Alhaji Mohammed Mubarak Muntaka, Minister for Interior, yesterday goofed in major fashion when he told parliament that the National Investigations Bureau (N.I.B) attempted to arrest Mr Ernest Kumi, the New Patriotic Party (NPP) Member of Parliament (MP) for Akwatia, on Friday, March 7, 2025.
According to Alhaji Muntaka, the arrest was intended to enforce a bench warrant issued by the High Court for contempt.
The revelation by Alhaji Muntaka exposed the fact that the government of President John Dramani Mahama has been unlawfully abusing the National Security Council and the Security and Intelligence Agencies Act, 2020 (act 1030), to pursue his political opponents.
According to Muntaka, the attempted arrest was in pursuance to a Bench Warrant issued by a High Court. In Ghana, High Court Orders and Warrants are regularly executed or expected to be executed by the Ghana Police Service. Additionally, the National Investigations Bureau (N.I.B), has no such power or functiuon under the law to carry out such arrests.
The N.I.B currently operates under Section 12 of Act 1030, which provides as follows;
“The Departments existing immediately before the coming into force of this Act and known as the Bureau of National Investigation now referred to as the National Intelligence Bureau and the Research Department respectively are continued in existence under this Act as the Internal and External Intelligence Agencies of the State.”
These organizations, under Act 1030, operate under the National Security Council, whose functions are provided for under Section 4 of Act 1030.
Section 4 states;
“The functions of the Council, in accordance with article 84 of the Constitution, include (a) considering and taking appropriate measures to safeguard the internal and external security of Ghana; (b) ensuring the collection of information relating to the security of Ghana and the integration of the domestic and foreign policies relating to the security of Ghana so as to enable the security services and any other departments and agencies of the Government to co-operate more effectively in matters relating to national security; (c) assessing and appraising the objectives, commitments and risks of Ghana in relation to the actual and potential military power in the interest of national security; and (d) taking appropriate measures regarding the consideration of policies on matters of common interest to the departments and agencies of the Government concerned with national security.”
Section 4 is virtually a word for word repetition of Article 84 of the 1992 Constitution.
Alhaji Mohammed Mubarak Muntaka, Minister for Interior, on Tuesday told parliament that the warrant for the arrest of the Akwatia MP, dated February 19, 2025, was served at the National Investigations Bureau’s (NIB) Eastern Regional Office through the National Security Coordinator.
The Interior Minister gave the explanation when he responded to an urgent question by Mr. Alexander Kwamena Afenyo-Markin, the NPP MP for Effutu in Parliament House, Accra.
Mr. Afenyo-Markin, also the Minority Leader inquired about the circumstances surrounding the attempted arrest of the Akwatia MP by ten operatives of the NIB in three official pick-up vehicles on Friday March 7, 2025 in Akwatia.
As a result, the Interior Minister said the attempted arrest was merely an effort to carry out the High Court’s orders.
“Mr. Speaker, the Koforidua High Court on 19th February issued a Bench Warrant for the arrest of Ernest Yaw Kumi, the Member of Parliament for Akwatia Constituency.
“The warrant was served at the NIB’s Eastern Regional Office through the National Security Coordinator. The circumstances surrounding the attempted arrest of the Member of Parliament by the officers of the NIB was therefore to carry out the orders of the High Court per the warrant dated 19th February 2025 for committal for contempt,” he said on the Floor of the House.
However, Act 1030 is also clear that the National Security Coordinator and the National Investigations Bureau’s (NIB) Eastern Regional Office has no such mandate. On functions of regional Security Council, Act 1030 sttaes;
“Without limiting subsection (2) of section 5, the functions of a regional security council in a region are to (a) provide early warning signals to the Government of the existence or likelihood of a security threat to the region, the country or the Government; (b) take appropriate measures, in consultation with the Council, to ensure peace in conflict areas in the region; (c) take measures to ensure peace building in, and the unity and stability of, the region; (d) take immediate steps to ensure law and order and assist the affected population in the event of an emergency or a disaster in the region; and (e) perform the functions of the Council assigned to that regional security council by the Council.”
