By Cllr. Bornor M. Varmah, legal expert
On July 24, 2025, a controversial incident unfolded in Monrovia when police officers attempted to arrest a Muslim woman accused of stealing electricity. The arrest escalated into a confrontation, prompting the use of force by officers to subdue and detain the accused. In the aftermath, members of the Muslim community staged a protest, alleging religious intolerance and police excesses. This incident presents a compelling opportunity to revisit and analyze the legal framework governing arrests, resistance, and the permissible use of force under Liberian law.
1. The Legal Basis for Arrest in Liberia:
Arrest in Liberia is principally governed by the Criminal Procedure Law, Title 2 of the Liberian Code of Laws Revised, along with constitutional safeguards under the 1986 Constitution of Liberia.
Under Section 10.1 of the Criminal Procedure Law, an arrest may be made:
With a warrant, issued by a competent judicial authority upon a showing of probable cause;
Without a warrant, when a crime is committed in the presence of the arresting officer or when the officer has reasonable grounds to believe that a person has committed a felony.
The Constitution guarantees that “no person shall be subject to arbitrary arrest or detention” (Article 21(a)), and that due process must be observed throughout the criminal justice process.
2. Refusal or Resistance to Arrest:
The law does not grant a citizen or a resident the right to resist a lawful arrest, even if the person believes the arrest is unjustified. In fact, Section 10.4 of the Criminal Procedure Law allows peace officers to overcome resistance or flight when effecting a lawful arrest.
However, in cases of unlawful arrests, courts have recognized a limited right of resistance, especially where excessive force is used or when the arrest lacks any legal basis. But such determinations are made retrospectively by the courts and not by the individual at the moment of arrest.
In the Monrovia case, the woman reportedly resisted arrest. Unless the arresting officers acted without lawful authority or reasonable cause, her resistance would not be justified under the law.
3. Use of Force by Law Enforcement:
The law permits law enforcement officers to use only such force as is reasonably necessary to effect an arrest. Section 10.4 further states that deadly force is justified only when the officer reasonably believes it is necessary to prevent death or serious bodily harm.
The principle of proportionality governs the use of force. It must be necessary, reasonable, and commensurate with the level of resistance encountered. This is further buttressed by international standards, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, to which Liberia is a signatory.
In the Monrovia case, public concerns hinge on whether the force used to subdue the accused was excessive. If it was, it may give rise to disciplinary or legal consequences for the officers involved.
4. Religious Sensitivities and Allegations of Intolerance:
The Constitution of Liberia guarantees freedom of religion under Article 14. Every citizen, regardless of faith, is entitled to equal protection of the law and humane treatment by law enforcement.
While the woman’s arrest stemmed from a criminal accusation unrelated to religion, the protests that followed underscore the deep sensitivity surrounding the treatment of religious minorities. Public authorities must ensure that arrest procedures are carried out with respect, cultural sensitivity, and without prejudice.
It is crucial that law enforcement agencies take proactive steps to build trust with all communities. This includes providing diversity and human rights training, maintaining transparency in investigations, and clearly communicating the facts surrounding controversial incidents.
5. Conclusion: Striking a Balance Between Law Enforcement and Civil Rights:
The law of arrest in Liberia empowers the police to enforce the law while safeguarding the rights of the accused. Citizens must comply with lawful arrests, and police officers must conduct themselves within the boundaries of the law, using force only when strictly necessary.
In cases that attract public outcry, independent and impartial investigations are essential to maintain public confidence and protect the rule of law. Ensuring accountability and transparency in such matters is not only a legal necessity but a civic duty.
The incident in Monrovia must serve as a reminder that respect for human dignity and the rule of law are non-negotiable in a democratic society.
