Court issues certificate for compensation to Francis Agyare for unlawful detention
The Human Rights Division of the High Court has issued a certificate of judgement to be served on the Attorney-General and the Controller and Accountant-General to effect the payment of GH¢204,000 as compensation and cost to Mr Francis Agyare.
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Judgement was given in favour of the applicant by the court on March 13, 2014 for the payment of GH¢200,000 as compensation for his unlawful detention for more than 14 years as well as cost of GH¢4,000.
Background
Mr Agyare, now 46, was arrested on January 5, 1994 together with about 57 suspected criminals at the James Town beach, where he had gone to buy fish.
Fofo Afagadzi, who is now facing life imprisonment at the Nsawam Medium Security Prison, had pointed at Agyare as one of his accomplices.
Without any investigation to ascertain the veracity of the allegation, the applicant was charged with robbery and, together with other suspects, taken to court on January 10, 1994.
At the court, the police asked that he be remanded in prison custody, pending further investigations and trial along with the other accused persons.
At the Nsawam Prison, the applicant was kept in Block 1 Cell 9 with other remand prisoners and was never given the chance to go back to court for over 14 years.
Agyare was denied the benefit of being with convicted prisoners, since, as a remand prisoner, he was perpetually confined to Block 1 Cell 9, with no opportunity of freedom even within the walls of the prison for more than 14 years.
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On his eventual release on May 29, 2008, under the Justice For All Programme, the judge, Mr Justice D.K. Ofosu Quartey, described his continued remand as a breach of his fundamental human rights.
Mr Agyare’s wife had left her marital home by the time he was released and his six-year-old son at the time of his arrest had also dropped out of school.
Writer’s email: victor.kwawukume@graphic.com.gh