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The lobby group, OccupyGhana, wrote a letter to the Minister of National Security, in which he sought, among other things, the legal basis for the deployment of a special force during the by – election. Ayawaso West Wuogon last Thursday.
In what he calls a "statutory notice" addressed to Albert Kan Dapaah, OccupyGhana also asks for an explanation of the circumstances in which the police facilitated the acts of the unknown working group by providing vehicles or other logistics for their operations. the day of the accident. election.
Photo: Albert Kan Dapaah Minister of National Security
The working group, masked and heavily armed, stormed a polling station in La Bawalashie and shot at people involved in the electoral process.
It is unclear what could have prompted armed security personnel to shoot and wound at least six people, but the police launched a full-scale investigation.
President Addo Dankwa Akufo-Addo also set up a commission of investigation to review the shooting incident widely condemned.
The pressure group, made up of prominent lawyers and other Ghanaian professionals, said: "Concerned about the legality of this force, we have verified the Constitution (in particular Articles 83 to 85, 200 and 210) and all laws relating to national security and justice. have found no law that supports the force deployed by your office. "
The group warns the minister, "If we do not hear you, we will go to court to ask for corrective measures, including (a) to provide the information requested above, (b) to declare the said force illegal, (c) ) order the dissolution of the force, (d) require you to account for all the money spent to maintain this force, and (e) further order that all such sums be reimbursed to the State, the expenses relating to that force being contrary to the law. "
Read in full the letter addressed to Mr. Kan Dapaah, with a copy to the Attorney General and the other persons below.
February 6, 2019
The Honorable Minister of National Security
Accra
Mr. Albert Kan Dapaah
Dear Sir:
DEPLOYMENT OF A FORCE ARMED BY THE NATIONAL SECURITY COUNCIL.
During the January 31, 2019 by-election in the Ayawaso West Wuogon constituency in the Greater Accra area, your office deployed an armed force (not established by law) to ostensibly perform retention functions. of order.
We saw video footage of these men, dressed and carrying arms, engaging in acts of violence that we condemned in our public statement of February 1, 2019.
We also saw that some of these men were driven in vehicles bearing the name and insignia of the Ghana Police Service and were, in some cases, accompanied or led by persons who appeared to be regular police officers.
Concerned about the legality or otherwise of this force, we have verified the Constitution (in particular articles 83 to 85, 200 and 210) and all laws relating to national security and found no law corroborating the force deployed by your office.
Mr. President, Ghanaians have exercised our "natural and inalienable right to establish a framework of government", which is necessary to guarantee to us and posterity the benefits of freedom among others.
It is for this reason that our Constitution affirms that "all the powers of the government derive from the sovereign will of the people", "whose name and well-being from which the powers of the government are to be exercised in the manner and in the limits laid down in [the] Constitution. "Thus, any act and / or omission threatening these aspirations and the legitimate expectations of Ghanaians should awaken the concerns of all responsible and well-meaning Ghanaians.
Therefore, we write to ask you to indicate to us:
I. The legal bases on which you have collected, maintained and deployed this force, of any kind;
ii. The circumstances in which the Ghanaian police facilitated the actions of this force by providing vehicles or other logistics for the day's operations;
iii. The reason and the need to maintain the said force outside the services legally and constitutionally recognized by law;
iv. The procedure of recruitment of persons into the said force; and
v. Financial arrangements made to maintain this strength.
We are asking for answers to these questions because the powers of the government, as required by law, must be exercised on the one hand in the well-being of those who have been inexcusably violated by this force. and, on the other hand, "in the manner and within the limits [the] Constitution."
This letter is a formal request for information under Article 21 of the Constitution. In addition, it means that we have a legal intention to take the measures that are against the government if you fail to answer the questions we have raised.
So, if we do not hear from you, we will go to court to ask for corrective action, including (a) without providing: the information requested above, (b) declaring it unlawful, (c) ordering that the force be dismantled, (d) ordering you to account for all the money spent for the maintenance of that force, (e) and ordering furthermore that all these sums be reimbursed to the State, the expenses relating to that force being contrary to the law.
We count on your cooperation
OccupyGhana®
cc His Excellency the President
His Excellency the Vice-President
Attorney General and Minister of Justice
Minister of Foreign Affairs
Defense Minister
Minister of the Interior
Minister of Finances
Chief of the Defense Staff
Inspector General of Police
The Auditor General
National Security Coordinator
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