The Huahi Royal Family of Boadi in the Ashanti Region has filed a lawsuit against the Inspector General of Police (IGP) for his unlawful arrest by Ghana Police Service officers.
Prior to the release of the plaintiff, Mr. Kwabena Badu, he was humiliated, tortured, and embarrassed at a palace rather than being processed for court.
“In my case, following my arrest on 18th November, 2021, the police failed, neglected or refused to caution or charge me for any offence but rather subjected me to torture, physical assault and humiliation on my personality and dignity.
“That I am advised by counsel and I respectfully concur with the advice that the police has no right, power or authority to arrest, restrict or detain a suspect without officially cautioning or charging him, and that any such arrest, restriction or detention contrary to the rules and procedures enshrined in the Constitution amounts to flagrant disregard for the Constitution and a breach of the constitutionally guaranteed rights of the suspect,” the plaintiff stated in his application.
According to the plaintiff, the police officers violated his right to personal liberty, human dignity, the right against unlawful arrest, detention, or restriction, and torture, as well as the right to administrative fairness, through this act.
The plaintiff also stated that, despite a petition to the Police Service to investigate the matter, no concrete solutions had been reached, resulting in the filing of the lawsuit.
Badu is requesting that the court declare his arrest unconstitutional, claiming that the police violated his fundamental human rights guaranteed by the 1992 Constitution. He requests the following as part of his reliefs:
It is the case of the plaintiff that by this act, the police officers violated his right to personal liberty, human dignity, right against unlawful arrest, detention or restriction and torture, as well as right to administrative fairness.
The plaintiff added that despite a petition to the Police Service to interrogate the matter, no concrete solutions had been reached, hence the suit.
Badu is asking the court to declare as unconstitutional his arrest, adding that the police violated his fundamental human rights guaranteed under the 1992 Constitution. As part of his reliefs, he asks for the following:
“An order directed at the respondents to pay me an amount of GH¢500,000 as compensation for my unlawful arrest and restriction pursuant to Article 14(5) of the 1992 Constitution.”
“An order directed at the respondents to compensate the applicant for the inconvenience, embarrassment, waste of time and violation of his fundamental human rights to dignity and administrative justice to a tune of GHC500,000.”
He also seeks an injunction prohibiting the respondents, particularly all police officers involved in the misconduct under the respondent’s authority, from unlawfully arresting, restricting, and/or detaining him in the future.
