A gardener has instituted a court action against the state demanding compensation for what he says are gunshot wounds he suffered at the hands of a military officer at Nsawam during the 21-day COVID-19 lockdown in the Greater Accra, Greater Kumasi and Kasoa areas.
In his written submission to the High Court, the gardener, Isaac Odei, alleges that on 17 April 2020, at about 8:00am during the period of the lockdown, while he was on his motorbike returning from work, Second Lieutenant (2/LT) Maximus Owusu-Peprah, of the Ghana Armed Forces beckoned him to stop upon reaching Doboro, near Nsawam, where a roadblock had been mounted by a military unit.
Facts of the case
Odei explains that while he was in the process of stopping, Owusu-Peprah, fired a shot at him which was lodged in his buttock. A second shot he says burst the tyre of his motorbike through his left leg causing him to fall off his bike.
“To add salt to the injury of the Applicant (Isaac Odei) the said 2LT/ Maximus Owusu-Peprah, came closer to the Applicant and pointing the gun at the chest of the Applicant, the military man fired a third shot at a close range and the bullet from the gun was released and lodged straight into the ribs of the Applicant.
“Sensing danger the said 2/LT Maximus Owusu-Peprah, called a taxi driver and a young man who were standing nearby who rushed the Applicant to the Nsawam General Hospital for medical treatment. Due to the severe nature of the wounds the Applicant sustained from the three shots fired by the said 2/LT Maximus Owusu-Peprah, he was rushed to the 37 Military Hospital from the Nsawam General Hospital for immediate medical attention,” Odei’s written submission stated.
The Applicant further noted that he underwent several surgeries at the 37 Military Hospital, after which surgeries a police investigator from the Nsawam Police Station came to the hospital to take the statement of the Applicant. He added that he was discharged from the 37 Military Hospital on or about 15 May 2020 after 28 days at the hospital. As a result of the injuries, he has not been able to work to feed his family and no compensation has been paid to him by the state nor the military.
Reliefs sought
The Applicant is therefore praying the court to make an order for compensatory damages against the Defendant (2/LT Maximus Owusu-Peprah) for the injuries he sustained as a result of the recklessness of the said 2/LT Maximus Owusu-Peprah.
Secondly, he is praying the court to direct the Attorney General to prosecute Owusu-Peprah for attempted murder contrary to sections 48 of the Criminal and other Offences Act, 1960 (Act 29).
Thirdly, he is asking the court to direct the Chief of Defence Staff to constitute a disciplinary committee to probe into the circumstance that led to his shooting by Owusu-Peprah. He is also demanding the payment of cost including legal fees.
The Applicant commenced this action at the Human Rights High Court on 3 July 2020 and the determination of the suit is still pending at same.
Wilberforce Asare
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