The 3 arrested SA ex-cops
Legal Practitioner Egbert Faibille, has urged President John Mahama to demonstrate his respect for the rule of law by ordering the Bureau of National Investigations (BNI) to immediately release the three arrested South African ex Police officers who have been arrested for engaging in acts that threaten national security.
An order for the release of the three former South African police officers to the registrar of the Accra Circuit Court until all their bail conditions were met was defied by the Bureau of National Investigations (BNI).
The Circuit Court which was presided over Her Lordship Patricia Quansah, Thursday, granted bail to the ex-South African cops who were arrested by the BNI at Agona Duakwa in the Central Region last Sunday, March 20, 2016 while training some New Patriotic Party youth in various military drills.
The trio, Major Ahmed Shaik Hazis (Rtd) 54, WO/ Denver Dwayhe Naidu (Rtd.), 39, and Captain Mlungiseleli Jokani (Rtd.), 45 pleaded not guilty to the charges of conspiracy to commit crime, unlawful training and making false declaration that were brought against them by the BNI.
Each was granted bail in the sum of GH?20,000.00 with surety to be justified.
The Presiding Judge also directed that the passports of the three be kept at the court’s registry.
She further directed that the ex-service men be released to the court registrar until all the housing properties of the sureties are inspected and approval given.
But BNI operatives who were shocked with the ruling of the court hurriedly whisked the ex-service men away, much to the surprise and anger of Lawyers for the three detainees.
However speaking on Joy FM’s news analysis show News File Saturday, Egbert Faibille condemned the BNI for its flagrant disregard for the orders of the court.
He said the BNI will have itself to blame should anything untoward happen to the three South Africans as they are being held illegally.
“The BNI and its officials, the investigator who brought them to court, the prosecutor who read the charges in court are liable for contempt. There’s a human rights component and there’s a contempt component, all those things will be brought down heavily on them.”
He added: “As we speak if these guys die in custody today, Ghana will be in trouble, the Director of BNI will be in trouble because you are keeping the people illegality. What the BNI has done is that it has usurped the hallowed glory of the courts to let them go away on bail, and say even though the court says it has admitted you to bail, as far as we are concerned you our guests.”
Lawyer Faibille urged both President Mahama and Veep Amissah Arthur to ensure the right thing is done concerning the three detainees.
“I’m sending a clear appeal to President Mahama and Veep Kwasi Bekoe Amissah Arthur that this nation is a nation of laws and not the BNI and what it thinks. So that if President Mahama is committed to the rule of law he should order the BNI to release the people according to the bail term that they were on , that way I will see that his government is committed to the rule of law. Our President holds an honorary doctorate degree from Aberdeen University, he should act it…this is law.”