NPP-USA on Mpiani detention

MPIANI DETENTION--NPP-USA PRESS STATEMENT.

Recent events in the country have raised questions about the commitment of the Mills’ administration to constitutionalism and the rule of law. On 6th January 1993, our beloved country embarked on its current democratic journey after enduring a decade of brutalities at the hands of the Provisional National Defense Council (PNDC), characterized by violence, abductions, silence, entrapment, lawlessness, intimidations, nepotism and exclusion. In adopting and enacting the 4th republican Constitution, we the people of Ghana affirmed our commitment to the rule of law, the protection and preservation of our fundamental human rights and freedom, and above all the principle that all powers of Government spring from the sovereign will of the people.

But it is becoming clear that the 1992 Constitution is being strangled and subverted by the Mills administration abuse of the BNI, as illustrated by the following events that have occurred in the last 150 days.

Background on BNI The BNI was a creature of the military with wide powers to restrict, detain, arrest, question, torture, and harass ordinary Ghanaians. This quasi military apparatus was given statutory blessing by the NDC dominated Parliament in 1996, under the so called Security and Intelligence Agencies Act (ACT 526).

Even then ACT 526 clearly defined the nature and scope of the BNI's activities. Specifically, the BNI was restricted to two areas: organized crime and national security. In investigating these crimes, ACT 526 conferred normal policing powers on BNI but nothing more. This is significant because it demilitarized the BNI and clothed it with constitutionalism.

Under the constitution and ACT 526, BNI has no authority to hold, restrict, detain, or investigate anyone unless BNI can show cause that the person is a threat to national security and/or is engaged in organized crime.

BNI and Kwadwo Mpiani We are seriously disturbed by the actions of BNI as it pertains to the confinement of Mr. Kwadwo Mpiani, former Chief of Staff, on June, 2nd 2009. On the said date, Mr. Mpiani reported to the BNI offices at 11:00AM and was not allowed to leave those offices till 8:00PM. While he arrived with his lawyers, he was separated from his lawyers and was interrogated without the benefit of his counsel. The detention and denial of access to counsel are clear violations of the constitution.

BNI and Seizure of Passports The right to travel is a fundamental right guaranteed by the constitution. In obiter dictum, the Supreme Court has said that “inherent in the right to travel is the right to have a passport (Edusei v. Attorney General [1996-97] SCGLR at 1-62). It is trite law that the government should not disturb a fundamental right unless there is a compelling reason to do so. Alas, the Mills administration has resorted to seizing passports without due process as an instrument against its political opponents. On May 27th 2009, the BNI seized the passport of Akwasi Osei Adjei, former Minister of Foreign Affairs. Apparently, the BNI is questioning the former minister for his alleged role in the importation of rice from India.

BNI and the Seizure of Cars

At various times during the first few months of the Mills’ administration, the BNI has seized vehicles belonging to Nana Akuffo Addo, former Presidential candidate of NPP, several top officials of the former NPP administration and their relatives, and the Managing Director of Barclays bank.

Celebration of June 4th It is widely rumored that the Mills administration plans to celebrate the 30th anniversary of the June 4th revolution. Such a celebration will be an assault of the Republic and in contempt of the Supreme Court ruling holding that it is unconstitutional to use public funds to celebrate a coup in the Republic. We call on the Mills administration to jettison any plans to celebrate the June 4th revolution.

Resolution Members of NPP USA call on the Mills administration to Cease and desist from using the BNI to harass its political opponents Institute a parliamentary probe into the activities of the BNI Return any and all seized passports and cars to their rightful owners Halt any plans to celebrate June 4th Ensure that the fundamental human rights of all Ghanaians are protected at any and all times.