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The Accra High Court has directed the Ghana Immigration Service (GIS) to pay GH₵960,000 in compensation for unlawfully detaining a Ghanaian traveller, Kwabena Baffour Asare, and preventing him from returning to Germany for work after attending his mother’s funeral in Ghana in 2022.
GIS officers mistakenly held Mr. Baffour Asare, believing he was a wanted individual named “Kwabena Asare.” This error led to a delay that cost him his job in Germany.
Delivering judgment, Justice Ayitey Armah-Tetteh ruled that Mr. Baffour Asare had been wrongfully restrained on June 18, 2022, resulting in the loss of his employment. The court awarded him over GH₵910,000 in damages and an additional GH₵50,000 for legal costs.
Mr. Baffour Asare, a resident of Berlin, arrived in Ghana in May 2022 for his mother’s funeral and was scheduled to return to Germany on June 17. However, after completing pre-boarding procedures at Kotoka International Airport, immigration officials stopped him, citing his name on their “Wanted Persons” list.
He was subsequently taken to the GIS headquarters and later handed over to the Ghana Police at the Adenta Police Station. After questioning, the police confirmed he was not the wanted suspect and released him.
Despite obtaining a police extract proving his innocence, GIS officials again prevented him from boarding his flight on June 18. He was finally allowed to travel on June 20, but by then, he had lost his job.
Mr. Baffour Asare sued GIS for negligence and unlawful actions that led to his wrongful detention and loss of employment.
GIS defended its actions, arguing that the police had flagged the name “Kwabena Asare” in their system without providing a photograph, leading to a 94% match in their database. They claimed it was only on June 20 that they received formal police clearance, allowing him to travel.
However, the court found that GIS officers had acted negligently by ignoring the police extract Mr. Baffour Asare presented on June 18. The judge stated that the officers lacked sensitivity and disregarded his rights, making GIS liable for exemplary damages.
As a result, GIS has been ordered to compensate Mr. Baffour Asare for the financial and emotional hardship caused by the wrongful detention.
