JOSEPH AWUYE v. ATTORNEY GENERAL, DIRECTOR GHANA IMMIGRATION SERVICE, ASONGIBA SEIDU SADAT, GHANA ARMED FORCES AND MINISTRY OF DEFENCE

1.0 By his amended writ of summons and statement of claim, the plaintiff claims the

following reliefs;

a) Demand for compensation payment of Nine Hundred Thousand Ghana cedis

(GHS900,000,00) for injuries sustained from the unlawful shooting of the plaintiff

at Aflao by BDR/CPL Ebenezer Sackey with number 190794 of 66 Artillery Regiment, Ho of the Ghana Armed Forces under the Ministry of Defence on the

22nd October 2010 in the company of Asongiba Sadat of Ghana Immigration

Service, Aflao and;

b) 10% of solicitors fees and costs.

2.0 According to the plaintiff, on 22nd October 2010, he drove an opel taxi cab from

Aflao to Denu. In the process, he was stopped by one Cpl Ebenezer Sackey of the

66 Artillery Regiment, Ho, who was in the company of the 3rd Defendant, an

immigration officer. Plaintiff claims that he went down on both knees and raised

his hands in a position of surrender; and yet, he was shot at close range by Cpl

Ebenezer Sackey without any provocation.

3.0 It is the further case of plaintiff that he was hospitalised at the Ketu South

Government Hospital where he received treatment for several days and thereafter

continued to receive treatment at the Volta Regional Hospital. Plaintiff claims he

also suffered severe physical and mental trauma as a result of the shooting which

led to his being taken to a prayer camp. Plaintiff further claims he was treated by

the Psychiatric Unit of the Ketu District Hospital for mental disorders sufferred as

a result of the shooting incident which made it impossible for him to commence

this action within the statutory period of three years.

4.0 The defendants filed a further amended statement of defence in which they stated

that on 22nd October 2010, a joint team of military and immigration officers were

on duty at the Aflao Border to curb the activities of criminals when the plaintiff

was spotted driving a taxi with registration number AS 9287X. Based on their

suspicion that plaintiff was carrying illegal immigrants across the Lome-Togo

border to Ghana through an unapproved route, the plaintiff was stopped but he

refused to stop. According to defendants, plaintiff was pursued to the Aflao Lorry

park where he refused to comply with the lawful commands issued by the officers. When a mob began to gather at the spot, plaintiff recklessly tried to disarm one of

the officers which led to an accidental discharge of the officers weapon resulting

in injury to plaintff. It is the defendants’ c