ANTI-TERRORISM ACT, 2008 (ACT 762)

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SECTION 35 IS HEADED – POWER TO PREVENT ENTRY AND ORDER THE REMOVAL OF PERSONS
Subsection (1) The Director of Immigration or an officer authorised by the Director shall not grant an endorsement or authority to permit a person to enter this country if there are reasonable grounds to suspect that the person is, will or has been involved in the commission of a terrorist act.

Subsection (2) Where the Minister responsible for Interior has reasonable grounds to believe that a person in this country, will or has been involved in the commission of a terrorist act, the Minister may order that person to be deported in accordance with the Immigration Act 2000 (Act 573).

QUESTIONS/OBSERVATIONS  

What is the point of this law, and purpose of Section 35? In sum, it has one single simple but dual purpose to:

1. PROHIBIT a person SUSPECTED of involvement in acts of terrorism, including potential association with terrorism, from ENTERING Ghana.
2. REMOVE from Ghana a person of the description in (i) above who has already gained entry.

Who does the suspicion and prevention of entry? The Director of Immigrations or his/her authorised officers whom we encounter at Kotoka and all the boarders – entry points.

Can a person (non-citizen) enter Ghana without immigration clearance? It would seem that isn’t possible unless one is President of some other country or on a diplomatic mission to Ghana as GUEST of President Mahama or the Republic. I do not know what the mechanics are in waving immigration clearance in this or any other situation.

Did the Gitmo 2 need immigration clearance?

Did they get it upon arriving at Kotoka?

Can a non-citizen stay/live in Ghana without it?

Granted they were guests of the President, by what law are they able to live in the Republic for two long years in what status and without a process at immigration. Foreigners who have to visit offices of the immigration service regularly to comply with law to avoid sanctions including deportation will surely envy the Gitmo 2. Yes, and I assume they won’t be working so they won’t need the all-important pre-requisite Work Permit.

Does the Interior Minister, at least, BELIEVE they have had any connections with acts of terrorism and therefore must be removed from Ghana by exercising the power granted him in subsection (2)? HE DOES NOT. REMEMBER THEY ARE NOT TERRORISTS. NO COURT HAS SO COVICTED THEM, LIKE BIN LADEN WAS CHARGED, TRIED AND CONVICTED. IN FACT, THEY ARE ONLY “LOW RISK” IN WHATEVER BUT CERTAINLY NOT EVEN REMOTELY CONNECTED TO ACTS OF TERRORISM. HIS JOB IS ONLY TO ENSURE, AS HE ANNOUNCED, THEY ARE MONITORED 24/7 WHILE SHARING HOME WITH NATIONAL SECURITY. YES, THAT’S HOW HAMLESS THEY ARE.

Please note that I have not asked if the President has breached this law? Yes, he hasn’t because he is not the one to raise the suspicion and to prohibit entry or remove one who has entered. That’s the debate in town and I elect to quietly enjoy it.  When you see armed robbers in operation, call the Police. Let them make the reasonable suspicion and act or just shut up! That’s the character of this law.

GOD BLESS GHANA.   

Samson Lardy ANYENINI [19-01-16]