Three years after a controversial military operation left a trail of injuries and destruction in Ashaiman, 237 affected residents have filed a class-action lawsuit against the state, demanding justice and substantial compensation.
The suit, filed at a High Court, names the Ghana Armed Forces (GAF) and the Ministry of Defence as the first and second defendants, respectively. The Attorney-General’s Department has been joined as the third defendant.
The legal action stems from a dawn swoop carried out by soldiers in the Tulaku and Ashaiman Taifa areas on March 7, 2023. The operation was launched to apprehend suspects linked to the killing of a young soldier, Imoro Sherrif. However, it sparked widespread public outrage after numerous residents came forward with reports of being beaten, harassed, and having their property destroyed by the military personnel.
“Unlawful Conduct” and Claims for Damages
In their statement of claim, the plaintiffs are asking the court to declare the military operation unlawful. They allege that soldiers, acting as servants or agents of the state, assaulted residents and unlawfully destroyed both personal and real property.
The residents are seeking multiple reliefs from the court, including:
· A declaration that the physical abuse inflicted upon them was illegal.
· A declaration that the destruction of their property was unlawful.
· An order for the defendants to cover all past and future medical expenses related to injuries sustained during the raid.
· General damages for the physical pain, emotional distress, and psychological trauma endured.
· Compensation for the full cost of damaged homes and belongings, as well as for money they claim was lost during the operation.
Furthermore, the plaintiffs are calling for the dismissal of the military personnel involved and are seeking legal costs, including fees assessed at 25 per cent of any sums awarded, based on the Ghana Bar Association scale.
A Long Wait for Justice
Speaking to the press on Monday, March 9, the lead lawyer for the victims, Emmanuel Kumadey, acknowledged the frustrations surrounding the three-year delay but emphasized the importance of following due process.
“The wheels of justice grind slowly, but they eventually get to their destination,” Mr. Kumadey said. “We do not have any option but to exercise patience and follow the full legal process laid down by the courts.”
He revealed that some of his clients suffered severe injuries during the incident, requiring hospitalization and ongoing medical care. “They have expressed disappointment [over the delay], but they still believe justice will be delivered through the legal process,” he added.
Background of the Incident
The military operation in March 2023 triggered immediate public outcry and prompted an investigation by the Parliamentary Committee on Defence and Interior of the Eighth Parliament. The committee’s findings concluded that the military’s actions had violated the fundamental human rights of civilians, describing the force used as “excessive.” It recommended sanctions against the officers involved and compensation for the victims—recommendations that, according to the plaintiffs, have yet to be fulfilled.
Open to Settlement
While pursuing the legal route, Mr. Kumadey indicated that the victims are not opposed to an out-of-court settlement should the government demonstrate a willingness to address their concerns.
“This is a civil action, so if the government decides to meet the demands we have placed before the court, we are ready to sit down and discuss an amicable settlement,” he stated.
He urged his clients to remain patient as the legal proceedings continue and appealed to civil society organizations and professional bodies to support their pursuit of justice.
