The recent acquittal of Yaw Asante Agyekum by the Ghana Appeals Court after 20 years of wrongful imprisonment raises important questions about the rights of individuals who have been wrongly convicted and imprisoned. In Ghana, individuals who have been wrongly imprisoned can seek compensation for the harm they have suffered. This article will explore the legal framework for seeking compensation and the potential avenues available to Yaw Asante Agyekum.
Constitutional Rights
The Constitution of Ghana, Article 19(1), provides that every person has the right to liberty and security of the person. Article 19(2) further states that no person shall be deprived of his liberty except on grounds of public interest. In the case of Yaw Asante Agyekum, his wrongful imprisonment for 20 years is a clear violation of his constitutional rights.
Compensation Under Ghanaian Law
The State Proceedings Act, 1998 (Act 555) provides a framework for individuals to seek compensation from the state for wrongful acts. Section 10 of Act 555 states that a person who has been wrongly imprisoned can bring an action against the state for compensation.
In the case of Ghanaian courts, the precedent set in the case of Republic v. High Court (Fast Track Division) Accra; Ex Parte Attorney-General (Richard Anane Agyepong case) [2006] GHASC 9, the Supreme Court held that the state can be liable for wrongful imprisonment.
Potential Compensation
Based on Ghanaian law and decided cases, Yaw Asante Agyekum may be entitled to compensation for his wrongful imprisonment. The amount of compensation would depend on various factors, including the length of imprisonment, the impact on his life, and the severity of the miscarriage of justice.
Avenues for Seeking Compensation
Yaw Asante Agyekum can explore the following avenues to seek compensation:
1. Civil Suit: He can bring a civil suit against the state under the State Proceedings Act, 1998 (Act 555).
2. Application for Compensation: He can apply for compensation under the Constitution of Ghana, Article 19, for the violation of his right to liberty.
In conclusion, Yaw Asante Agyekum’s case highlights the need for the state to provide adequate compensation to individuals who have been wrongly imprisoned. By exploring the available legal avenues, Yaw Asante Agyekum can seek justice and compensation for the harm he has suffered. Alexander Afriyie