After 14 years behind bars without trial, Francis Agyare can now start a new life after claims awarded to him by the Human Rights Court against the state have finally been paid.
On March 13, 2014 the Human Rights Court presided over by Justice Essel Kofi Mensah awarded an amount of GH¢200,000 against the state for what it termed as unreasonable and unjustifiable detention of Francis.
Justice Mensah, in his judgment, said the act by the state was not just an affront to the 1992 Constitution but also to the various human rights charters to which Ghana was a signatory.
After several cries for justice and over a year of back and forth as well as delays from the Attorney General’s Department and the Ministry of Finance, Francis Agyare can now say justice has been served in his case.
Francis who had a final meeting with the Ministry of Finance on Wednesday and Thursday told the Weekend Finder everything has finally been settled and the payment has been made.
“I had issues with my lawyer; I took a petition against him to the General Legal Counsel which further delayed the process for about four months.”
He told the paper that their disagreement was based on the percentage his lawyer, Francis Xavier Sosu wanted to take out of the total amount the court granted, which he didn’t agree to.
He further accused his lawyer of conniving with others to swindle him and take what was rightfully his.
When the paper contacted lawyer Sosu who defended Agyare in the matter, he said the allegations made by his client were false and mere fabrications. He also said that after the incidents he decided to let go of everything.
“Later Francis Agyare sent a delegation to my office to apologize and agreed to pay 25% as compensation for all we did for free for over three years, which had given him victory.
I wrote a letter to the ministry of finance confirming these facts which was delivered by someone on my behalf but the ministry still refused to pay saying lawyers do not deserve anything outside the range of 5-10% of the judgment without regards to the special arrangement we earlier had with Agyare .We paid for writ and all other processes throughout the almost two year hearing, taking care of medical expenses, accommodation, feeding and clothing among other forms of upkeep.”
Mr Sosu, further, told the paper that some individuals at the Ministry of Finance got Agyare to open a secret account into which they intended paying the money without giving the firm it's due adding that, they took advantage of the physiological imbalances and depression of Agyare coupled with the result of the delays in the payment to moot the whole idea to undermine the firm and deny them any benefit after its three years of whole hearted sacrifice.
He told the paper, “We are still willing to let go of any benefit because I did this for God and Country. It's just sad that there are many more people who may not get similar support from us in the future. This work is difficult. If our hard work produces result it is just fair to also have some benefit at least to help others who also need similar help because we are not funded by any institution. It's our work that must reward us so we can do more.”
Francis Agyare, however, told the paper that he has agreed to give his lawyer 25% of the amount.
Background of the case
Mr Francis Agyare, now 47, was arrested on January 5, 1994 with about 57 suspected criminals at the James Town Beach where he had gone to buy fish for meals for himself and his family.
Fofo Afagadzi, who is now facing life imprisonment at the Nsawam Medium Security Prison, had pointed at Agyare as one of his accomplices. Without any investigation to ascertain the veracity of the allegation, the applicant was charged with robbery and, together with other suspects, taken to court on January 10, 1994.
At the court, the police asked that he be remanded in prison custody, pending further investigations and trial along with the other accused persons.
At the Nsawam Prison, the applicant was kept in Block 1 Cell 9 with other remand prisoners and was never given the chance to go back to court for over 14 years.
Agyare was denied the benefit of being with convicted prisoners, since, as a remand prisoner; he was perpetually confined to Block 1 Cell 9, with no opportunity of freedom even within the walls of the prison for more than 14 years.
On his eventual release on May 29, 2008, under the Justice for All Programme, the judge, Mr Justice D.K. Ofosu Quartey, described his continued remand as a breach of his fundamental human rights.
Human rights court judgement
Justice Essel Kofi Mensah on March 13 indicated that society would be at risk if the state was allowed to imprison people without trial.
“The ordeal the applicant went through must not be encouraged in a country where there is rule of law” the judge noted, adding that as much as the state had the constitutional duty of ensuring the safety and security of all, the court had the duty of ensuring that the liberties of individuals were not abused.
He said looking into the case there was no evidence before the court that the detention was based on any order from any court since January 10, 1994 when he was remanded until his release in May 2008. “Even though the state said in its affidavit in opposition to that of the applicant’s that the accused was rightfully arrested and that what happened was unreasonable delay and not unlawful detention, the state could not produce any document whatsoever to support their claim.
It is sad that the state did not heed to the request of the applicant to produce all necessary document before the court. The state was economical with the truth in its affidavit,” pointing out that they had failed to establish the lawfulness of the applicant’s detention.
He said it was extremely difficult to quantify the extent to which the state has ruined Francis’ life taking into consideration the fact that he lost his livelihood, his finances, his health, his family, his son dropping out of school and the fact that he cannot reintegrate into society due to stigmatisation.
In that vein Justice Mensah declared that Francis was unlawfully detained and that the state should pay him damages of GH₵200,000 for both monetary and other things he lost.
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