CAMILLUS SAKZEESI AND GHANA ARMED FORCES [2010]DLCHRAJ5985

Date	2010-03-18
Suit No.	Our Ref: CHRAJ/81/2009/398
Citation No.	[2010]DLCHRAJ5985

JOSEPH WHITTAL

[2010]DLCHRAJ5985
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">CAMILLUS SAKZEESI<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">GHANA ARMED FORCES<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination:
none;border:none;mso-border-bottom-alt:solid windowtext .5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Our Ref: CHRAJ/81/2009/398&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 18-3-2010<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div><a name="_gjdgxs"></a>INTRODUCTION<o:p></o:p>The Complainant lodged a complaint before this Commission on
behalf of L.A.C. Abraham Zingire, complaining about unfair treatment meted out
to the said L.A.C. Abraham Zinyire. The Respondent denied all the allegations.<o:p></o:p>COMPLAINANT'S
CASE<o:p></o:p>According to the Complainant, L.A.C. Abraham Zinyire was a
military officer of the Ghana Armed Forces. The Complainant stated that L.A.C.
Abraham Zinyire got injured during the physical exercise known as "FRONT
SOMERSAULTING" and broke his neck.<o:p></o:p>Zinyire was rushed to the 37 Military Hospital paralysed. The
Complainant stated that even though a surgical operation was performed on
Zinyire, he could not sit or do anything on his own, hence his condition
worsened.<o:p></o:p>The Complainant stated that Zinyire's condition attracted media
attention especially PUBLIC AGENDA, which appealed to the Military Command to
intervene. The Complainant alleged that after the surgical operation on
Zinyire, “his condition almost got hopeless and was abandoned to rot in his
sick bed".<o:p></o:p>The Complainant further
alleged that after the publication of Zinyire story, his sister who attended to
him was asked by the Respondent not to stay with her sick brother again or
attend to him. The Complainant also alleged that despite Zinyire's condition,
he was made to buy his own drugs at the counter. He stated further that
Zinyire's condition grew worse so his mother "had to struggle for a pass
to take him home for proper care which lasted almost four months."<o:p></o:p>The Complainant sought the
assistance of the Commission to compel the Military Command to set up an
independent medical board to review Zinyire's condition. He also petitioned
that the Respondent should compensate Zinyire for medical negligence.<o:p></o:p>COMMISSION'S
INVESTIGATION <o:p></o:p>The Commission interviewed the Public Relations Officer, Colonel
Nibo on the issue. He admitted that L.A.C. Zinyire got injured when he was
performing gymnastic manoeuvres during a Physical Training Instructor's Course
at the Military Academy and Training School MATS) on 1st April 2004. He was
rushed to the Military Hospital where he was diagnosed to have sustained a
fracture of his "cervical vertebrae which resulted in him being
quadriplegic". According to him the medical experts indicated that Zinyire
had become paralysed and therefore required emergency surgical operation which
was done on 2nd April 2004.<o:p></o:p>He stated further that the
medical experts indicated that Zinyire's condition did not require any further
treatment abroad since the surgical operation undertaken at the 37 Military
Hospital was adequate. Since then, according to Col. Nibo, the Ghana Armed
Forces ensured that the best medical care was provided him. Zinyire was nursed
on an air mattress specially acquired for him and he was turned in bed
regularly. Additionally, he always received a special high calorie and protein
diet. Zinyire was offered the opportunity to visit home on a couple of
occasions. However, this privilege was stopped when the medical doctors found
out that any time he returned to the ward from home, his situation worsened.<o:p></o:p>It was also learnt that the Respondent normally provided a monthly
stipend to his family to facilitate regular visits to the hospital to give him
the needed social support. The Respondent had also made it mandatory for
officers from Zinyire Unit, Air Force Base, Accra to pay weekly visits to him.
Zinyire, despite his peculiar predicament, was reclassified as Aircraftman
Class 1 (AC 1) in January 2005, and subsequently promoted to Leading
Aircraftman (LAC) in January 2007.<o:p></o:p>