Former minister sues BNBI, A-G

Wednesday, June 17, 2009 (Second Lead Story)

A former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, has dragged the Director of the Bureau of National Investigations (BNI) and the Attorney-General to the High Court for violating his fundamental human rights.
According to Mr Osei-Adjei, the seizure and detention of his passport by officials of the BNI was “flagrantly unlawful and a palpable violation” of his human rights.
He said the BNI had acted “maliciously and in bad faith” and could, therefore, not be trusted to conduct any independent and impartial investigation into the role he played in the importation of rice when he was Minister of Foreign Affairs.
In an application for the enforcement of his fundamental human rights filed at the Human Rights Division of the High Court, Mr Osei-Adjei is praying the court to declare that the seizure of his passport was not constitutional, as well as an abuse of his fundamental human rights.
The application, which was filed on his behalf by his legal counsel, Mr Godfred Yeboah-Dame, is also seeking an order directed at the Director of the BNI to release his passport unconditionally.
The applicant is also seeking an order of prohibition directed at the Attorney-General and the Director of the BNI to restrain them from further curtailment of his right to freedom of movement without a court order.
An affidavit in support of Mr Osei-Adjei’s application stated that on May 20, 2009, he received a call from an official of the BNI requesting him to report and clarify some issues on an alleged importation of rice by the National Investment Bank (NIB).
According to the affidavit, the former minister stated in full what he knew about the alleged rice importation, adding that he was permitted to leave without any charge being preferred against him.
It said on May 26, 2009, he received another call to report at the BNI to explain some issues which turned out to border on the rice importation.
It stated that Mr Osei-Adjei again went to the BNI, in the company of his lawyer, and was permitted to leave without any charge.
According to the affidavit, while on his way out of the BNI offices, he was asked to see the Deputy Director of the BNI, who wanted to say hello to him (Mr Osei-Adjei).
On entering the deputy director’s office, he was, to his utter “surprise and dismay”, informed that he should hand over his passport before he would be allowed to leave the BNI offices.
It averred that his lawyer informed the BNI officials that the order was a flagrant violation of his (applicant’s) human right to the freedom of movement, especially when he had demonstrated that he would not flee the country and especially when criminal charges had not been preferred against him.
It said the lawyer also prayed that his client be allowed to go home and bring his passport the following day but that request was refused.
It said the BNI officials, accordingly, followed Mr Osei-Adjei to his residence where he picked his passport and surrendered it before being released.
It is the contention of the applicant that the action by officials of the BNI was unconstitutional because the Constitution guaranteed every person the right to freedom of movement, which included the right to leave and enter Ghana at anytime.
According to the applicant, the Constitution enjoined the curtailment of freedom only in the interest of defence, public safety, public order and also for the protection of citizens of Ghana against the propagation of a doctrine detrimental to the welfare and interest of the nation only pursuant to an order of a court of competent jurisdiction.
The applicant also stated that the BNI had attacked his reputation by leaking distorted information to the media on his role in the alleged importation of rice.