Immigration Service Ordered To Pay Germany-Based Ghanaian GH¢960,000 After Wrongful Detention

• A High Court in Accra has ordered the Ghana Immigration Service to pay GH¢960,000 to a wrongfully detained traveller
• The judge in the case said the immigration officers showed no regard for the traveller’s interests and were liable
• The immigration officers were looking for a wanted man called “Kwabena Asare,” but mistakenly detained a “Kwabena Baffour Asare”

A High Court in Accra has ordered the Ghana Immigration Service to pay GH¢960,000 in damages and costs for wrongfully detaining a Ghanaian traveller.

The traveller, Kwabena Baffour Asare, was prevented from returning to Germany to resume work after burying his mother in Ghana in 2022.

Graphic Online reported that immigration officers, who were looking for a wanted man called “Kwabena Asare,” mistakenly detained “Kwabena Baffour Asare.”

He was subsequently detained and taken to the Ghana Immigration Service headquarters before being handed over to the Ghana Police Service at the Adenta Police Station. After taking his statement, the police determined that he was not the wanted individual and released him.

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Despite obtaining a police extract confirming his innocence, Asare was once again prevented from boarding his flight on June 18, 2022. He was finally allowed to travel on June 20, 2022, by which time he had already lost his job.

The delays Asare losing his job in Germany. Asare then sued the immigration service, arguing that the officers acted negligently, unlawfully, and unfairly, leading to the violation of his rights and the loss of his job.

The court awarded over GH¢910,000 in damages along with an additional GH¢50,000 as legal costs.

Mr. Baffour Asare, a Ghanaian resident in Berlin, arrived in Ghana in May 2022 for his mother’s funeral and planned to return to Germany on June 17, 2022. However, at Kotoka International Airport (KIA), after completing pre-boarding procedures, he was stopped by immigration officials who claimed he was on their “Wanted Persons” list.

Despite obtaining a police extract confirming his innocence, Asare was once again prevented from boarding his flight on June 18, 2022. He was finally allowed to travel on June 20, 2022, by which time he had already lost his job.

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The judge in the case said the immigration officers showed no regard for Asare's interests and were liable to compensate him.

The Law Platform noted that the court arrived at this conclusion after a survey of laws on negligence and the duties held to persons despite the existence of a legal duty; sections 9, 10 and 12 of the Immigration Act, 2000 (Act 573) and Constitutional provisions on the freedom of movement and the liberty of a person in Ghana.

Source: YEN.com.gh