A Ghanaian businessman, Paa Kwesi Ocansey (Plaintiff), has filed a court action against the Ghana Police Service, Attorney General and four others, over what he says was his unlawful arrest which also led to the confiscation of his personal effects by the Airport Police command.
According to the affidavit in support of the originating motion on notice filed by lawyers of the Plaintiff on the 12 July 2022, the respondents named are Michael Asiedu, commander of the Airport Police station, the Ghana Police Service (2nd), the Attorney General (3rd), SGT. Jennifer Boadi (4th), Joyce Menson (5th) and the Madina District Court (6th).
Contention of applicant
Paa Kwesi Ocansey, argues in his affidavit that sometime on 22nd June, 2022, he received a summons from the Airport Police Station which he honoured.
Upon my arrival at the Airport Police Station, he says he was informed that a complaint had been lodged against him by one Eugene Ocansey for causing unlawful damage to House No. 18, Amilcar Carbral Road.
“I was then arrested and put in Police cells at Airport Police Station at the direction of the 1st Defendant. I am advised by Counsel and verily believe same to be true that the 1st Defendant’s act of detaining me in Police cells without reasonable suspicion of me having committed a crime or being about to commit a criminal offence is unlawful” the affidavit read.
“That the conduct of the 1st Respondent in ordering the arrest and detention of the Applicant was unlawful and in breach of my rights” it added.
The applicant, Paa Kwesi Ocansey further contended that after his arrest, his personal belongings that were on him at the time of his “unlawful arrest was confiscated at the Airport Police station at the direction of the 1st Defendant”.
“My personal belongings confiscated by the 1st Defendant are listed with their respective values as follows: An Apple I-Phone watch which cost him GHC 3,200.00, a ring which cost him GHC 250.00, and a chain which cost him GHC 650.00, totalling GHC 4,100.00.
Reliefs wanted
The plaintiff is therefore praying the Human Rights Court for 7 reliefs. The first is, he wants the Court to adjudge and declare “that the arrest and detention of the Applicant by the 1st, 2nd and 4th Respondents for unlawful damage to property was unlawful and in violation of the Applicant’s fundamental human rights”.
Second, “that the prosecution of the Applicant by the 5th Respondent before the 6h Respondent is unlawful”.
Third, “that the unlawful arrest and detention of the Applicant by the 1st Respondent caused the Applicant to suffer injury to his dignity as a human”.
Fourth, “that the renovation of House No. 18, Amilcar Carbral Road, Airport Residential Area, Accra in which the Applicant resides and is a beneficiary of the said house is not a crime under the laws of Ghana”.
Fifth, “that the confiscation of the Applicant’s personal belongings and refusal to return the same by the 1s1, 2nd and 4th Respondent during the Applicant’s unlawful arrest and detention was unlawful”.
Sixth, “that the fundamental human rights of the Applicant have been infringed”.
Seventh, “that the 1st Respondent’s use of the discretionary power of arrest vested in him by law was exercised in an arbitrary, capricious and biased manner and was not in accordance with due process of law”.
