According to Kofi Bentil, a private legal practitioner, the Ghanaian police are not allowed to impound a vehicle simply because the driver does not have their license on them at that moment.
“You don’t have any right to amend that on your whims,” he told the Police.
He explains that the law in Ghana permits the driver to present their license within 24 hours. Mr. Bentil warns the police not to infringe on people’s rights by impounding their vehicles without probable cause, and suggests that photocopies of driver’s licenses are lawful as evidence of their existence. He advises that the police can request the original license to be produced within 24 hours without impounding the vehicle.
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If the police continue to infringe on people’s rights in this manner, Mr. Bentil warns that someone may sue the Ghana Police for impounding their vehicle without probable cause and demand damages for distress and loss of use from the police, not the DVLA. He concludes that the police must follow due process by taking the driver’s particulars and requesting that they report to a police station with the necessary papers, failing which they may be arrested, instead of breaking the law to enforce it.
Here is his full statement;
- The LAW in Ghana DOES NOT ALLOW YOU TO IMPOUND CARS BECAUSE THE DRIVER DOES NOT HAVE A LICENSE ON HIM!! the car is NOT Evidence in that context!! there is no probable cause or justification for impounding the vehicle.
- The law in Ghana allows the driver to produce their license in 24 hours. You dont have any right to amend that on your whims.
- Carrying a photocopy of a drivers license is entirely lawful as a prima facie proof of the existence of that license. The Police can request that the original be produced in 24hours WITHOUT IMPOUNDING THE CAR.
If you continue infringing peoples rights like these, one of these days someone will sue the Ghana Police for impounding their vehicle without probable cause and take damages for distress and loss of use from the Police (Not DVLA).
YOU HAVE TO HAVE THE SYSTEM (AND I BELIEVE YOU DO) TO TAKE THE PERSONS PARTICULARS AND REQUEST THEM TO REPORT AT A POLICE STATION WITH THE NECESSARY PAPERS FAILING WHICH YOU CAN CAUSE THEIR ARREST.
DONT BREAK THE LAW TO ENFORCE THE LAW!!
