BNI defies court order; whisks 3 ex-SA cops away

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 are met has been defied by the Bureau of National Investigations (BNI).

The Circuit Court, presided over Her Lordship Patricia Quansah, on 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.

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 GHc20,000.00 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, provoking the anger of Lawyer Atta Akyea, who is one of the lead counsels for the accused.

Mr. Akyea commenting on the incident in an interview with Kasapa 102.3 FM News’ court correspondent said he was disappointed by the action of the BNI operatives.

“It is in bad taste because we are disrespecting the laws of Ghana and these are foreigners. Don’t give any impression that this is a Kangaroo country in which they treat people anyhow. How can a court of competent jurisdiction say that take the accused persons to the registrar and then go and look at the houses of the sureties so that bail is granted then you just whisked them away, defy the orders of the court and you send them back to the BNI. What kind of arrangement is this?” he fumed.

He added “it is going to carry far-reaching consequences for them. If they do not uphold to the bail processes and they are detained and we are almost in the holidays it will have serious implications. We are not going to joke with this matter. It was deliberate. We are not going to fight them but we will use the law to bring them to order”.

He said the action of the BNI meant they were curtailing to the liberty of the three ex-service men, stressing that once an individual is brought to court, the security of that person is surrendered to the court.

That aside, once that person is admitted to bail, “His or her whole faith is with the court and not with the investigator. So, why do you take them back? This is not law"