HIGH COURT ORDERS GHANA IMMIGRATION SERVICE TO PAY GH¢910,000 FOR WRONGFUL TRAVEL RESTRICTION AND JOB LOSS

The High Court has ordered the Ghana Immigration Service (GIS) to pay 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. The incident, which led to Asare losing his job of 30 years, has been described as a case of mistaken identity and a violation of his fundamental rights.

According to court documents obtained by The Law Platform, 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 was detained by immigration officials at Kotoka International Airport during pre-boarding checks. The officials claimed Asare was on their wanted persons list, acting 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 released him upon realizing he was not the individual they were seeking. The mix-up arose because the actual suspect shared the same name, Kwabena Asare, and also resided in Germany.

Despite being cleared by the police, Asare faced further obstruction when he attempted to board his flight later that evening. Immigration officials again prevented him from traveling, citing the same reason, even after he presented a police extract confirming he was not the wanted person. This second denial ultimately cost Asare his job in Germany, where he had been earning a substantial income.

In court, Asare’s legal team argued that the GIS’s actions were negligent and violated his rights. They emphasized that the repeated travel restrictions, despite evidence of mistaken identity, caused significant personal and financial harm. The GIS, however, denied any wrongdoing, stating they acted in good faith and without malicious intent.

Justice Ayitey Armah-Tetteh, presiding over the case, ruled in favor of Asare, awarding him GH¢910,000 in compensation. The breakdown of the award includes GH¢650,000 for general damages due to negligence and violation of rights, GH¢250,000 for lost earnings, GH¢10,000 in special damages, and GH¢50,000 in legal costs.

Read the full judgment in court documents shared by The Law Platform below:

Source:NKONKONSA.com