Private legal practitioner, Martin Kpebu, has emphasized the need for the Ghana Police Service and law enforcement agencies in the country to walk with body cameras.
He highlighted the urgent need for security institutions to make their operatives transparent through body cameras especially when operating in a case involving government officials.
Speaking on the matter concerning the recent raid of the former Bank of Ghana Governor Dr. Ernest Addison’s home by the National Security, Kpebu raised concerns about the execution of a such search.
“It brings to the fore the urgent need for our police and other law enforcement institutions to use what they can. Let’s have body cameras so that everything that is happening will be videoed.”
“Our first challenge is that we don’t have a full clip. We don’t have a clip of how the search was conducted. So all we can say at this stage is that, well the technical intelligence says that there was a warrant.”
Martin Kpebu Private Legal Practioner
According to Kpebu, there is also a need for the insurance of a search warrant before any security operations, such that the presence of a search warrant would play a crucial factor, because it aligns with Section 34 of the Securities and Intelligence Agencies Act. However, without documented footage or step-by-step details of the search, it remains unclear whether due process was followed.
Kpebu pointed out that the Ghana Police Service has a set of clear guidelines for conducting searches, as outlined in Service Instruction Number 191.
‘’When it comes to national security, we have Act 1030—the Securities and Intelligence Agencies Act. Then there is also another law, the Signals Bureau, Act 1040. But we don’t have details of how these warrants are executed.”
Martin Kpebu Private Legal Practioner
This lack of standardization, according to Kpebu, makes it difficult to assess the legality of searches conducted by national security personnel.
Seizure of CCTV Equipment Justified?
One major concern raised was the reported seizure of CCTV equipment during the search. Kpebu noted that, under normal legal procedures, a search warrant must specify the items that security officers are authorized to seize.
Kpebu suggested that if the CCTV equipment was not explicitly listed on the warrant, then its seizure could be legally questionable.
Moreover, when asked about the ORAL Committee’s report and whether there was any link between the former Bank of Ghana (BoG) governor and the investigations, Kpebu declined to comment due to lack of clearance.
“Unfortunately, we’ve not been given clearance to specifically talk about the ORAL Committee report in public. We’ll pursue it and I’m sure in good time, the clearance will be given.”
Martin Kpebu Private Legal Practioner
He further compared this situation to President John Mahama’s first term, when he authorized the release of the GIDA report.
“President Mahama, in his first regime, gave clearance for the GYEDA report to be released. If I compare the GYEDA report, which hurt him far more, to the ORAL report—the ORAL report doesn’t hurt him, so I don’t see how it will not be released.”
Martin Kpebu Private Legal Practioner
Another issue that emerged was an allegation by Minority Leader Alexander Afenyo-Markin that an amount of GHS 10,000 of Dr. Addison and his Wife’s Jewelry went missing immediately after the search. Afenyo-Markin suggested that national security operatives have taken these missing items.
“Now, that is Afenyo Markins claims. So now we are at the stage of ‘he says, she says.’ The best thing is for the authorities to investigate. When they investigate, then we’ll get to the bottom of the matter.”
Martin Kpebu Private Legal Practioner
This, he emphasized, is crucial in ensuring credibility in law enforcement activities. Martin Kpebu has also called for greater transparency and accountability in how national security searches are conducted.
His comments highlight the broader issue of due process and human rights in Ghana’s security operations.
As the controversy unfolds, Kpebu’s call for law enforcement agencies as well as the police to walk with body cameras and the release of the ORAL report remains a significant step in ensuring adequate checking-based investigative mechanisms in Ghana’s security system.
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