Following the much-criticized arrest of Dr. Edmund Ayo Ani, Managing Director of a quarry company, Marbles and Granite for allegedly circulating photos of vehicles, branded in National Democratic Congress (NDC) colours, private legal practitioner, Ace Ankomah, has stated that the man’s rights have been violated.
According to Ace Ankomah, Dr. Ani’s alleged offense of taking unauthorized photos is at worst a civil issue but definitely not criminal as his arrest suggested.
[contextly_sidebar id=”cROIAPhdXBHmnbgegUkNL28affk8Qm9J”]The Bureau of National Investigations (BNI), eventually released Dr. Ayo Ani on Sunday afternoon, after he was picked up by the Police on Friday with two others.
They were handed over to the BNI for their involvement in the circulation of photos of vehicles which were allegedly procured for the National Commission for Civic Education (NCCE), but were being re-branded to aid the NDC’s campaign ahead of the November elections.
Sources within the National Security later clarified that the Police rather arrested them, following a complaint lodged by the National Security Adviser, Alhaji Baba Kamara.
According to Alhaji Baba Kamara, who owns the land on which the cars were allegedly being sprayed, it was wrong for someone to take photos of an activity of his premises and circulate them.
No law against taking unauthorised photos
But speaking on the Citi Breakfast show, Ace Ankomah argued that there was no law under which Dr. Ayo Ani could be charged for taking unauthorized photos, noting that if taking unauthorized photos was an offense, Investigative Journalist Anas Aremeyaw Anas, would be considered a criminal.
“Let’s assume that the Managing Director of the next door private company takes a picture of cars, party vehicles, not state vehicles, parked on the land of a private company… I am struggling to see under which law he could be charged with an offense. I haven’t seen one.”
He suggested that Dr. Ayo Ani should not have been arrested for an offense that is non-existent, saying, “Article 19(11) says you cannot convict a person for a non-existent criminal offense.”
He said the matter can only constitute a breach of privacy and that Alhaji Baba Kamara should have filed a civil suit instead of taking criminal action.
“It may be a breach of their right to privacy. It is a civil action. It is not a criminal action. You cannot arrest the person for something which is not an offense.”
Ghana to suffer in the long-run
Lawyer Ankomah said such unlawful detentions could only cost the state when the victim is finally found not to have committed any offense and decides to pursue an action against the state.
He identified four possible breaches of Dr. Ayo Ani’s rights noting that, “you have breached that that persons concessional right to personal liberty… 2) damages for unlawful arrest, 3) damages for false imprisonment, possibly 4) damages for trespass to person.”
“Ultimately, it is Ghana that pays these monies. The people who do these things and expose the people to such liabilities never end up paying,” he added.
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By Delali Adogla-Bessa/citifmonline.com/Ghana