Ivy Benson
13 November 2009
Counsel for Mr. Asamoah Boateng, former Information Minister, Nene Amegatcher, has requested a Human Rights Court (HRC) to make an order for the Inspector General of Police (IGP), Mr. Paul Tawiah Quaye, to arrest the Director of the Bureau of National Investigations (BNI), Mr. Yaw Donkor, Josephine Gandawiri and Stephen Abrokwa personnel of the security agency, for disobeying the orders of the court.
The application followed the failure of the BNI officials to appear in court yesterday, notwithstanding the order of the court, presided over by Justice U. P. Dery, that they should appear before it, and openly answer contempt charges leveled against them by the former Minister of Information, Mr. Stephen Asamoah-Boateng, and three other persons.
However, the court declined to make any such order, saying, "I do not think I want to issue any bench warrant."
The court has therefore adjourned the case to January 20, 2010, by which time the Court of Appeal would have resolved the issue before it, after a representative of the Attorney General, Ms. Helen Kwawukume, Chief State Attorney, indicated that it had filed an appeal against the orders of the court, and a stay of proceedings before the court of Appeal, and for that matter needed an adjournment.
The decision of the court took into consideration the fact that the judge was going for an annual leave, and would resume next year.
Mr. Amegatcher argued that the court was not mandated under the laws to stay proceedings in the face a stay of proceeding and an appeal filed before a higher court, unless the court was expressly told to do so.
The court had earlier declined to grant the request of the Attorney-General's (A-G's) Department for the issue to be held in camera, in order to protect the identity of the Security personnel.
Mr. Asamoah-Boateng, his wife, Zuleika, Jennifer Lorwiah, Nana Yaw Asamoah-Boateng and Andrew Asamoah-Boateng instituted a contempt of court action against Mr. Yaw Donkor, Josephine Gandawiri, Mr. Stephen Abrokwa, all BNI officials, together with the A-G, for preventing them from traveling outside the country on two occasions, without recourse to a court order.
The applicants are seeking an injunction to restrain the BNI from further preventing them from traveling without a court order. While the application was pending, they claimed the BNI, again, disregarded the action, and prevented them from traveling again at a later date.
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