A Ghanaian court has ruled in favour of a father of four who suffered assault at the hands of a police officer, resulting in substantial damages amounting to GHc253,709, and in same case summoning Inspector General of Police (IGP) Dampare
The incident, which occurred during the arrest of the victim, Isaac Manu, a Welder suspected of car theft, led to severe physical and psychological consequences, including the inability to have an erection.
The High Court in Accra, under the jurisdiction of Justice Kwasi Adjenin-Boateng, determined that the police officer employed unjustifiable force during the arrest, thereby violating the rights of the plaintiff. The court’s ruling underscores the principle that law enforcement officers are authorized to use reasonable force in apprehending suspects but must exercise discretion and restraint to prevent undue harm.
Isaac Manu initiated legal action on May 31, 2019, by filing a Writ of Summons and Statement of Claim against multiple defendants, including the Inspector General of Police (IGP), Vivian Adeoku, Matthew Adrah, and Kwesi Asare. The plaintiff sought redress for assault, medical expenses, psychological trauma, and loss of earnings resulting from the unjust arrest and subsequent ordeal.
In delivering the judgment, Justice Adjenin-Boateng acknowledged the legitimate authority of police officers to employ force when necessary for apprehension. However, he emphasized that the force utilized by the defendant in this particular case exceeded reasonable limits, warranting compensation for the victim’s suffering. The court awarded GHc10,000.00 for general damages, GH¢43,709.00 for special damages, and GH¢200,000.00 as compensation for pain, suffering, loss of livelihood, and psychological trauma.
Furthermore, the court imposed costs totaling GHc20,000 against the Attorney General, IGP, and the police officer, Matthew Adrah, jointly and severally, in favor of the plaintiff. Conversely, Vivian Adeoku, one of the defendants, was granted costs amounting to GHc5,000.00 against the plaintiff. The ruling serves as a precedent emphasizing accountability within law enforcement and the judiciary’s commitment to protecting citizens’ rights against abuse of power.
This landmark case highlights the importance of upholding the rule of law and ensuring accountability in law enforcement practices. It underscores the judiciary’s role in safeguarding citizens’ fundamental rights and seeking restitution for victims of injustice. The court’s decision not only provides closure for the plaintiff but also sends a clear message regarding the consequences of excessive use of force by law enforcement agencies. As societies strive for justice and equality, such legal precedents play a pivotal role in shaping institutional reforms and promoting respect for human rights.
Source: GhanaWeb
