Information available to The Independent indicate that Albert Hamid Odinga, the Belize national presently in the custody of the Bureau of National Investigations (BNI) is to go on hunger strike to compel government to bring him to justice or free him.
Our sources within the BNI maintain that Odinga has not been in the best of shapes since he was detained a little over a year ago. Though our efforts to make contact with Odinga were not successful, it was clear that Odinga has had to resort to the option of embarking on a hunger strike to force government to take a decision on him. Some human rights activists have also raised issues with the way the Odinga affair is being handled and have called on Amnesty International and the Ghana Committee on Human and People?s Rights (GCHPR) to take up Odinga?s case.
Odinga?s application to the then Fast Track High Court for a ruling that his detention was unlawful had Mrs. Justice Agnes Dodzie, the presiding Judge ruling on February 19 this year that the arrest and detention of Odinga was lawful with a reasonable explanation by the BNI. Mrs. Dordze however said ?I , however, find the period he has been kept without effecting the deportation order rather long?.
The Judge, therefore ordered that if the BNI found it impracticable after one month from February 18, 2002, it should make a supervision order under section 40 of the immigration act in respect of Odinga. In an affidavit deposed on January 10th this year to the High Court, Odinga said: ?I am not in very good health. My eyes and ears are deteriorating. I have been to see the BNI doctor twice in the time that I have been here. He has on both occasions prescribed antibiotics, multivitamins and painkillers. On Christmas day I was informed by a supervisor attached to the BNI that the BNI doctor has recommended that I see a specialist for both my eyes and ears. Due to the condition of my ears I frequently lose my balance. I have also lost one of my teeth. I believe that the problem with my eyes, ears and teeth are due to my being locked up for most of the day every day.?
Odinga further states that ?during the Christmas season, I contracted malaria. I had a high temperature and suffered severe chills. My request for a blanket was turned down on the grounds that I may use it to hang myself?. Odinga, soon-to-be 60 and described as a journalist, has been in BNI custody for exactly one year, three days today with failing health. On June 9, last year, state security operatives stormed a house within the vicinity of former President Rawlings? residence and picked Odinga up. He was subsequently charged with making ?False Reports Injuring the Reputation of State? contrary to Section 185 (1) of Act 29 (Criminal Code), 1960.
The statement of offence made available to the Osu Community Tribunal when he appeared before it last year read thus: ?Albert Hamid Odinga: Aged 59, Journalist. For that you in Accra in the Greater Accra Region and within the jurisdiction of this reputation did communicate a statement or rumour of a report which is likely to injure the reputation of Ghana or the government which you knew or has reason to believe is false.?
The facts as made available by Chief Inspector George Abavelim of the Ghana Police Service to the Tribunal are as follows: ?The Accused, Albert Hamid Odinga is a Belize national who initially entered Ghana in 1992, but was deported in 1980 as illegal immigrant when his stay permit has expired. Following a tip-off that Odinga had returned to the country and was operating as Counter-Intelligence Agent, the Security Agencies mounted a special operation and arrested the accused in a house at the Ridge residential area. Investigation continues?. An interesting twist to the Odinga Affair that this paper has found out is that even though former Interior Minister Malik Al-Hassan Yakubu by Executive Instrument Number 11 (E.I.11) with Gazette notification on July 6, 2001 issued a deportation order against Odinga, it is yet to be executed. The order, which was titled Deportation Order, 2001 read thus: ?Whereas in the opinion of the Minister for the Interior, the presence in Ghana of Albert Hamid Odinga is not conducive to the public good; now therefore in exercise of the powers conferred on the Minister for the Interior by Section 36 of the Immigration Act, 2000 (Act 573) this Order is made this 21st day of June, 2001. Albert HAMID Odinga is hereby ordered to leave Ghana on the 25th day of June 2001 and thereafter remain out of Ghana?.
In his affidavit, Odinga contends amongst others that ?? the making of a deportation order against me without being an opportunity to be heard in my defense, or being given reasons in writing or at all was inconsistent with my legitimate expectation and was thus in clear contravention of Articles 23 and 296 of the Constitution and indeed the spirit of the Constitution.? Odinga also contends that? ?The making of a deportation order against me without being given an opportunity to be heard in my defense, or being given reasons in writing or at all or being permitted to submit reasons against my deportation are inconsistent with provisions of Article 13 of the International Covenant of 1966 on Civil and Political Rights.? Some human rights activists who spoke to this paper on condition of anonymity said they intend to find out from Government and the BNI the reason for Odinga?s continuous detention in the coming days.
