Alleged Cybercrime: Sammy Gyamfi moves to halt “Unlawful” CID Investigations
The National Communications Officer of the National Democratic Congress (NDC), Sammy Gyamfi, has gone to an Accra High court for an injunction on steps by the Criminal Investigations Department (CID) of the Ghana Police Service to examine his personal items in an investigation of alleged cybercrime offenses.
Sammy Gyamfi is seeking a court order of interlocutory injunction directed at the Attorney General Respondents (1st respondent) and Inspector General of Police (2nd respondent) from inviting or harassing him nor accessing his phone records and Facebooks information in lieu of pending investigation.
According to Godwin Kudzo Tamekloe Esquire, counsel for Sammy Gyamfi, the move by the police department is an “unlawful interference with [his] right to privacy recognized under article 18(2) of the 1992 Constitution of Ghana.”
He explained that the Police Department showed no proof of foul play by the investigated, in acquiring a permission from a district court in Kaneshie to access his phone and Facebook information.
“The 2nd Respondent (Inspector General of Police) has failed and or neglected to show the said item and or document that the Applicant is alleged to have forged to warrant the release of phone records of the Applicant.
“That the 2nd Respondent ( Inspector General of Police) has not provided any justifiable legal basis whatsoever to request for my phone records.
“That the 2nd Respondent (Inspector General of Police) has not provided any justifiable legal basis whatsoever to request for my Facebook information”
The counsel for Sammy Gyamfi asserted that, the district court lacked jurisdiction and erred in authorizing the Inspector General of the Police to proceed in acquiring certain personal information of his.
“That the District Court lacked jurisdiction and erred in law when it purported to make the two orders aforesaid upon the applications by the Respondents herein, which orders sought to derogate from fundamental human rights and freedoms enshrined in chapter 5 of the Constitution, 1992 and without regard for binding judicial precedent from the Superior Court.”
Sammy Gyamfi is seeking from the High Court of Justice (Human Rights Division)
“An order restraining the Inspector General of Police from proceeding to examine the phone records of the Applicant pending the determination of the Application”
“An order restraining the 1st Respondent, 2nd Respondent, the Criminal Investigations Department of the Ghana Police Service and/or their agents, officers or assigns from proceeding with efforts to access information on my Facebook account with User Name SAMMY GYAMFI with User ID URL WWW.FACEBOOK.COM/SAMUEL.GYAMFI. 94064.”
Source: Jonas Danquah
