Sammy Gyamfi to refuse CID invitation following lawsuit

The National Democratic Congress (NDC) Communications Officer, Sammy Gyamfi, says he will not honour any invitations by the Criminal Investigations Department (CID) after he sued to stop the police from examining his phone records and gaining access to his Facebook account.

Mr. Gyamfi, in a letter from his lawyers to the CID on December 23, said honouring the invitation could prejudice the court case.

According to him, he was first invited to the CID over his alleged involvement in forgery and attempts to spread false information to cause fear and panic.

“In as much as we wish to honour your invitation due to the respect we have for your institution, our client instructs us that we cannot honour your invitation due to change in circumstances which are that our client has filed an Application for the enforcement of his fundamental human rights at the High Court in relation to the matter being handled by your office and an application for interlocutory injunction which have both been served on you…

The decision to turn down your invitation is purely on the grounds that honouring your invitation especially when we have misgivings and concerns about how the whole matter has been handled which are a threat to the constitutional rights of our client will not only prejudice the matters before the court but also have the potential to render such matters moot which we are not prepared to do so due to the respect we have for the judicial authority of the High Court which we are enjoined including your institution to do so by the 1992 Constitution of Ghana.”

Mr. Gyamfi filed the lawsuit at the Accra High Court, demanding an injunction on an earlier court warrant by the Kaneshi District Court for the seizure of his electronic gadgets.

He argued in the suit that the police “failed to establish any legal basis to have access to the Applicant’s phone records when it failed to show any probable cause that the Applicant has or is about to commit the alleged crime to justify the revocation of the Applicant’s right to privacy and the protection of same.”

He also said the police are yet to provide the document he allegedly forged “and any evidence of the said forgery.”

The forgery claims are said to have been made by the Jubilee House.

But Mr. Gyamfi noted that the claims have not been attributed to any particular individual at the Jubilee House.

Find below the full letter Dear Sir,

REPLY TO INVITATION OF SAMUEL GYAMFI BY THE CYBERCRIME UNIT OF THE CID

We write as solicitors for and on behalf of Sammy Gyamfi (hereinafter called “Our Client”) on whose instructions we act.

Our client instructs us that he was invited by your officer by name ACP Herbert Yankson, of the Cyber Crime Unit to assist your institution to conduct an investigation based on a complaint allegedly lodged by the Jubilee House on the basis that our client has allegedly indulged in committing the offences of forgery and spreading of false information to cause fear and panic which allegations our client denies strongly.

Based on the invitation by your institution, our client being a responsible and law-abiding citizen honoured your invitation on the 23rd day of December 2019 at the Police Headquarters. However, it is instructive to note that while being at the Police Headquarters, we were informed that the meeting could not take place as scheduled because ACP Herbert Yankson intimated that he had other engagements and will be available only after 3 pm.

Despite the rescheduling of the time which we only got to know at the Police Headquarters, we still showed the willingness and desire to wait till 3 pm but our offer to stay till that time was refused and rescheduled for 24th December 2019.

In as much as we wish to honour your invitation due to the respect we have for your institution, our client instructs us that we cannot honour your invitation due to change in circumstances which are that our client has filed an Application for the enforcement of his fundamental human rights at the High Court in relation to the matter being handled by your office and an application for interlocutory injunction which have both been served on you through Evelyn Owusu(Secretary).

The decision to turn down your invitation are purely on the grounds that honouring your invitation especially when we have misgivings and concerns about how the whole matter has been handled which are a threat to the constitutional rights of our client will not only prejudice the matters before the court but also have the potential to render such matters moot which we are not prepared to do so due to the respect we have for the judicial authority of the High Court which we are enjoined including your institution to do so by the 1992 Constitution of Ghana.