Legal Practitioner Prof. Stephen Kwaku Asare, popularly known as Kwaku Azar, has described a recent High Court ruling awarding ₵910,000 in damages to Kwabena Baffour Asare for his unlawful arrest and detention by the Ghana Immigration Service (GIS) as a strong affirmation of the rule of law.
Welcoming the decision in a Facebook post, he stressed that public officials have consistently failed to uphold their duty of care, enabling unchecked violations of citizens’ rights. He highlighted that the case has reignited discussions on accountability, abuse of power, and the pressing need for institutional reform.
According to Kwaku Azar, many victims of institutional abuse do not challenge such injustices, enabling a culture of impunity. However, he believes this ruling sets an important precedent, making it clear that abuse of power will not go unpunished.
Beyond the financial penalty imposed on GIS, he stressed the need for systemic change, calling for better training of public officers to ensure they understand and apply the law fairly and professionally. He argued that justice should not rely solely on punishment but also on preventative measures such as education and institutional reforms.
Commending Justice Ayitey Armah-Tetteh for his bold decision, Kwaku Azar lauded the judiciary’s role in strengthening democracy and safeguarding fundamental rights.
He also praised Kwabena Baffour Asare and his lawyer, Yaw Twumasi Ankrah, for standing up against injustice and setting a precedent for others who suffer in silence.
“This is how progress happens: one case at a time, one ruling at a time, one bold decision at a time,” he remarked, underscoring the transformative power of the courts in shaping a more just society.
Background
The High Court in Accra has ruled against the Ghana Immigration Service (GIS), ordering the agency to pay GH₵960,000 in damages and legal costs for wrongfully detaining a Ghanaian traveler, Kwabena Baffour Asare.
Mr. Baffour Asare, a Berlin-based Ghanaian, had traveled home in May 2022 for his mother’s funeral. However, his attempt to return to Germany on June 17, 2022, was abruptly halted at Kotoka International Airport (KIA) when immigration officials flagged his name on a “Wanted Persons” list.
The GIS officers, tasked with intercepting a police-wanted individual named “Kwabena Asare,” mistakenly detained “Kwabena Baffour Asare.” This wrongful arrest led to significant delays, ultimately causing him to lose his job in Germany.
Despite being taken to the GIS headquarters and later handed over to the Ghana Police Service at Adenta Police Station, officers soon confirmed he was not the suspect in question and released him. He obtained a police clearance document proving his innocence, yet when he attempted to travel again on June 18, immigration officers still refused to let him board his flight.
It was only on June 20, 2022—three days later—that GIS finally cleared him to leave. By then, however, his employment in Germany had already been terminated.
In his ruling, Justice Ayitey Armah-Tetteh condemned the actions of GIS, stating that its officers had shown a blatant disregard for Mr. Baffour Asare’s rights.
“The plaintiff was unjustifiably restrained and prevented from traveling on June 18, 2022, and as a consequence, lost his job,” the judge ruled. He criticized the officers for failing to act prudently, especially after Mr. Baffour Asare had presented a police extract confirming his innocence.
During the trial, GIS defended its actions, arguing that its system flagged a “94 percent similarity match” between Mr. Baffour Asare and the wanted individual. The agency claimed it was merely following protocol to protect national security.
However, the court found that GIS officers had acted negligently, disregarding critical evidence that could have resolved the issue sooner. The judge ruled that their actions violated Mr. Baffour Asare’s right to freedom of movement and ordered GIS to compensate him with exemplary damages.
The court awarded over GH₵910,000 in damages to Mr. Baffour Asare, along with an additional GH₵50,000 to cover legal costs.
