Accra, Aug 12,
Ghanadot - BNI has been ordered by the Human Rights ast track
court division to return former Minister of Foreign Affairs'
passport to him.
Mr. Akwasi Osei-Adjie,
the minister has sued the BNI for the unlawful seizure of his
passport.
The court agreed with
Mr. Osei-Adjei that his fundamental human rights have been
violated because the BNI did not follow the due process of
the law.
The defense of the
BNI, represented in court by the Attorney General's department,
was tthat he seizure of Mr. Osei-Adjei's passport was required
by the Security and Intelligence Agencies Act (Act 526).
In spite of the act
quoted, the court ordered Mr. Osei-Adjei's passport to be
returned to him immediately.
However, based on
some technicality the court also struck out the suit against the
BNI.
The court said,
instead of suing the BNI, the suit should have been directed
against the Attorney General department.
The court explained
further that the the Director of the BNI was protected against
such suits since the function of that agency made it a state
institution.
The BNI, in response
to the suit, had claimed that Mr. Osei Adjei who they alleged
had caused financial loss to the state through the importation
of huge quantities of rice, would abscond when given access to
his passport.
The court replied
that where that was the case, a person suspected of criminal
offence, in this case Mr. Osei-Adjei, ought to have been
arrested, charged and brought to court before any seizure of his
passport could be attempted.
Though the passport
may belong to the state, Mr. Justice Derry held that its seizure
should have followed "due process" as explained above.
The passport
belonging to the former minister was seized when he was called
to appear before the BNI on May of this year.
At the order for the
release of his passport, Mr. Osei-Adjei sympathizers in court
with him that day burst into jubilation.
Ghanadot
