High Court orders Ghana Immigration service to pay gh¢910,000 for wrongful Travel Restriction and Job Loss
The High Court of Ghana has ordered the Ghana Immigration Service (GIS) to pay a substantial sum of GH¢910,000 in damages and lost earnings to Kwabena Baffour Asare, a Ghanaian citizen who was wrongfully prevented from traveling to Germany in June 2022.
Mr. Asare, a resident of Berlin, Germany, had traveled to Ghana in May 2022 to attend his late mother’s funeral and was scheduled to return to Germany on June 17, 2022.
However, he was detained by immigration officials at Kotoka International Airport during pre-boarding checks, who claimed that Mr. Asare was on their wanted persons list, acting on a request from the Ghana Police Service.
He was subsequently taken to the GIS headquarters and later handed over to the police on June 18, 2022. Despite being cleared by the police, Mr. Asare faced further obstruction when he attempted to board his flight later that evening, as immigration officials again prevented him from traveling, citing the same reason, even after he presented a police extract confirming that he was not the wanted person.
This second denial ultimately cost Mr. Asare his job in Germany, where he had been earning a substantial income. In court, Mr. Asare’s legal team argued that the GIS’s actions were negligent and violated his rights, causing significant personal and financial harm.
The GIS, however, denied any wrongdoing, stating that they acted in good faith and without malicious intent. Justice Ayitey Armah-Tetteh, presiding over the case, ruled in favor of Mr. Asare, awarding him GH¢910,000 in compensation, which includes GH¢650,000 for general damages, GH¢250,000 for lost earnings, GH¢10,000 in special damages, and GH¢50,000 in legal costs.
This ruling highlights the importance of ensuring that immigration officials and law enforcement agencies have adequate procedures in place to prevent cases of mistaken identity and protect the rights of citizens.
The Ghana Immigration Service must take steps to rectify their mistakes and prevent similar incidents from occurring in the future.
The court’s decision serves as a reminder that individuals have the right to seek justice and compensation when their rights are violated, and that government agencies must be held accountable for their actions.
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