Legal practitioner, Martin Kpebu, has questioned the legality of the search warrant used in the raid on the residence of former Bank of Ghana Governor, Dr Ernest Addison.
The operation, carried out by armed National Security operatives on Wednesday, March 19, 2025, has sparked controversy, with concerns raised over procedural integrity and adherence to legal standards.
Eyewitnesses reported that the raid was conducted by masked security personnel who overpowered private security guards before proceeding with their search.
Speaking on TV3’s Ghana Today programme on Thursday, March 20, Kpebu stressed the need for transparency in law enforcement and questioned whether the search was conducted within the legal framework. He called for clarity regarding the specifics of the warrant and the scope of its authorisation.
The opposition New Patriotic Party (NPP) and its parliamentary minority have condemned the operation, describing it as heavy-handed and demanding accountability from security agencies.
In response, Deputy Minister of Justice and Attorney General, Justice Srem Sai, defended the raid, insisting it was conducted lawfully.
“We take full responsibility for the search. The warrants were lawfully obtained and executed in accordance with due process,” he told journalists in Accra on Thursday, March 20.
Acknowledging the NPP’s concerns, Kpebu insisted that the scope of the warrant must be made clear. “As of now, we do not know the specific authorisations contained within the warrant,” he said, warning that searches must not exceed their legal mandate.
Drawing a parallel with the high-profile search of former US President Donald Trump’s residence for classified documents, Kpebu argued that law enforcement agencies must justify their actions before a court of law.
“You must tell the court exactly what you are searching for. Any action beyond that could undermine the legality of the entire operation,” he said.
Call for legal reforms
Kpebu also criticised Ghana’s legal framework, arguing that its jurisprudence on search operations remains underdeveloped compared to international standards. He called for reforms to enhance transparency in national security operations, warning that the lack of publicly accessible service instructions on search procedures increases the risk of abuse.
“The police have a service instruction manual detailing how searches should be conducted, but the National Security apparatus has yet to demonstrate a similar framework,” he noted. “It is neither legal nor ethical for operational procedures to remain undisclosed to the public.”
He recommended that national security agencies adopt international best practices, update operational protocols, and ensure greater accountability. “Without clear service instructions, legal challenges will continue to arise,” he warned.
Allegations of missing valuables
Kpebu also addressed allegations that valuables, including GHS 10,000 in cash and jewellery belonging to Dr Addison’s wife, were taken during the raid. He urged Dr Addison to formally report the matter to the Ghana Police Service for investigation.
“If someone comes to your house and steals GHS 10,000, the police should be able to investigate,” he said, stressing the need for a thorough probe.
He suggested that if the current administration fails to investigate the matter adequately, a future government could revisit the case. “Crime has no expiration date,” he said. “If this investigation is not properly handled now, a future administration could pursue it.”
Despite his concerns about the raid, Kpebu maintained that Dr Addison must still face justice over allegations of financial mismanagement. He criticised the former governor for allegedly engaging in excessive money printing without justification but insisted that legal procedures must be followed.
“I want to see him face justice, but that does not mean I will support illegal actions against him,” he said.
Concerns over political interference in security matters
On the same programme, security analyst Richard Kumadoe emphasised that while state institutions have the mandate to conduct searches and arrests, such actions must adhere to best practices. He underscored the importance of obtaining and presenting a valid search warrant, ensuring that security personnel announce their presence, and clearly communicating their purpose.
Kumadoe also accused political figures of shaping the narrative surrounding the raid, warning that politicians commenting on security matters without firsthand knowledge could distort facts and undermine public confidence in security agencies.
“Politicians must stop speaking on behalf of national security agencies. The more they do so, the more they create unnecessary tensions and suspicions,” he cautioned.
SOURCE: GRAPHICONLINE
