NANA KWESI OSEI BONSU vs. INSPECTOR GENERAL OF POLICE AND THE ATTORNEY-GENERAL [2023]DLHC16074

Date	2023-01-31
Suit No.	SUIT NO. HR/0026/2022
Citation No.	[2023]DLHC16074

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS.)

JAMES GAWUGA NKRUMAH FOR THE APPLICANT- PRESENT.

AKOSUA ADUBEA ASIEDU [A.S.A.] FOR THE RESPONDENTS – PRESENT

[2023]DLHC16074
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													<main id="main" class="content" style="min-height: 60rem" >NANA KWESI
OSEI BONSU <o:p></o:p>(APPLICANT)<o:p></o:p>vs.<o:p></o:p>INSPECTOR
GENERAL OF POLICE AND THE ATTORNEY-GENERAL&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (RESPONDENTS)<o:p></o:p>[HIGH COURT, HUMAN RIGHTS DIVISION ONE, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: black; padding: 0in 0in 1pt;">

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;line-height:normal;border:none;mso-border-bottom-alt:solid black 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">SUIT NO. HR/0026/2022&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;DATE: 31ST JANUARY 2023<o:p></o:p>

</div>COUNSEL&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>JAMES
GAWUGA NKRUMAH FOR THE APPLICANT- PRESENT.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;line-height:normal;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">AKOSUA ADUBEA ASIEDU [A.S.A.] FOR THE
RESPONDENTS – PRESENT<o:p></o:p>

</div>CORAM<o:p></o:p>HER
LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS.)<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: black; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: black; border-right: none; padding: 1pt 0in;">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:normal;border:none;mso-border-top-alt:solid black 1.5pt;
mso-border-bottom-alt:solid black 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>&nbsp;1]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; PARTIES<o:p></o:p>The
Applicant describes himself as the lawful representative of Huahi Achama
Tutuwaa Royal Family of Benimasi Boadi Community, as well as, a Director and
Shareholder of Milton Investment Company; the 1st respondent is the
head of the Ghana Police Service while the 2nd Respondent is the Legal
Advisor to the Government of Ghana against whom all civil proceedings against
the state are instituted.<o:p></o:p>2]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; FACTS
OF THE CASE<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Applicant’s
case<o:p></o:p>3]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Applicant’s case is that Milton
Investment limited in respect of which he is a director and shareholder, acquired
a parcel of land which had been adjudged by a court of competent jurisdiction to
belong to applicant’s family. Based on the said grant, Milton Investment
Limited contracted to sell part of its land to one Jonas Osei Owusu. Before the
sale could be effected, the judgment given in favour of his family was set
aside and his family lodged an appeal against the said judgment at the Court of
Appeal. The applicant claims that Jonas Osei Owusu subsequently decided not to
proceed with the purchase of the land and Milton Investment Limited wrote to
advise him on the modalities for repayment of the purchase price. <o:p></o:p>4]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
applicant claims that on 7th
April 2021, he was arrested by the police based on a complaint made by
Jonas Osei Owusu. After his statement was taken, he was granted police inquiry
bail that very day. The applicant further claims that while on bail, he was
again arrested by the police on 8th
December 2021 based on the same complaint made by Jonas Osei Owusu. This time around, the arrest was effected
by six policemen who first took him to the Kumasi Central Police station. Later
that night, he was sent to Adiebeba Police Station. Applicant claims that on 9th December 2021, his
statement was taken for the second time at the Kumasi Central Police Station.
Thereafter, he was detained at Adiebeba Police Station until 14th December 2021, six days
after his arrest, when he was arraigned before the Kumasi Circuit Court for
the first time since his second arrest. &nbsp;Attached to the application is the Record of
Proceedings before the Circuit Court labelled as Exhibit A. <o:p></o:p>5]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
Applicant alleges that a police officer by name Eric Opoku, called an
unidentified person on phone while he was in custody and made a statement to
the effect that he had arrested the gentleman who claims to know the law. The
applicant maintains that the police deliberately kept him in custody beyond 48
hours to “teach him where power lies”. He claims he was made to share a cell
with five strangers. The cell had one small window which served a threefold
purpose as a means of communication with the police, a source of light and source
of ventilation. He claims that when the window was closed in the night at 10pm,
ventilation was poor in the cell and occupants had to fan themselves with hard
paper. The applicant claims he was stripped of his clothing with the exception
of his boxer shorts, which left his manhood exposed. He claims that he was
subjected to humiliation and embarrassment and that his detention in custody
has caused some of his close associates to shun him, while robbing him of his
self-worth. <o:p></o:p>