"Illegal" arrest warrant over woman in child custody case revoked by court

The Achimota District Court has revoked an arrest warrant issued against Ms. Karen Baaba Sam following a legal challenge by her attorneys. 

During the Tuesday, February 4, 2025, court session, Ms. Baaba Sam’s legal team argued that the warrant lacked merit and should be nullified. 

The warrant, allegedly obtained through improper means by her ex-partner, Nana Kwadwo Adjei, with the aid of certain members of the Ghana Police Service, was deemed invalid.

Notably, state prosecutor David Beecham did not object to their application. Consequently, the magistrate ruled in favor of Ms. Baaba Sam, lifting the warrant and allowing her to resume her normal activities without the threat of arrest.

Background

The controversy surrounding the arrest warrant began on January 20, 2025, when the document surfaced on social media. It declared Ms. Baaba Sam wanted by the Achimota District Court in connection with an alleged case of unlawful child removal, directing the Police Criminal Investigations Department (CID) to apprehend her.

The warrant included detailed physical descriptions, stating that Ms. Baaba Sam was 29 years old, 5 feet 6 inches tall, fair-skinned, of slim build, with a tattoo on her right breast, and originally from Dormaa Ahenkro. The police suspected she was hiding in areas such as East Legon, Airport Residential Area, Cantonments, Osu, or Dzorwulu. The document was signed by Superintendent of Police, Joseph Benefo Darkwah.

However, Ms. Baaba Sam, in an affidavit, refuted the basis of the warrant. She stated that news of it first reached her through its publication in Daily Graphic on January 22, with subsequent reports appearing in other newspapers on January 23, portraying her as a fugitive.

Upon learning of the warrant, Ms. Baaba Sam instructed her lawyers to investigate the case at the Achimota District Court. To their surprise, they found no records of such an order. In response, they formally requested Daily Graphic to retract its publication and issue an apology.

Shortly after the legal team’s inquiries, the court registrar contacted them, claiming to have discovered new information. He later met with Ms. Baaba Sam’s lawyers and issued a written statement contradicting his initial findings. Despite this, he failed to present any official court record or directive that justified the issuance of the warrant or its publication in Daily Graphic.

Allegations of Misconduct

Ms. Baaba Sam’s affidavit accused Detective Inspector Samuel Sakyi of deceitfully obtaining the arrest warrant by misrepresenting facts before the court. According to her, the officer falsely claimed that her ex-partner had full custody of their child and that she had unlawfully taken the child and refused to return her.

She clarified that she was involved in two ongoing legal battles with Mr. Adjei—one concerning domestic abuse and another related to child custody. These cases were pending before the Circuit Court (Child-Friendly Gender-Based Violence Court) at the Police Headquarters in Accra and the Family Division of the District Court in Accra.

Ms. Baaba Sam further recounted that on December 13, 2024, the District Court had issued an order for shared custody arrangements over the Christmas holidays. However, after the child was allegedly subjected to abuse while with her father, she sought legal intervention. On December 23, the Circuit Court granted her and the child interim protection orders against Mr. Adjei.

Despite this, Mr. Adjei allegedly avoided appearing before the Circuit Court on January 14, 2025, to respond to the protection order, instead sending his lawyer, who falsely claimed that he was out of town. According to Ms. Baaba Sam, Mr. Adjei had secretly approached the District Court to obtain a ruling in his favor without her knowledge.

Although the Circuit Court granted him another hearing date on February 11, 2025, Ms. Baaba Sam contended that he had continued to exploit police connections to harass her rather than comply with court procedures.

Claim of Unlawful Interference

Ms. Baaba Sam maintained that she was legally keeping her daughter in accordance with the interim protection order issued by the Circuit Court. She revealed that Mr. Adjei had challenged the order at the High Court, prompting her to file a counterclaim with the Supreme Court.

She further alleged that Detective Inspector Sakyi’s affidavit, which presented her as a criminal and fugitive, was fraudulent and merely served the interests of Mr. Adjei, who had allegedly bribed officials to manipulate the legal system in his favor.

In her final statements, Ms. Baaba Sam argued that the entire warrant process was an abuse of judicial authority, orchestrated by her ex-partner and aided by sections of the police. 

She emphasized that the wrongful issuance and publication of the warrant in Daily Graphic had caused her severe reputational harm.