The High Court (General Jurisdiction Division), in a judgment dated January 16, 2025, has ordered the Ghana Immigration Service to pay a total of GH¢910,000 in damages and lost earnings for preventing Kwabena Baffour Asare from traveling to Germany on June 18, 2022.
The High Court, presided over by Justice Ayitey Armah-Tetteh, ruled that the Plaintiff’s wrongful arrest and detention on June 17, 2022, on the grounds of being on a Ghana Police Service stop list, constituted a violation of his right to freedom of movement both within Ghana and out of the country.
The Court further upheld the arguments of the Plaintiff’s counsel, Reindorf Twumasi Ankrah, stating that the Ghana Immigration Service acted negligently by detaining the Plaintiff and preventing him from traveling to his ordinary residence in Germany on the second day of his attempt to leave the country.
In recognition of the Plaintiff’s losses, including the loss of his job due to his detention and inability to be in Germany as scheduled, His Lordship Armah-Tetteh ruled in favor of the Plaintiff and delivered judgment as follows:
“1. General damages of Ghs650,000.00 for negligence and unjustifiable violation of Plaintiffs.
2. Loss of earnings of Ghs250,000.00
3. Special damages of Ghs10,000.00
4. Costs of Ghs50,000.00 in favour of Plaintiff.”
The Court reached this conclusion after a thorough analysis of laws on negligence and the duties owed to individuals, even in the presence of a legal obligation.
This included an examination of Sections 9, 10, and 12 of the Immigration Act, 2000 (Act 573), as well as constitutional provisions on freedom of movement and personal liberty in Ghana.
