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Lawyer and activist, Oliver Barker-Vormawor has filed a lawsuit against the Ghana Police Service, the Ghana Prisons Service and the Attorney-General, seeking GHC 9.5 million in compensation for the wrongful incarceration of Kwabena Huletey, a subsistence farmer.
According to court documents, Mr. Huletey, who spent seven years in prison without a conviction, is struggling with health complications, including memory loss, severe lower back pain, and hearing loss in his right ear.
The legal action follows a report by The Fourth Estate in May 2024, which detailed how systemic failures in Ghana’s justice system often result in the imprisonment of the poor without due process. Mr. Huletey’s case, marked by procedural lapses and institutional abandonment, became a stark example of this injustice.
In July 2015, Mr Huletey travelled from his hometown of Nankese to Akuapem Adoso, both in the Eastern Region, to discuss marriage plans with his uncle, Mr Kofi Camidoh, after separating from his first wife whom he had three children with. There, he was introduced to 19-year-old Dela Hunukeh, daughter of a close family friend. Both families approved of the match, and preparations for the customary marriage rites began.
However, Mr Huletey soon learned that Miss Hunukeh was battling a chronic illness. Her family admitted that part of the motivation for the union was to secure financial help for her treatment. Willing to support her, Mr Huletey took responsibility for her healthcare, covering transport and medical costs, but her condition worsened.
Despite his efforts, her health deteriorated. When she was sent to the Adoso Clinic after a severe episode, the clinic referred her to the Mampong Clinic in the Eastern Region.
According to the suit, “The cost of treatment there was substantial, and the financial strain on the Plaintiff, who was of modest means as a subsistence farmer, quickly became overwhelming.”
Due to financial constraints, Mr Huletey and his fiancée’s family sought affordable care for Miss Hunukeh at the Tinkong Clinic, also in the same region. After assessing her situation, the clinic also referred her to the Koforidua Roman Catholic Hospital.
At that point, the court document says that “his financial resources had been completely depleted. Having exhausted all his savings on medical expenses, transportation, and other incidental costs, he was unable to immediately afford further treatment.”
After discussions with her family members, they agreed that they would not seek additional hospital treatment until the following Monday. This was because Mr Huletey had planned to secure additional funds from selling some produce from his farms. Unfortunately, Miss Hunukeh succumbed to her illness.
Following her death, Mr. Huletey was arrested and charged with her murder, despite the absence of credible evidence. At the Mampong District Court, the police prosecutor requested his remand while investigations continued. A year later, with no case established against him, the court ordered his release.
But instead of being freed, a police officer returned him to Koforidua Prison—without explanation or legal authority. There, Mr. Huletey remained for five more years, effectively forgotten by the justice system, until a non-governmental organization intervened through the Justice for All Programme and secured his release in 2022.
The seven-year wrongful imprisonment has taken a profound toll on Mr Huletey’s health and well-being. According to the suit filed by Mr Barker-Vormawor and his legal team at Merton & Everette LLP, a law firm based in Accra, Huletey now suffers from debilitating bone and muscle conditions, severe lower back pain, hearing loss in his right ear, deteriorating vision, and cognitive issues, including memory loss and confusion.
The trauma didn’t end with his release. During his incarceration, Huletey’s sister, who relied on him for financial support, suffered a mental breakdown. His mother passed away without his knowledge, and he lost connection with his daughter and grandchildren. He only discovered these devastating changes after regaining his freedom.
The sudden realisation of how his family disintegrated during his unlawful incarceration has caused him immeasurable emotional pain, deep psychological trauma, and a profound sense of loss, the suit states.
Moved by the story, Mr. Barker-Vormawor and his team visited Mr Huletey on June 13, 2024, after The Fourth Estate published the story. Outraged by his ordeal, they vowed to pursue justice on his behalf.
The suit filed in court demands GHS9.9 million in damages: GHS500,000 for violation of his personal liberty and denial of a fair trial, and GHS500,000 for the physical and psychological suffering endured in prison. He is also demanding GHS2 million for permanent health complications attributed to inhumane conditions and medical neglect, including GHS500,000 for emotional trauma and GHS3 million for loss of livelihood and long-term economic hardship. Mr Huletey is also seeking GHS1 million for the dissolution of his marriage and loss of companionship, GHS1 million for separation from his daughter and grandchildren, and GHS1 million for the loss of family connections, including the deaths of loved ones while he was unlawfully detained. The lawsuit also seeks GHS400,000 for legal fees.
