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Crime & Punishment of Tuesday, 29 April 2025

    

Source: www.ghanawebbers.com

Oliver Barker-Vormawor sues Police, Prison Service, AG for GH₵9.9m over wrongful imprisonment of farmer

Lawyer and activist Oliver Barker-Vormawor has filed a lawsuit. He is suing the Ghana Police Service, the Ghana Prisons Service, and the Attorney-General. He seeks GHC 9.5 million for the wrongful incarceration of Kwabena Huletey, a subsistence farmer.

Mr. Huletey spent seven years in prison without a conviction. He now faces health issues like memory loss, severe back pain, and hearing loss in his right ear.

This legal action follows a report by The Fourth Estate in May 2024. The report highlighted systemic failures in Ghana’s justice system. It often leads to the imprisonment of poor individuals without due process.

Mr. Huletey’s case shows serious procedural lapses and institutional neglect. His situation exemplifies this injustice clearly.

In July 2015, Mr. Huletey traveled from Nankese to Akuapem Adoso. He went to discuss marriage plans with his uncle after separating from his first wife. There, he met Dela Hunukeh, daughter of a family friend. Both families approved their union, and preparations began for marriage rites.

Soon after, Mr. Huletey learned that Miss Hunukeh had a chronic illness. Her family admitted they hoped for financial help for her treatment through marriage. Willing to support her, Mr. Huletey covered her healthcare costs but her condition worsened.

Despite his efforts, she needed more medical attention after a severe episode at home. She was sent to the Adoso Clinic but was later referred to Mampong Clinic.

The lawsuit states that treatment costs were substantial for Mr. Huletey as a subsistence farmer. Financial strain quickly became overwhelming for him.

Due to money issues, they sought affordable care at Tinkong Clinic nearby. After assessing her condition there, she was referred again to Koforidua Roman Catholic Hospital.

At this point, Mr. Huletey's finances were completely depleted from medical expenses and transportation costs.

After discussions with Miss Hunukeh's family, they agreed on delaying further hospital treatment until Monday. Mr. Huletey planned to sell produce from his farms for funds but unfortunately, Miss Hunukeh died before then.

Following her death, Mr. Huletey was arrested and charged with murder despite no credible evidence against him. At Mampong District Court, police requested his remand while investigations continued.

A year later, with no case established against him, the court ordered his release but he wasn’t freed immediately.

Instead of being released, police returned him to Koforidua Prison without explanation or authority.
He remained there forgotten by the justice system for five more years until an NGO intervened in 2022 through the Justice for All Programme.

His seven-year wrongful imprisonment severely impacted Mr.Huletey's health and well-being.
According to the suit filed by Barker-Vormawor's team at Merton & Everette LLP in Accra,
Huletey now suffers from debilitating bone conditions and cognitive issues like memory loss.

The trauma continued even after his release.
During his time in prison,
his sister suffered a mental breakdown due to financial reliance on him.
His mother passed away without him knowing,
and he lost contact with his daughter and grandchildren.
He only learned about these losses upon regaining freedom.

The realization of how much he lost during incarceration caused him immense emotional pain.
It also led to deep psychological trauma and feelings of profound loss according to the suit.

Moved by Mr.Huletey's story,
Barker-Vormawor visited him on June 13,
2024 after The Fourth Estate published it.
Outraged by what happened,
they vowed to seek justice on his behalf.

The lawsuit demands GHS9 million in damages:
GHS500k for violation of personal liberty,
GHS500k for suffering endured in prison,
GHS2 million for permanent health complications due to neglect,
GHS500k for emotional trauma,
and GHS3 million for economic hardship caused by wrongful imprisonment.

Additionally,
he seeks GHS1 million each
for dissolution of marriage,
separation from family members,
and loss of connections including deaths during detention.
The lawsuit also requests GHS400k for legal fees incurred during this process.