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ABI KOFI OWUSU BOATENG V. THE CHIEF OF DEFENCE STAFF & ATTORNEY-GENERAL

(2016) JELR 107461 (HC)

High Court  •  SUIT NO. BMISC 402/2013  •  12 Oct 2016  •  Ghana

Coram
H/L DORIS BEMPONG MRS.

Appearances
Augustine Asafo Adjei for Respondent. Cynthia Ofori for the Defendant.

Judgement
<p class="ql-align-center"><strong><span style="background-color: transparent">J U D G M E N T </span></strong></p><p><br></p><p><span style="background-color: transparent">Plaintiff’s claim in this matter against the Defendant which was  filed on 22/2/2013 is for: </span></p><p><span style="background-color: transparent">1. A declaration that the circumstances surrounding the decision  to release the Plaintiff from the Ghana Armed Forces were  most unfair since he was very innocent and therefore, his  discharge was wrongful. </span></p><p><span style="background-color: transparent">2. A further declaration that after having detained the Plaintiff  for the alleged offence for three months, the decision to  release him amounted to double jeopardy and therefore  unconstitutional.</span></p><p><span style="background-color: transparent">3. General damages for the wrongful release from the Ghana  Armed Forces. </span></p><p><span style="background-color: transparent">4. Cost. </span></p><p><span style="background-color: transparent">Plaintiff was enlisted in the Ghana Armed Forces on 27/1/2006 and  was posted to the Ghana Navy where he served until his release  from the Armed Forces in August 2012.  </span></p><p> <span style="background-color: transparent">The release, according to Plaintiff was based on an allegation that  he did not properly account for a weapon that was released him for  duty. He claimed that despite his innocence, he was tried and  detained in custody for 90 day…</span></p>

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