Customer Support

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

(2016) JELR 107461 (HC)

High Court 12 Oct 2016 Ghana
BriefBot icon

BriefBot Summary

Free

- The Court held that the Plaintiff’s administrative dismissal from the Ghana Armed Forces following a disciplinary conviction for negligence did not constitute double jeopardy, as the administrative release was not a criminal sanction but

Case Details

Suit Number:SUIT NO. BMISC 402/2013
Judges:H/L DORIS BEMPONG MRS.
Counsel:Augustine Asafo Adjei for Respondent. Cynthia Ofori for the Defendant.

J U D G M E N T 


Plaintiff’s claim in this matter against the Defendant which was  filed on 22/2/2013 is for: 

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. 

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.

3. General damages for the wrongful release from the Ghana  Armed Forces. 

4. Cost. 

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.  

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.