Sosu Saga: Two top lawyers clash over police arrest mandate

Mr Bentil had asserted police have the right to make an arrest but Mr Barker-Vormawor refuted the claim saying there is the power to arrest and not a right.

Mr Bentil had told a journalist: “It is just not right for any person to assume any kind of immunity that effectively poses them above the law.

“In this particular matter, we think that at this point the Police have a right to effect an arrest and to effect an investigation. If they think that they have to proceed they will go ahead and proceed, if anybody has a problem we will call back that person to court to the court and vindicate themselves.”

But reacting, Me Barker-Vormawor said: “There is no right to arrest. There is only a power to arrest. The arrest is a display of power; not a right.”

Law Lecturer at GIMPA Dr Godwin Dzah agreed with Me Barker-Vormawor. He said:

“…When you miss enough Jurisprudence classes to miss Hohfeld, then you’re sure to mix right with power, and disability with responsibility.”

Meanwhile, the controversy regarding whether or not the police can arrest a Member of Parliament (MP) without the permission of the Speaker of Parliament rages on. Mr. Sosu who is at the centre of the controversy has been charged by the police even though he is yet to be arrested.