Sally Akua Amoakowaa, the ex-wife of Dr. Kwaku Oteng, has bemoaned the incessant habit of some rich men in the country who are fond of using the police to unlawfully do their bidding.
Emphasizing her point, she claimed that such men, in the quest to retrieve monies from their debtors, use the police to unlawfully arrest and throw debtors behind bars.
Without mentioning names, the former wife of the Angel Group of Companies founder, said although the core mandate of the police is to apprehend and prosecute offenders, there isn’t any clause in the constitution that states that debtors should be arrested and detained overnight.
Sally took to Instagram to make her point in a series of posts in which she tagged the Ghana Police Service.
“Some rich men in this country are using some police men in the police service to intimidate and humiliate poor people in this country. The core mandate of the Ghana police service is to Apprehend and prosecute offenders, Maintaining of law and order, Protection of life and property.
"I haven't come across any clause in the constitution or article that says a person can be kept behind bars overnight for owing someone. I am pleading with the IGP to please educate some police men who are being used as debt collectors to leave that in the hands of the judiciary if the person did not acquire the debt through fraudulent means.
"Owing someone is a civil case not a criminal case. The poor should have a voice in the country. I hardly bring my issues on social media but this time, adonko company ltd .........”
Sally, who is a private legal practitioner, seized the opportunity to educate the public on how the law works with the system of collection of debts.
To her, such matters fall under civil law and as such, it shouldn’t be treated as a criminal case to an extent the police would be made to either become ‘debt collectors’ or forcefully keep debtors in cells overnight or for days.
“The Collection of debts properly falls under the ambit of Civil Law. It is not a Criminal offence for which the Police are called to perform their duties under the laws of Ghana.
"In the Indian case of G.B.C. Raj Gopal v The Government of A.P., the court held that the function of resolving civil disputes is entrusted to the judiciary. Police officers lack jurisdiction to interfere in civil/property disputes between two citizens. Even in criminal cases, their role is limited to the registration of complaints and conducting investigations.
“In the Nigerian case of Nwadiugwu v IPG & Ors the appeal court maintained that the police are neither debt collectors nor arbitrators, and Section 24 of the Police Act 2004 does not list settlement of disputes or collection of debts amongst the duties of the Police. We have laws in this country and the law must take its course. The police service isn't a debt collection agency. I rest my case.”
Check out her posts below:
EB/SARA
