State to pay GH¢200,000 for unlawful detention
The Human Rights Division of the High Court has ordered the State to pay GH¢200,000 as compensation to one Francis Agyare after finding the state culpable of unlawfully detaining him at the Nsawam Medium Security Prison for 14 years.
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In giving the order, the court, presided over by Mr Justice K. Essel Mensah, said as much as the state had the constitutional duty of ensuring the safety and security of all, the court had the duty of ensuring that the liberties of individuals were not abused.
The unlawful detention, according to the court, had violated the right of the applicant to liberty, not only under the 1992 Constitution but also the various human rights charters to which Ghana was a signatory.
The court further criticised the defence team, led by a State Attorney, Mr Umu Zakari, for having “an array of ideas” that suffered from “constipation of legal basis”, pointing out that they had failed to establish the lawfulness of the applicant’s detention.
Beyond doubt
In the court’s opinion, the applicant had faithfully discharged his case with evidence beyond reasonable doubt that he had been unlawfully detained for 14 years, during which he suffered pecuniary and non-pecuniary damages.
Although the lawyers for the applicant had asked for compensation in the sum of GH¢2,000,000, the court held that the prevailing economic situation in the country had to be taken into consideration in arriving at the sum.
Background
Mr Francis Agyare, now 46, was arrested on January 5, 1994 with about 57 suspected criminals at the James Town Beach where he had gone to buy fish for meals for himself and his family.
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.
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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.
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.
Victory for justice
After the ruling, Agyare thanked God that justice had been done.
He said he was not really concerned about the compensation paid to him but the justice done to him and pointed out that he had been unlawfully subjected to all forms of torture during his time in prison, although he had pleaded innocent.
He said there were countless other people in jail who did not deserve to be there but the system had made them convicts.
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 also dropped out of school.
His lawyer, Mr Francis-Xavier Kojo Sosu, a public interest and human rights lawyer, said the ruling was a victory for democracy and human rights in Ghana.
Writer’s email: victor.kwawukume@graphic.com.gh