In a significant ruling, the Accra High Court has directed the Ghana Immigration Service (GIS) to pay GH¢910,000 in damages to Mr. Kwame Mensah. The court found that GIS unlawfully barred Mr. Mensah from traveling abroad, resulting in the loss of a lucrative job opportunity.
Mr. Mensah, a qualified engineer, had obtained a position with an international company in Dubai and was scheduled to depart from Kotoka International Airport in August 2023. However, GIS officers detained him at the airport, citing unspecified security concerns, despite Mr. Mensah having all necessary travel documents, including a valid passport and visa.
Efforts to resolve the issue with GIS proved futile, leading to Mr. Mensah missing his start date. As a result, the employer withdrew the job offer, citing his failure to commence work as planned. Distressed by the situation, Mr. Mensah sought legal action, arguing that GIS’s conduct was arbitrary and caused him significant financial and emotional distress.
Justice Adwoa Agyeman, who presided over the case, ruled in favor of Mr. Mensah, stating that GIS had infringed upon his constitutional right to freedom of movement. The court highlighted that while national security is essential, any restrictions on an individual’s movement must be lawful and substantiated. In this case, GIS did not provide valid reasons for their actions.
The court awarded Mr. Mensah GH¢910,000 to cover lost wages, legal expenses, and damages for emotional suffering. Additionally, GIS was ordered to issue a formal apology to Mr. Mensah and to implement measures to prevent similar occurrences in the future.
This ruling serves as an important reminder for state agencies to uphold individual rights and ensure that their actions remain within legal parameters.
