AG's Dept withdraws motion

Wednesday, November 25, 2009 (Page 31)

THE Attorney-General’s (A-G’s) Department has withdrawn its motion for stay of execution of a High Court ruling which ordered the Bureau of National Investigations (BNI) to release the passport of Mr Akwasi Osei-Adjei, a former Minister of Foreign Affairs.
A Deputy A-G, Mr Ebow Barton-Oduro, told the court that the reason for the seizure of Mr Osei-Adjei’s passport had elapsed and for that reason the State was prepared to hand over the passport to him.
He said the State seized Mr Osei-Adjei’s passport to prevent him from impeding investigations into the importation of rice, which had since been completed.
The court, presided over by Mr Justice Richard Apaloo, with Mrs Justice Iris May Brown and Mr Justice E. K. Ayebi as members, accordingly upheld the State’s submission.
It, however, awarded GH¢600 costs against the State.
Counsel for Mr Osei-Adjei, Mr Godfred Yeboah Dame, had prayed the court to award GH¢2,000 costs but Mr Barton-Oduro offered GH¢500.
The A-G’s Department appealed against the refusal of the Human Rights Division of the High Court to stay execution of its earlier order directing the BNI to release Mr Osei-Adjei’s passport.
Mr Osei-Adjei sued the Director of the BNI and the A-G for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally, but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated, under the Security and Intelligence Agencies Act (Act 526), to investigate him.
The court had, on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the former minister’s passport, adding that the action violated his fundamental human rights because it did not follow the due process of law.
The court, however, struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a State institution whose acts were carried out on behalf of the Republic and, therefore, was not properly sued.
However, the A-G’s Office filed an appeal against the court’s decision and, accordingly, filed another motion praying the court to stay execution of its order pending the outcome of its appeal, but the court, on September 15, 2009, dismissed the application.
The court, presided over by Mr Justice U.P. Dery, described as untenable the argument by the A-G that if the former minister was given his passport there was the likelihood that he would interfere with the investigations.