Tuesday, July 14, 2009 (Page 3 Lead)
THE detention of the passport of Mr Akwasi Osei-Adjei, a former Minister of Foreign Affairs, by the Bureau of National Investigations (BNI) has been defended by the Attorney-General's Department.
According to the AG's Department, Mr Osei-Adjei, who was suspected of causing financial loss to the state through the importation of huge quantities of rice, was likely to abscond if he had access to his passport.
In an affidavit in opposition filed in response to a suit initiated by Mr Osei-Adjei against the Director of the BNI and the Attorney-General for violating his fundamental human rights, the A-G's Department stated that Mr Osei-Adjei’s suit was aimed at detracting the BNI from investigating his unlawful importation of rice, as well as inflating the price of the rice.
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 but the A-G’s Department holds a different view.
According to the AG's Department, the BNI was mandated under the Security and Intelligence Agencies Act (Act 526) to investigate the applicant.
The affidavit in opposition, dated July 8, 2009, said the applicant was being investigated by the state for acts or omissions which had caused huge economic loss to the state.
It said instead of arresting and granting him bail, the BNI decided to invite him to assist in investigations and to restrict his movement while investigations continued.
It further argued that the BNI’s decision to detain the applicant's passport was "perfectly legal and constitutional", adding that it was in accordance with the fundamental human rights provisions in the 1992 Constitution and more particularly under Article 14 (1) (g) of the 1992 Constitution.
Article 14 (1) (g) of the 1992 Constitution states, "A person can be deprived of his personal liberty upon reasonable suspicion of his having committed or about to commit criminal offence under the laws of Ghana."
It further stated that Article 14 (3) of the Internal Security Agencies Act states that the internal security agencies had the right to detain or restrict the movement of the applicant upon reasonable suspicion of his having committed a criminal offence under the laws of Ghana.
It said the BNI was permitted under the laws of the land to restrict one's movement to ensure that subjects of criminal investigation such as Mr Osei-Adjei appeared before the BNI to continue with proceedings preliminary to trial.
According to the AG's Department, the applicant was suspected to have committed a serious offence which was detrimental to the economic well-being of the state and he was requested to deposit his passport to ensure that he did not travel outside the jurisdiction.
"This is more so when internal security agency has intelligence report which indicates that the applicant is likely to abscond from the jurisdiction at the least opportunity," the affidavit in opposition pointed out.
It said the suspicion that the applicant would abscond from the jurisdiction was heightened by his "craving and pleading" to be given his passport at a time he was aware that he was been investigated for the offence of unlawful importation of rice, as well as inflating the cost of the imported rice.
It further stated that the Director of the BNI would, at the hearing of the case, raise preliminary objection that he was not a proper party to the action on the grounds that under the law he was not a legal entity to sue or be sued.
According to the Director of the BNI, the whole action had been brought by the applicant to detract the BNI from acting in accordance with its mandate to continue with investigations into the applicant's acts.
The hearing of the writ has been fixed for hearing at the Human Rights Division of the High Court on Thursday, July 16, 2009.
No comments:
Post a Comment