The Ghana Bar Association (GBA) has taken a swipe at the Bureau of National Investigations (BNI) for flouting a court order that granted bail to the three former South African police officers who were in Ghana on a private business.
Major Ahmed Shaik Hazis (retd), 54; Warrant Officer Denver Dwayhe, 33, and Captain Mlungiseli Jokani, 45 — were arrested at the EL-Capitano Hotel in the Central region where they were training the private security of the New Patriotic Party (NPP).
They have since been deported.
The GBA in a statement condemned the act of the BNI, which failed to allow the trio to go through the bail process.
“The BNI by sending the accused persons to court, had in law surrendered their custody to the court to decide on whether to remand them (and if so, into which custody) or to grant them bail… By removing them from the court premises without allowing them to begin the process of fulfilling their bail conditions, the BNI acted in flagrant breach and disrespect of the Constitution,” the statement signed by the GBA National President, Benson Nutsukpui said.
It added: “The GBA notes that any system that allows an individual or institution to disobey orders made by a court of competent jurisdiction simply creates room for anarchy, chaos and lawlessness. This certainly has no place under the 1992 Constitution of Ghana.
“It is for these reasons that the GBA views the flouting of the bail orders of the Circuit Court, Accra, as a threat to the rule of law and condemns that conduct in no uncertain terms.” The GBA is therefore asking “the citizenry, institutions and agencies to follow due process and show adequate respect to the various institutions and bodies created under our 1992 Constitution.”
The three South Africans had been facing charges in Ghana over claims that their activities were in breach of Ghanaian laws. A court ruling granting them bail was flouted by the BNI Thursday.
The man, believed to have invited them, captain (retd) Edmund Koda, was detained in BNI cells until Monday when he was released after several agitations by the members of the NPP.
Source: Starrfmonline
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