that EOCO’s actions should be assessed based on compliance with legal procedures. The Former Legal Affairs Director said institutions must accept responsibility for their conduct and ensure that investigative powers are not used beyond their lawful purpose.
Moreover, he stated that previous experiences under different political administrations demonstrate the need for a permanent solution. Mr Amaliba emphasised that constitutional protections should apply to every citizen regardless of political affiliation or the government in office.
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