BNI boss sued for contempt

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Parent Category: Justice & Security

Category: Law Reports

Created on Friday, 29 July 2011 00:00

Published Date

BNI boss sued for contempt

The Director of the Bureau of National Investigation is to appear before court over charges of contempt.

This follows the re-arrest of three suspects bailed by an Osu Magistrate Court, Thursday over narcotic offences.

Lawyer for the suspects, Evans Anaba confirmed the contempt suit against the BNI in an interview with Joy News on Friday.

His clients - David Gyabaah, Eric Owusu Manu and Frank Bruno Pappoe -, had spent the night in the custody of the police after a dramatic re-arrest scene at the premises of the Osu Magistrate Court.

Agents of the BNI swooped in on the suspects after they had been granted bail, but the Judge, Her Worship Justice Ellen Anokye would not have the agents disregard her bail orders without a fight.

She resisted the re-arrest and gave in only after consultation with the Chief Justice.

Friday Morning, Lawyer for the suspects said he has filed a contempt case against the BNI for flagrantly disrespecting the orders by the court.

“We are citing them (BNI) for contempt,” Evans Anaba told Joy News, adding, "technically as it stands now they are on bail. A court of competent jurisdiction, after weighing the evidence, says that there is no evidence in keeping them in custody and subsequently ordered that they be released.”

The police have declined comment on the matter but a lawyer, Kissi Adjabeng told Joy News the BNI or any arresting official may be undermining the authority of the court if he goes ahead to re-arrest a suspect on the same offence after that suspect has been granted bail by the court.

He explained a suspect can only be re-arrested on another offence, adding, if the BNI or police is unimpressed with the judge’s approval for bail, it can only proceed to a higher court for the bail approval to be set aside.

“If you think the court was wrong in granting bail, you do not take the law into your own hands. You undermine the court’s authority. If you think the Court made a mistake in law by granting bail, you take steps within the bounds of the law to have that decision set aside.

“If you, an authority, decide the court is wrong and so you are going to take the law into your own hands by teaching the court the law, that is unacceptable,” he stressed.

On the contrary, he said, the police or BNI can withdraw charges levelled against a suspect in court, only then can they re-arrest the suspects.

He reiterated that if the police or the BNI re-arrested the suspects on the same offence when they had been granted bail, then they are breaking the law.


Story by Nathan Gadugah/Myjoyonline.com/Ghana