An officer of the Ghana Armed Forces (GAF), Captain Daniel Nikyi has been arrested and brought before a Court Martial, to try him for allegedly misappropriating an amount of about US $300,000.00 during a Peacekeeping Mission in the Democratic Republic of Congo.

Captain Nikyi, who is with the Forces Pay Office (FPO) at the Army Headquarters in Burma Camp, was detained for over four months under close custody and security guard, sometimes without food and water.

He was held in Military custody on five counts of neglect to the prejudice of good order and discipline, contrary to Section 54 Armed Forces Act (AFA) 1962, and fraudulently misapplying, contrary to Section 52 (1) (a) of AFA 1962, among others.

He is accused of failing to produce vouchers and receipts to cover return air ticket in respect of GHANBATT's Medal Day Delegation and GHANBATT 13 CO's Pre-deployment Renaissance to the tune of US $12,036.00 -whilst he was a Paymaster of MONUC GHANBATT 12 in the Democratic Republic of Congo, between July 2007 and January 2008.

He is also alleged to have fraudulently misapplied an amount of US $5,000.00 out of the GHANBATT's Welfare Bus maintenance vote, and having exceeded the approved estimates for MONUC GHANBATT 12 without authorization, contrary to paragraph 2 of GHQ/8236/5 (DFC), dated July 4, 2007.

Captain Nikyi is further alleged to have failed to submit vouchers and receipts to cover excess expenditure during his tenure as Paymaster and fraudulently misapplying an amount of US $269,793.37 belonging to the Ghana Armed Forces.

Meanwhile, the Human Rights Division of an Accra High Court, presided over by His Lordship Justice Derry has granted the applicant bail, in the sum of GH ¢200,000 with two sureties to be justified.

Counsel for Captain Nikyi, Andrew Kojo Daniels of JAN chambers, who filed an application for bail at the court pleaded for an order seeking to enforce the fundamental human rights of the applicant (Article 14 (4) of the Constitution) pursuant to Article 33 (1) of the Constitution.

In an affidavit in support of the motion against the Attorney General, Minister of Defence and Chief of Staff of the Ghana Armed Forces, the applicant stated that he was placed in close custody with respect to allegations of a disciplinary case, and a case of misappropriation of funds concerning the findings of an audit report for the MONUC (GH) imprest account, for the period of July 16, 2007, to January 14, 2008.

Though the summary of evidence taken from various witnesses could not establish a prima facie case against him, coupled with his continuous denial of any guilt of criminal, civil or otherwise, in respect of the said allegations, he noted that the authorities still detained him against his will.

Meanwhile, Act 105.34 of the Armed Regulations (Discipline) volume II 61 (1) states "where a person triable under the Code of Service Discipline has been placed under arrest for a service offence and remains in custody for eight days without a summary trial, having been held or a court martial for his trial having been ordered , a report stating the necessity for further delay shall be made by his commanding officer to the authority who empowered to convene a court martial for the trial of that person, and a similar report shall be forwarded in the same manner every eight days until a summary trial has been held or a court martial has been ordered to assemble."

Section 61 (2) of the same Act also provides that "every person held in custody in the circumstances mentioned in subsection (1) who has been held continuously so held for a period of twenty-eight days without summary trial having been held or a court martial having been ordered to assemble, shall at the expiration of that period be entitled to send to the President, or to such authority as the President may appoint in writing for that purpose, a petition to be freed from custody or for the disposal of the case and in any event that person shall be so freed when a period of ninety days continuous custody from the time of his arrest has expired, unless a summary trial has been held or a court martial has been ordered to assemble."

In the light of his continued detention, Captain Nikyi filed a petition on January 21, 2009, for his release from close custody.

Instead of responding to his petition, the applicant noted that he was on February 11, 2009, rather served with a summary of evidence, the Convening Order and an Amended Charged Sheet.

In Pursuant to Article 14 (4) of the 1992 Constitution, "where a person who is arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this Article is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial", Counsel for the accused, therefore, sought a relief for the immediate release of his client from close custody on bail terms to be determined by court.

It was, therefore, the argument of Counsel that as a citizen of Ghana, his client who was represented in court by his wife was entitled to this relief, "given especially that we are all equal before the supreme law of Ghana, being the Constitution which presumes every person innocent until proven guilty.

This, according to him, was evident in the fact that his fundamental human rights have been and continues to be infringed upon by his incarceration for over four months till date.

"As an example of the infringement of my basic human rights, I was deprived of my daily ration of food and water during my period of incarceration", he emphasized.

A lawyer from the Attorney Generals Department, who represented the AG, agreed to the bail application but pleaded for sureties.

The Presiding Judge thus granted the applicant bail in the sum of GH ¢200,000 with two sureties to be justified.