…Over detention of Four Soldiers

Wives of the four soldiers of the 64 Infantry Regiment of the Ghana Armed Forces (GAF) who were recently arrested by the Bureau of National Investigations (BNI) in collaboration with the Defence Intelligence (DI) of the Ghana Armed Forces (GAF) are up in arms against the Director of the BNI and the Attorney-General, challenging the basis for the ‘unlawful’ detention of their spouses.

The better halves of the four detained soldiers in a suit filed at the Human Rights Division of the High Court in Accra, challenged the A-G and the BNI boss to produce “the bodies” of the said Sergeants Michael Arthur and Richard Somuah as well as Corporals Charles Ankomah and Emmanuel Antwi in Court tomorrow and “STATE THE GROUNDS FOR THEIR DETENTION BY THE BUREAU OF NATIONAL INVESTIGATIONS WITHOUT RECOURSE TO THEIR CONSTITUTIONAL RIGHTS UNDER THE 1992 CONSTITUTION”.

Counsel for the embattled soldiers, Joe Aboagye Debrah who confirmed these recent developments to The New Crusading GUIDE, stated that what the BNI had done was of no consequence in law, adding that “YOU MAY BE HOLDING THEM FOR SUBVERSION OR MURDER BUT YOU MUST STILL BRING THEM TO A COURT OF COMPETENT JURISDICTION AND PRESENT YOUR CASE FOR THE COURT TO DETERMINE”

In the midst of the controversies and questions raised about the reasons for the arrest and incarceration of the four soldiers, Madam Felicity Arthur on behalf of her husband (Emmanuel Arthur) and the wives of the other three soldiers, upon advice of her counsel, stated in an affidavit that “under Ghana’s 1992 constitution, more particularly Article 33 thereof and pursuant to Habeas Corpus Act, 1964 (Act 244), the applicants herein now detained at an undisclosed location can and do hereby apply for an order of Habeas Corpus directed against the Director of the Bureau of National Investigations and the Attorney General of the Republic of Ghana” to produce the soldiers and state the reason for their continued detention without the authority or sanction of any court of competent jurisdiction. In her statement of affirmation, Madam Arthur said that “THE CONTINUED INCARCERATION AND DETENTION OF OUR SPOUSES BY THE BUREAU OF NATIONAL INVESTIGATIONS AND/OR ANY OTHER STATE INSTITUTION OR BODY WITHOUT RECOURSE TO LAW IS A BREACH OF THE 1992 CONSTITUTION, MORE PARTICULARLY ARTICLES 12 AND 14 THEREOF”.

According to her, they (wives) have been traumatized by the continued unlawful detention of their spouses and the denial of knowledge by the same arresting authorities of their whereabouts, adding “WE HAVE NO RECOURSE BUT TO SEEK REFUGE UNDER THE LAW FOR THE PROTECTION OF THEIR RIGHTS AS CITIZENS AND SERVING SOLDIERS OF THE REPUBLIC OF GHANA AND TO SECURE THEIR LIBERTY ACCORDINGLY”.

Since the arrest of the soldiers on November 13 and 14, 2009 respectively, no charges have been laid against them, neither have they been brought before any court of competent jurisdiction to be formally charged under law. Madam Arthur narrated that “the last time I saw my husband was on November 14, 2009 when he was brought to the house in handcuffs and our house was thoroughly searched by the BNI and Military Police after which my husband was taken away again amidst wailing and tears from us”

She continued in her statement that on that same day, the house of Sergeant Somuah was also searched by the same officers.

“WE HAVE BEEN ADVISED BY OUR COUNSEL AND VERILY BELIEVE SAME TO BE TRUE THAT THE CONTINUED INCARCERATION OF OUR SPOUSES AT UNDISCLOSED LOCATIONS SINCE NOVEMBER 13, 2009 WITHOUT ACCESS BY COUNSEL OR FAMILY MEMBERS AND WITHOUT THE FIAT OF ANY COURT OF COMPETENT JURISDICTION OF THE REPUBLIC OF GHANA IS A FLAGRANT ASSAULT ON THE FUNDAMENTAL HUMAN RIGHTS OF OUR SPOUSES AS DEFINED IN THE 1992 CONSTITUTION OF THE REPUBLIC OF GHANA”, she stated on behalf of the other wives. Readers would recall that the Tuesday, November 24, 2009 edition of The New Crusading GUIDE in a story under the headline; “ARREST & DETENTION OF FOUR SOLDIERS…. A Case Of Alleged Subversion Or Murder?”, confirmed the arrest and incarceration of the four military personnel.

It was stated categorically in the story that the media reports that the four soldiers had been arrested for their alleged role in the 2007 murder of Mr. Rokko Frempong, a former Deputy Managing Director of Ghana Commercial Bank (GCB), appeared doubtful and even dubious.

The paper went on to explain in the publication that the reasons were doubtful and dubious because our usually reliable sources within the Defence Intelligence(DI) of the Ghana Armed Forces(GAF) had intimated to our roving intel scouts that the four soldiers were apparently apprehended by operatives of National Security on suspicion of being involved in some sort of subversive activities against the security of the State rather than the 2007 murder of the former Deputy Managing Director of the Ghana Commercial Bank (GCB) as speculated in sections of the Ghanaian media.