Police invitation alone does not justify arrest, Sosu argues

Madina MP Francis-Xavier Sosu has challenged the Economic and Organised Crime Office (EOCO) over its attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah, arguing that a person’s failure to honour an investigative invitation does not, by itself, justify an arrest. 

Sosu said citizens are not legally obliged to comply with every request to appear before an investigative body. His comments have renewed debate over the difference between an invitation to assist an investigation and the legal grounds required to arrest someone. 

An arrest does not always require a bench warrant. Section 10 of Ghana’s Criminal and Other Offences (Procedure) Act allows police to arrest without a warrant in specified circumstances, including where an officer reasonably suspects a person of having committed an offence. The question in any particular case is whether the arrest has a lawful basis; an unanswered invitation alone does not establish one.