[2014]DLHC16444 • March 13, 2014 • High Court
FRANCIS AGYARE vs THE INSPECTOR GENERAL OF POLICE AND THE ATTORNEY-GENERAL
The applicant, Francis Agyare, was arrested on 5 January 1994 along with 57 others on suspicion of involvement in robbery and murder. He was not informed of the reasons for his arrest or his right to counsel and was subjected to physical assault. He was remanded in custody and detained at Nsawam Prisons for over 14 years without trial. The main witness who implicated him later recanted in 2006, but the applicant was only released on bail in 2008. The applicant suffered significant personal, social, and health detriments due to the prolonged unlawful detention.
read moreJUDGMENT This is an application made pursuant to article 33(1) of the 1992 Constitution and Order 67 of C. I. 47 for the enforcement of the applicant’s fundamental human rights. The respondents are agencies of the State and were responsible for the breaches the applicant now complains about. In effect, the action is against the Government of the Republic of Ghana for the unlawful arrest and the consequential detention of the applicant without trial for a period in excess of 14 years. The gist of applicant’s case is captured in paragraphs 3 to 9 of the affidavit in support of the motion paper. In the said paragraphs, the applicant said: “3. That on the 5th of January, 1994, I was unlawfully arrested with about fifty-seven (57) other suspected criminals at the James Town Beach where I had gone to buy fish for meals for myself and my family after one Fofo Afagadzi, who is now facing life imprisonment in the Nsawam Maximum Prisons pointed at me...