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04.06.2009 Feature Article

Mr. Kwadwo Mpiani, BNI and matters arising

Mr. Kwadwo Mpiani, BNI and matters arising
04.06.2009 LISTEN

Events surrounding the invitation extended to Mr. Kwadwo Mpiani by the BNI and his subsequent appearance at the BNI headquarters on Tuesday, 2nd June, 2009, leaves much to be desired and lot of questions to be asked. Ultimately one would want to ask that after almost two decades of constitutional democracy, why do we continue to keep our old wineskins? Would there ever be a period that lawful security procedures will be allowed to proceed without our politicians and social commentators making a mountain out of an anthill and raising unnecessary tensions? I find the issues arising from Mr. Mpiani's invitation by the BNI as unfortunate and childish to say the least.

It is commendable that the process leading to the voluntary submission of Mr. Mpiani to the BNI was conducted with civility. However, two material issues that aroused were most unfortunate for a country that is boldly displaying her democratic credentials to the rest of the world. First the gathering of the former ministers and party supporters at the entrance of the BNI's headquarters to demand the whereabouts of their colleague was wrong and unnecessary in that Mr. Mpiani had his attorneys with him. If anything at all, his attorneys were in a better position to raise the alarm if Mr. Mpiani had gone missing and without trace.

Probably the events of the immediate past which they were privy to were replaying themselves in their minds or their apprehension were fundamentally built on any consequential fallouts from Mr. Mpiani's interrogation. What those fallouts might be are yet to be established but it is shameful for us to retrace the footprints of the past which were condemned by the same people.

Secondly, the revelations by one of Mr. Mpiani's attorneys; Mr. Yoni Kulendi on Joy FM's Morning Show; Wednesday 3rd June, 2009, that they were denied access to their client at material moments during the interrogation is an indictment of our system of rule of law and democratic credentials. If we are determined to follow civil governance and due process of law, we cannot pick and choice the components of democratic rule especially when it comes to a person's fundamental human rights to legal representation.

Constitutional rule is built on respect and defence of fundamental human rights, therefore, our national security operatives and their political superiors own it an obligation to submit investigative procedures to this vital ingredient of democratic rule. I find the exclusion of Mr. Mpiani's attorneys from the interrogation process very appalling and inexcusable on any grounds. The credibility of the state's investigative process will be called in question if matter play itself in court and that will not be good news for the case of the prosecution. I also find it appalling that Mr. Frank Agyekum at the same Joy FM´s Morning Show tried desperately to justify past events under their administration whilst condemning the present situation.

We must accept and regardless of what our political inclinations and personal linkages are, that those who run the affairs of the society must be held accountable for their stewardship. Those who have questions to answer must be made to answer them no matter who they were or they are. Mr. Mpiani is no exception, neither am I, but the due process must be respected and legal representation and access to information given priority in the process. In the same vain, just as solidarity is vital in societal relations, it cannot be used under the wrong premise to interfere in the operations of our national structures and processes. The negative past should not be reproduced in any forward looking endeavour.


credit: Frank Kofi Owusu Debrah
Politecnico di Milano
Milano, Italy
(Email: [email protected]

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