- Ghana Immigration Service to pay GH₵960,000 in damages
- Kwabena Baffour Asare wrongfully detained at KIA
- Detention costs him his job in Germany
The High Court in Accra has ruled that the Ghana Immigration Service (GIS) must pay GH₵960,000 in damages and legal costs after wrongfully detaining a Ghanaian traveller, Kwabena Baffour Asare, preventing him from returning to Germany to resume his work. This incident, which occurred in 2022, followed a case of mistaken identity.
The court found that GIS officers mistakenly detained Baffour Asare on June 18, 2022, confusing him with a wanted suspect named “Kwabena Asare.” This error led to significant delays, causing Baffour Asare to lose his job in Germany. Justice Ayitey Armah-Tetteh of the High Court’s General Jurisdiction division delivered the judgment, stating that Baffour Asare had been “unjustifiably restrained and prevented from travelling,” and as a consequence, he lost his employment.
The court awarded GH₵910,000 in damages to Baffour Asare, along with an additional GH₵50,000 for legal costs.
The Incident at Kotoka International Airport
Baffour Asare, a resident of Berlin, had come to Ghana in May 2022 for his mother’s funeral. He had planned to return to Germany on June 17, 2022, but was stopped at Kotoka International Airport (KIA) after completing all pre-boarding procedures. Immigration officials informed him that he was on their “Wanted Persons” list and detained him.
He was taken to the GIS headquarters and later transferred to the Adenta Police Station, where a police investigation determined that he was not the individual they were searching for. The police subsequently released him after obtaining his statement.
Despite a police extract confirming his innocence, Baffour Asare was once again prevented from boarding his flight on June 18. It wasn’t until June 20, 2022, that he was finally allowed to travel, by which time he had already lost his job.
Plaintiff’s Claim
In response, Baffour Asare filed a lawsuit against the GIS, alleging negligence, unlawful actions, and violations of his rights, all of which led to the loss of his job. He argued that the officers acted unfairly and hindered his ability to return to Germany.
Defense from GIS
In their defense, the GIS admitted that the name “Kwabena Asare” had been flagged in their database after a request from the Ghana Police Service regarding a suspect residing in Germany. However, GIS maintained that they did not receive a photograph of the suspect, and despite this, the name was added to their stop list.
The GIS argued that upon Baffour Asare’s arrival at the airport on June 17, 2022, the immigration system detected a “94 percent similarity match” to the wanted person, prompting further checks. They claimed that it was only on June 20, after receiving official clearance from the police, that Baffour Asare was allowed to travel.
The GIS further defended their actions, stating that their intention was to protect national security, and denied any negligence.
Court’s Ruling
During the trial, it emerged that Baffour Asare had presented the police clearance document to the immigration officers during his second attempt to travel, but the officers ignored it. An immigration officer testified that although he had contacted his supervisor regarding the police extract, he was told that no official confirmation had been received from the Police Headquarters.
Justice Armah-Tetteh ruled that Baffour Asare’s right to freedom of movement had been violated and the GIS officers acted negligently. The judge stated that the officers showed a “lack of sensitivity” to Baffour Asare’s situation, especially after the previous day’s events. The court also noted that the officers disregarded Baffour Asare’s rights and interests, leading to the unjustified restrictions and delays he faced.
As a result, the Ghana Immigration Service was ordered to pay exemplary damages to Baffour Asare for the harm caused by their actions.
