In a landmark ruling, the Ghana Immigration Service (GIS) has been directed by the High Court to compensate Kwabena Baffour Asare, a Ghanaian citizen, with GH¢910,000 for damages and lost earnings. The court found that the GIS unlawfully prevented Asare from boarding a flight to Germany in June 2022, resulting in the loss of his job after 30 years of service. The case, as detailed in court documents shared by The Law Platform, stemmed from an incident at Kotoka International Airport. 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 his plans were
abruptly disrupted. After completing pre-boarding procedures at the airport, Asare was detained by immigration officials. They claimed he was on their wanted persons list and acted on a request from the Ghana Police Service. Asare was subsequently taken to the GIS headquarters and later handed over to the police on June 18, 2022. However, after recording his statement, the police discovered that Asare was not the individual they were seeking. The confusion arose due to a case of mistaken identity, as the actual suspect shared the same name and also resided in Germany. Despite being cleared by the police, Asare faced further hurdles when he attempted to board his rescheduled flight later that evening. Immigration officials again barred him from traveling, citing the same reason—even though he presented a police extract confirming his innocence. This second obstruction ultimately cost Asare his job in Germany, where he had been earning a significant income. In court, Asare’s legal team argued that the GIS’s actions violated his rights and led to his wrongful job loss. The GIS, however, denied any wrongdoing, stating they acted in good faith and without malice. They maintained that their actions were not negligent, as alleged by the plaintiff. Justice Ayitey Armah-Tetteh, presiding over the case, ruled in favor of Asare. The judge awarded a total of GH¢910,000, broken down as follows: GH¢650,000 as general damages for negligence and the
violation of Asare’s rights, GH¢250,000 for lost earnings, GH¢10,000 as special damages, and GH¢50,000 in legal costs. This ruling highlights the importance of due diligence and accountability in law enforcement and immigration operations. It also serves as a reminder of the far-reaching consequences of administrative errors, particularly when they infringe on individuals’ rights and livelihoods. For Kwabena Baffour Asare, the verdict brings a measure of justice after a harrowing ordeal. However, the case underscores the need for improved systems to prevent such incidents in the future, ensuring that innocent individuals are not subjected to unnecessary hardship.
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