BNI MUST GROW UP ...

A Constitutional and Human Rights lawyer, Mr. Akoto Ampaw, has urged the Bureau of National Investigations (BNI) to grow above what he describes as outmoded methods of interrogating people. He said under normal circumstances, allegations of financial impropriety ought to be treated as regular case and be handled by the Police, rather than the BNI. "The moment such financial matters are dealt with by the BNI, it gives the impression that there is more to it."Commenting on the interrogation of Mr. Kwadwo Mpiani, ex-Minister of Presidential Affairs and Chief of Staff by the BNI last Tuesday in an exclusive interview with Public Agenda, Mr. Ampaw argued that it was pointless for the BNI to have kept Mr. Mpiani up to 10:00p.m if they knew they would continue the interrogation the next day. "For four to five months since the NPP left office, the ex-Chief of Staff has not indicated in any way that he would be running away from this country and therefore if the interrogation was not complete by the close of day, the BNI could have asked him to go home and come the next day. But to have kept him that late gave cause for people to suspect that the BNI is up to something." In Mr. Ampaw's view, the keeping of a suspect for "not more than 48 hours" which is usually used by the security agencies as defence is not a legitimate response, since the 48 hours rule comes into play when in extreme cases interrogation cannot be completed. He added that although Mr. Mpiani has not been charged with any offence, he had the right to legal representation since he was asked to come and clarify certain things.Meanwhile the NPP has described the incommunicado detention of Mr. Mpiani as an affront to the rule of law and a flagrant violation of the provisions of the fundamental human rights and freedoms under the 1992 Fourth Republican Constitution.The party says this modus operandi by the BNI under the rule of the National Democratic Congress "amounts to nothing less than constricting the frontiers of democracy" and smacks of revolutionary days of fire and brimstone. They have accordingly served notice that they would not countenance such illegal acts and "from now onwards shall resist them by whatever legal means and tools available to us."Responding to questions at a news conference by the Minority in Parliament on Wednesday, Hon. Ambrose Dery, Deputy Minority Leader, pointed out that the Constitution provides in explicit terms that a person arrested or detained shall have the right to legal representation and therefore the BNI exclusion of Mr. Mpiani's lawyers when their client was being interrogated was unconstitutional."The fight is to ensure that no Ghanaian is subjected to such treatment. And if the former Chief of Staff and Minister for Presidential Affairs could be subjected to such treatment then God have mercy on the individual Ghanaian." said Hon. Dery.Article 14(1) of the 1992 Constitution says that "Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except for example as provided for in 14(1) (g)" Upon the reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana. However, Article 14(2) adds that, "A person who is arrested, restricted or detained shall be informed immediately; in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice."Hon. Prof. Mike Oquaye, Second Deputy Speaker, underscored the fact that the issue of incommunicado was very disturbing, especially against the background of recent memory when people in the custody of BNI got lost. The situation was worrying, more so when the NDC propaganda was deceiving Ghanaians that Mr. Mpiani had access to his lawyers.Addressing the press conference earlier, the Minority Leader, Hon Osei Kyei-Mesah-Bonsu, related that about 11am on June 2, the ex-Chief of Staff responded to an invitation by the BNI via telephone. The Chief of Staff, he reasoned, was not obliged to honour the invitation because anyone could have impersonated the voice; "but he went out of deference to legally constituted authority".According to him, by 6:00 pm when he had not been released and continued to be held incommunicado, the leadership of the NPP went to the BNI to inquire about the reason and circumstances of his continued detention. "No official of the BNI would respond to the entreaties of the spouse of Mr. Mpiani and the leadership of the NPP who made honest enquiries. Basic courtesies required that at least the spouse and some members in leadership of the party be informed about the reasons for the detention of Kwadwo Mpiani".He recalls that Mr.Mpiani has on many occasions been threatened with investigations relating to purported criminal conduct, but says he is not in the way perturbed as Mr. Mpiani himself had on many occasions publicly stated his readiness to co-operate with the Police, whenever he is needed to assist in investigations. "In the circumstance, one may want to know what the role of the BNI is in alleged criminal investigations. And for a person who has consistently stated his preparedness to submit himself to investigations, why detain him upon a telephone invitation?"Hon. Kyei-Mensah-Bonsu argues that the behaviour of NDC casts doubts on their campaign promise of "a better Ghana to all Ghanaians" which Ghanaians thought included good governance pivoted on the rule of law and resort to due process. MUST GROW UP ...Human Rights lawyer advisesA Constitutional and Human Rights lawyer, Mr. Akoto Ampaw, has urged the Bureau of National Investigations (BNI) to grow above what he describes as outmoded methods of interrogating people. He said under normal circumstances, allegations of financial impropriety ought to be treated as regular case and be handled by the Police, rather than the BNI. "The moment such financial matters are dealt with by the BNI, it gives the impression that there is more to it."Commenting on the interrogation of Mr. Kwadwo Mpiani, ex-Minister of Presidential Affairs and Chief of Staff by the BNI last Tuesday in an exclusive interview with Public Agenda, Mr. Ampaw argued that it was pointless for the BNI to have kept Mr. Mpiani up to 10:00p.m if they knew they would continue the interrogation the next day. "For four to five months since the NPP left office, the ex-Chief of Staff has not indicated in any way that he would be running away from this country and therefore if the interrogation was not complete by the close of day, the BNI could have asked him to go home and come the next day. But to have kept him that late gave cause for people to suspect that the BNI is up to something." In Mr. Ampaw's view, the keeping of a suspect for "not more than 48 hours" which is usually used by the security agencies as defence is not a legitimate response, since the 48 hours rule comes into play when in extreme cases interrogation cannot be completed. He added that although Mr. Mpiani has not been charged with any offence, he had the right to legal representation since he was asked to come and clarify certain things.Meanwhile the NPP has described the incommunicado detention of Mr. Mpiani as an affront to the rule of law and a flagrant violation of the provisions of the fundamental human rights and freedoms under the 1992 Fourth Republican Constitution.The party says this modus operandi by the BNI under the rule of the National Democratic Congress "amounts to nothing less than constricting the frontiers of democracy" and smacks of revolutionary days of fire and brimstone. They have accordingly served notice that they would not countenance such illegal acts and "from now onwards shall resist them by whatever legal means and tools available to us."Responding to questions at a news conference by the Minority in Parliament on Wednesday, Hon. Ambrose Dery, Deputy Minority Leader, pointed out that the Constitution provides in explicit terms that a person arrested or detained shall have the right to legal representation and therefore the BNI exclusion of Mr. Mpiani's lawyers when their client was being interrogated was unconstitutional."The fight is to ensure that no Ghanaian is subjected to such treatment. And if the former Chief of Staff and Minister for Presidential Affairs could be subjected to such treatment then God have mercy on the individual Ghanaian." said Hon. Dery.Article 14(1) of the 1992 Constitution says that "Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except for example as provided for in 14(1) (g)" Upon the reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana. However, Article 14(2) adds that, "A person who is arrested, restricted or detained shall be informed immediately; in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice."Hon. Prof. Mike Oquaye, Second Deputy Speaker, underscored the fact that the issue of incommunicado was very disturbing, especially against the background of recent memory when people in the custody of BNI got lost. The situation was worrying, more so when the NDC propaganda was deceiving Ghanaians that Mr. Mpiani had access to his lawyers.Addressing the press conference earlier, the Minority Leader, Hon Osei Kyei-Mesah-Bonsu, related that about 11am on June 2, the ex-Chief of Staff responded to an invitation by the BNI via telephone. The Chief of Staff, he reasoned, was not obliged to honour the invitation because anyone could have impersonated the voice; "but he went out of deference to legally constituted authority".According to him, by 6:00 pm when he had not been released and continued to be held incommunicado, the leadership of the NPP went to the BNI to inquire about the reason and circumstances of his continued detention. "No official of the BNI would respond to the entreaties of the spouse of Mr. Mpiani and the leadership of the NPP who made honest enquiries. Basic courtesies required that at least the spouse and some members in leadership of the party be informed about the reasons for the detention of Kwadwo Mpiani".He recalls that Mr.Mpiani has on many occasions been threatened with investigations relating to purported criminal conduct, but says he is not in the way perturbed as Mr. Mpiani himself had on many occasions publicly stated his readiness to co-operate with the Police, whenever he is needed to assist in investigations. "In the circumstance, one may want to know what the role of the BNI is in alleged criminal investigations. And for a person who has consistently stated his preparedness to submit himself to investigations, why detain him upon a telephone invitation?"Hon. Kyei-Mensah-Bonsu argues that the behaviour of NDC casts doubts on their campaign promise of "a better Ghana to all Ghanaians" which Ghanaians thought included good governance pivoted on the rule of law and resort to due process.