[2021]DLCA11028December 8, 2021Court of Appeal

192046 SGT INUSAH KARIM vs. THE REPUBLIC

The appellant, Sgt. Karim Inusah, was dismissed from the Ghana Armed Forces following a Court Martial conviction for disobedience of lawful command, use of violence against a superior officer, and conduct prejudicial to good order and discipline. The dispute arose when the appellant occupied a military accommodation allocated to another soldier, S/Sgt Issifu Razak. Despite orders from superior officers to vacate the room, the appellant refused and resisted eviction, including biting a superior officer's arm during the process. The appellant was convicted and sentenced to dismissal from the service, which was later confirmed by the convening authority.

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OWUSU-OFORI,J: The Appellant herein Sgt. Karim Inusah was convicted and sentenced to dismissal from the Ghana Armed Forces (GAF) by a Court Martial and it is on this conviction and sentence that he is inviting this court to reverse on the grounds contained in the notice of Appeal. These are the brief facts of the case which resulted in the dismissal of the Appellant from the Ghana Armed Forces (GAF). BRIEF FACTS OF THE CASE The facts are that on Wednesday the 22nd day of July 2015, the 37 Military Hospital published in its part one orders serial 93 list of solders who had been allocated accommodation in the various quarters. SNCO’s Block D Room 1 was allocated to S/Sgt. Issifu Razak, when he went to take over his room, the Appellant had already moved into the accommodation when the Appellant was asked to vacate the room he refused and said it was allocated to him by Major Tandoh who insisted he did not remember doing so. Several orders from the Command Sergeant Major (PW3 dur.....