HLORDZI AIKINS DOGBADA & 5 ORS AND GHANA ARMED FORCES [2010]DLCHRAJ6004

Date	2010-10-13
Suit No.	CHRAJ/95/09/961
Citation No.	[2010]DLCHRAJ6004

ANNA BOSSMAN

[2010]DLCHRAJ6004
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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">HLORDZI AIKINS DOGBADA &amp; 5 ORS<o:p></o:p>(COMPLAINANTS)<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>(RESPONDENTS)<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">CHRAJ/95/09/961&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 13/10/2010<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>FACTS <o:p></o:p>The complainants were soldiers of the Ghana Armed Forces. They
claim that on the 9th of October 2008, Tpr Hlodzi Aikins Dogbada had his mobile
phone stolen at Kwame Nkrumah Circle whiles returning from patrol. After
fruitless search for the phone, he saw a boy in the vicinity and described the
phone to him after which he gave his phone number to the boy to call him
anytime he comes across the phone.<o:p></o:p>The boy called him three days
after to inform him that he had seen a similar phone in the possession of one
of the peddlers of used phones at the Kwame Nkrumah circle. Hlodzi Aikins
claims he rushed there only to find the phone as narrated. The peddler
confessed that the phone was sold to him and for that reason Hlodzi had to meet
him half way by paying something but Hlordzi chose to arrest him. In the
process some of his colleagues (Tpr Yamoah Obed, Tpr Effah Frank, Tpr Nkoa
Freeman Thomas, and Tpr Adams Ibrahim) who were passing by came to his aid.
They then took two taxis and made their way to the military police
headquarters.<o:p></o:p>On their way to the military police, the peddler gave the phone to
them when the taxi was around the 37 military hospital area, they then freed
him. A week later, two of the soldiers, Nkoa Freeman and Effah Frank were
arrested by the military police and put into guard room for three days after
which the remaining four were arrested by the military police and also put in a
guard room.<o:p></o:p>A week after their release
from the guard room, they had information that in addition to the found phone,
it was alleged that they also took 36 phones from the peddler. They were handed
over to their unit (RECE Regiment). The unit instructed that they be placed in
a guard room for one month. They were tried by their Commanding Officer Lt.
Colonel R. Y. Odoi who in turn convicted and sentenced them to 90 days
punishment. After serving their term they were subsequently released from the
army on administrative grounds. <o:p></o:p>The complainants' claim their
release was unfair and prayed for reinstatement.<o:p></o:p>RESPONDENTS'
COMMENTS <o:p></o:p>In their comments the Respondents stated the following:<o:p></o:p><p class="MsoNormal" style="margin-left:.5in;text-align:justify;text-indent:-.25in;
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That due process as per the Ghana Armed Forces Regulation and the Ghana
Armed Forces Act, 1962 (Act 105) were considered before the release of the six
ex-soldiers.<o:p></o:p><p class="MsoNormal" style="margin-left:.5in;text-align:justify;text-indent:-.25in;
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That on the 13th October, 2008
the complainants left their unit without authority to conduct an unauthorized
operation in the Kwame Nkrumah Circle area. That the execution was well planned
as the soldiers arrested the victim, Mr. Philip Nkansah, a civilian and seized
thirty six mobile phones belonging to the victim. <o:p></o:p><p class="MsoNormal" style="margin-left:.5in;text-align:justify;text-indent:-.25in;
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That the soldiers moved Mr.
Philip Nkansah from his place of work by force, under</main>