Lawyer and Senior Vice President of IMANI Africa, Kofi Bentil, has described the National Intelligence Bureau’s (NIB) attempt to arrest Member of Parliament Ntim Fordjour at his home as unlawful, stressing that the MP’s actions fall well within his rights as a citizen and as an MP.
Speaking on Joy FM’s Super Morning Show on Thursday, April 10, Mr Bentil raised concerns about the legality and conduct of the operation.
“This whole idea of them going to arrest somebody in his house, there are so many levels to it. Even if the person has committed a crime, and you want to arrest him, you need a warrant. If you arrest him, he doesn’t have to say anything, you have to do the investigations, show him what crime he has committed, put him before a court and have him prosecuted,” he said.
He described the approach used by the NIB as troubling, particularly the use of armed officers who allegedly failed to identify themselves or present a warrant.
“So this whole business of going there without a warrant, going there without showing your face, going there armed, is just not right,” Mr Bentil said.
Addressing the issue of freedom of speech, Mr Bentil defended Ntim Fordjour’s right to express himself and ask questions, especially as a Member of Parliament.
“Ntim Fordjour is operating on separate different levels. Every one of us has the right to freedom of speech, you can say whatever you want to say as long as you don’t insult somebody or you don’t commit a crime with the things that you have said, those include voicing out suspicions,” he stated.
Mr Bentil further cited Article 41 of Ghana’s Constitution, which encourages citizens to hold public officials accountable. He said public officers, including the President, must respond to such queries honestly and responsibly.
“As a citizen, he can also question public officers all the way to the president and ask questions of them. Article 41 of our constitution enjoins him to do that, and public officers owe it to the citizenry to answer candidly, honestly and to the best of their ability and knowledge using state resources,” he said.
Kofi Bentil therefore questioned the basis for the attempted arrest and stated that, “To the extent that Ntim Fordjour is asking questions and demanding answers, he has not committed any crime. He is a Member of Parliament, and he can also do so as an MP. I don’t know what crime he has committed by the questions he has asked.
“If he has made allegations that are not true, it is of the person arresting him to prove that those allegations constitute a crime and then he that person saying it is a crime should go to court and prosecute and find him liable. He does not have to cooperate in his own investigations,” he said.
Read also: ‘Suspicious flight’ saga: NIB operatives storm Ntim Fordjour’s residence to execute arrest warrant
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