20th February 2025 3:18:42 PM
2 mins readThe Ghana Immigration Service (GIS) has been ordered by the High Court to compensate Ghanaian citizen Kwabena Baffour Asare with GH¢910,000 for wrongful detention and loss of earnings following a case of mistaken identity.
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According to court documents shared by The Law Platform, the ruling was delivered after the court found GIS liable for preventing Asare from boarding a flight to Germany in June 2022—an incident that ultimately led to his job loss after three decades of employment.
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Asare, a resident of Berlin, Germany, had traveled to Ghana in May 2022 to attend his late mother’s funeral. He was scheduled to return to Germany on June 17, 2022, but was apprehended at Kotoka International Airport by immigration officers.
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The officers claimed he was on a wanted persons list and stated they were acting on a request from the Ghana Police Service. As a result, he was detained and later transferred to the GIS head office before being handed over to the police on June 18, 2022.
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Upon investigation, police authorities determined that he was not the person they were searching for and released him. The mix-up had occurred because the actual suspect, also named Kwabena Asare, resided in Germany.
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Despite securing a police extract confirming he was not the wanted individual, Asare was once again prevented from boarding his rescheduled flight on June 18, 2022. Immigration officers maintained that he was still on the wanted list.
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According to his legal counsel, this second denial violated Asare’s rights and ultimately caused him to lose his job in Germany, where he had been earning a substantial income.Court Ruling and Compensation
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Although GIS denied any wrongdoing, insisting their actions were in good faith and without malice, the court ruled in favor of Asare.
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Justice Ayitey Armah-Tetteh awarded GH¢910,000 in compensation, structured as follows:
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GH¢650,000 in general damages for negligence and rights violations
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GH¢250,000 for loss of earnings
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GH¢10,000 in special damages
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GH¢50,000 in legal costs
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The ruling underscores the legal repercussions of wrongful detention and administrative negligence, setting a precedent for similar cases in the future.
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