Court Orders Ghana Immigration Service to Pay GH₵960,000 for Wrongful Travel Restriction
The Accra High Court has ruled against the Ghana Immigration Service (GIS), ordering it to pay GH₵960,000 in damages to a Ghanaian traveler wrongfully detained at the Kotoka International Airport. The court found that the GIS had unlawfully restricted the movement of Mr. Kwabena Baffour Asare, a Ghanaian resident in Berlin, leading to severe financial and personal consequences.
The case stemmed from an incident in June 2022 when Mr. Asare, who had traveled to Ghana for his mother’s funeral, was preparing to return to Germany. At the airport, immigration officers detained him, wrongly identifying him as a wanted individual with a similar name. Despite obtaining police clearance confirming his identity, he was still barred from traveling and was only allowed to leave the country three days later. By that time, his employer in Germany had terminated his contract due to his failure to report to work on time.
Justice Ayitey Armah-Tetteh, who presided over the case, ruled that the GIS acted negligently and violated Mr. Asare’s right to freedom of movement. The court determined that the immigration officers did not conduct due diligence, causing unnecessary hardship to the plaintiff. The ruling emphasized that government agencies must uphold the rights of individuals and avoid arbitrary restrictions that can lead to life-altering consequences.
As part of the judgment, Mr. Asare was awarded GH₵910,000 in damages for wrongful detention, along with an additional GH₵50,000 to cover legal costs. The decision has been welcomed as a step toward holding public institutions accountable for their actions.
This case highlights the importance of due process in law enforcement and the need for immigration officers to exercise diligence in their duties to prevent similar injustices. The Ghana Immigration Service has yet to respond to the ruling or indicate whether it will appeal the decision.
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