High Court Orders Ghana Immigration Service to Pay GH₵960,000 for Wrongfully Detaining Traveller

The High Court in Accra has ruled against the Ghana Immigration Service (GIS), ordering it to pay GH₵960,000 in damages and legal costs to a Ghanaian traveller, Kwabena Baffour Asare, for wrongful detention that led to his job loss in Germany.

Mr. Baffour Asare, who had traveled to Ghana in May 2022 for his mother’s funeral, was prevented from returning to Germany after immigration officers at Kotoka International Airport (KIA) mistakenly identified him as a wanted person.

Mistaken Identity and Wrongful Detention

On June 17, 2022, after completing pre-boarding procedures at KIA, Mr. Baffour Asare was stopped by GIS officers who claimed his name matched that of a police-wanted individual, “Kwabena Asare.”

He was detained, taken to GIS headquarters, and later handed over to the Adenta Police Station. However, after reviewing his statement, the police determined he was not the wanted person and released him.

Despite securing a police extract confirming his innocence, Mr. Baffour Asare was again prevented from traveling the following day, June 18, 2022. It was only on June 20, 2022, that he was finally allowed to leave Ghana—by which time he had already lost his job in Germany.

Lawsuit and GIS Defense

Mr. Baffour Asare took legal action against GIS, arguing that the officers acted negligently and unlawfully, violating his rights and causing him financial and emotional distress.

In response, the GIS defended its actions, explaining that the name “Kwabena Asare” had been flagged in their database based on a request from the Ghana Police Service regarding a suspect residing in Germany.

The service claimed that without a photograph of the suspect, the system flagged Mr. Baffour Asare’s name as a 94% match, prompting further checks. GIS maintained that it only received official clearance from the police on June 20, 2022, allowing him to travel.

Court’s Verdict

During the trial, it was revealed that immigration officers ignored a police clearance document presented by Mr. Baffour Asare on June 18, 2022. A GIS officer admitted in court that he contacted his supervisor about the police extract but was told there was no official confirmation from the Police Headquarters.

Justice Ayitey Armah-Tetteh ruled that the GIS officers acted negligently, violating Mr. Baffour Asare’s right to freedom of movement. The court found that the officers displayed insensitivity and failed to act prudently, despite knowing what the plaintiff had endured the previous day.

“The officers exhibited a lack of sensitivity towards Mr. Baffour Asare’s situation. Looking at what the plaintiff had gone through the day before, one would have expected the officers of the GIS to act prudently on June 18, 2022, when he made an attempt to travel and showed them the extract,” the judge stated.

The court held GIS responsible for the wrongful detention and awarded GH₵910,000 in damages, along with GH₵50,000 in legal costs.