Family of man wrongfully killed by police sues state
The family of Emmanuel Amofa, a 27–year-old student, who was killed in 2018 at Agbogba in Greater Accra by the police on suspicion that he was an armed robber, have sued the government, seeking GH¢10 million as compensation for the loss of life.
The suit filed at the Human Rights Division of the Accra High Court last Friday, June 5, has Amofa’s elder sister, Nana Akua Amofa, as the plaintiff with the Attorney-General (A-G) as the defendant.
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It is the contention of the family that Amofa was not an armed robber as claimed by the police.
“The deceased (Amofa) met his untimely death due to police negligence and brutality. He was killed in cold blood under the pretext of being an armed robber which turned out to be false,” the writ filed by lawyer for the family, Mr Francis Xavier Sosu, averred.
“The deceased (Amofa) met his untimely death due to police negligence and brutality. He was killed in cold blood under the pretext of being an armed robber which turned out to be false.”
Plaintiff’s case
It is the case of the plaintiff that Amofa was beaten severely by the police and was later killed by the police at close range after he tried to escape from the beatings.
“The conduct of the police violated the rights of the deceased under Chapter 5 of the 1992 Constitution, particularly with his right to life and his right to human dignity and not to be subjected to torture, cruel and dehumanizing treatment,” the statement of claim accompanying the suit averred.
Among other reliefs, Amofa’s elder sister is, seeking a declaration that the killing of her brother is a violation of his right to life as guaranteed under the 1992 Constitution, and a declaration that the killing was due to the negligence of duty of the Ghana Police Service.
She is further seeking GH¢10 million in compensation for loss of life, as well as cost.
Police version
On April 16, 2018, Amofa was shot and killed by a police patrol team at a place known as cemetery junction which is close to the Agbogba cemetery. The police claimed he was an armed robber
Briefing Graphic Online on April 17, 2018, the Public Relations Officer of the Accra Regional Police Command, Assistant Superintendent of Police (ASP), Mrs Effia Tenge, as she then was, said a police patrol team spotted three men smoking in front of a drinking spot at the cemetery junction in the wee hours of April 16, 2018.
She said the police patrol team approached them and after questioning them, they decided to conduct a search on the suspects.
According to her, in the course of the search, a weapon was found concealed around the waist of one of the suspects.
She said the armed man kicked the policeman searching him when he realised that the firearm had been discovered, and then attempted to jump over a wall close to the drinking spot.
ASP Tenge added that the police shot him and he fell into the compound of a house but was found dead when his body was retrieved. His two accomplices were arrested.
The police granted bail to the two said accomplices of Amofa, but never preferred charges against them.
Autopsy report released by the police hospital and signed by Superintendent of Police, Dr O. Owusu Afriyie, showed that Amofa was shot at close range and died of gunshot wounds.
Family’s version
The family of Amofa have categorically denied assertions by the police that Amofa was an armed robber, and also had a weapon concealed on him as claimed by the police.
In the statement of claim accompanying the writ filed at the court, the family said on April 16, 2018 around 1am, Amofa and some friends were drinking at a bar to commemorate the one week passing of one of their peers.
According to the statement of claim, a police patrol car approached the group. Amofa was arrested while the rest fled.
“The police manhandled the deceased and subjected him to severe beatings amidst their insistence that he was an armed robber, an allegation the deceased consistently denied to the annoyance of the police.
In an attempt to escape the inhumane and unbearable torture and abuse by the policemen, the deceased took to his heels and the police pursued him while firing sporadic gunshots at his direction,” the statement of claim averred.
It is the case of the plaintiff that Amofa who lived in the area, jumped a wall into the compound of one Mr Mensah, a neigbour and friend of his family.
“The armed policemen followed him into the compound and at close range, shot and killed him in cold blood,” the statement of case added.
Family quest for answers
After the killing of Amofa, his family went on many media platforms to demand justice for his death.
“It is very sad because officially we have not heard anything from anyone. We cannot say that we are happy because our brother who was killed was innocent. We are sad; my mum is crying, my dad is crying, the whole family is crying. I remember when this first happened; the police was very rude to us because they insisted our brother was an armed robber. But, for us to get closure, they really need to tell us what happened,” Nana Akua, Amofa’s elder sister told a press conference in 2018.
In January, last year, The Finder newspaper reported that it had chanced on an investigative report by the Criminal Investigations Department (CID) of the Ghana police service which showed that Amofa was not an armed robber.
According to The Finder, the report recommended an apology and compensation for the family, but did not recommend any sanction against the police officers involved.
The report, The Finder said rather recommended more training for the police officers.
The police administration has not denied or confirmed the existence of any such investigative report by the CID
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