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.
Core Terms Beta
plaintiff
armed forces
section
double jeopardy
prejudice of good order
release
armed forces act
disciplinary committee
board of inquiry
defendant
naval base
act conduct
alleged offence
armed force
armed forces law
armed robbers
best interest of the armed forces
case of the defendant
close of pleadings
command of the naval base
completion of its work
conduct disorder
court’s view
criminal code
employer of the plaintiff
further checks
further declaration
general damages
general information
good order
legal principle of double jeopardy
main mandate
naval headquarters
plaintiff claim amounts
present case
release of the plaintiff
serial number
sign-off
subsequent release
temporal log books of the base
wrongful release

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…

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