By Stephen Kwabena Effah
January 10, 2012
The Human Rights Court has ordered the Director of Bureau of National Investigations (BNI) and the Attorney-General (AG) to produce Deputy Superintendent of Police (DSP) Gifty Mawuenyega before the court tomorrow to justify why she is being held in custody.
DSP Mawuenyega, who is the Deputy Commander at the Commercial Crime Unit at the Police CID Headquarters, is being held for her alleged involvement in the cocaine-turned-baking soda saga that led to the acquittal and discharge of the suspect, Nana Ama Martins.
However, following an ex-parte motion for an order of habeas corpus, the court presided over by Justice Kofi Essel Mensah, ruled yesterday that the reason for DSP Mawuenyega’s continuous detention was unknown.
He consequently ordered the two respondents to produce the body of DSP Mawuenyega to show cause to the court as to why she had not been granted bail since December 29, when she was detained by the BNI
Moving the motion yesterday, counsel for DSP Mawuenyega, Mr. Oliver K. A. Dzeble, told the court that his client who is a police officer was arrested by the BNI on December 29, 2011 and has since been in custody.
According to him, DSP Mawuenyega is only suspected to have played a role in the trial of a narcotic suspect, Nana Ama Martins, who was acquitted and discharged by an Accra Circuit Court.
He described as “unreasonable,” the continuous detention of his client beyond the 48 hours prescribed under Article 14 of the constitution, and argued that “the reason for her detention does not constitute a criminal offence.”
DSP Mawuenyega’s arrest followed investigations commenced by the BNI to establish the circumstance under which the cocaine, which had been tendered in evidence as exhibit, mysteriously turned into sodium bicarbonate.
The investigation was ordered by President John Evans Atta Mills, and the BNI has since January 6, presented its report to the President. The contents of the report are yet to be made public.
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