Decision on Strike Out of the African Commission on Human and Peoples' Rights
Communication 684/18: Seth Appiah-Mensah v. The Republic of Ghana
Summary
1. The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat) received a Complaint on 12 January 2018 from Seth Appiah-Mensah
(the Victim), against the Government of Ghana (the Respondent State), a State
Party to the African Charter on Human and Peoples' Rights (the African Charter).1
2. The Complainant states that he served in the Ghana Armed Forces from 1983 to
2006 with distinction as a Naval Officer in various positions.
3. The Complainant states that on 03 January 2006, he applied for a voluntary release
from the Navy. The Naval Headquarters responded that he could not be released
until a six-month mandatory period had elapsed, pursuant to an administrative
decision, which he states, does not override the Armed Forces Regulation and is
contrary to Article 23 of the 1992 Constitution of the Republic of Ghana. This led
to a series of meetings between the then Chief of the Naval Staff, Rear Admiral
Sampa Nuno and himself in order to try and obtain his recommendation for his
release. The Complainant states that, in the meantime, he had received a job offer
from the United Nations (UN) with a reporting date of 30 March 2006. He notified
the Navy accordingly and requested for his release to be expedited on
humanitarian grounds but again, the response was negative.
4. The Complainant avers that he wrote back informing the Navy of his right of
release given that he had already served over 23 years with distinction. This
prompted a last meeting where Rear Admiral Nuno agreed that he could proceed
on leave but would not be released until the end of the six months mandatory
period. The Complainant alleges that the Rear Admiral changed his mind after he
left for New York and instructed the then Flag Officer Commanding Eastern Naval
Command, Vice Admiral Quashie, to initiate the process for Absent Without
Official Leave (AWOL). The Complainant claims that on 26 June 2006 while the
investigation was on-going, his family was forcibly and in a humiliating manner,
evicted from his military accommodation at Burma Camp by armed Police with 12
hours' notice.
5. The Complainant avers that he had taken several steps to seek redress through the
Ghana Armed Forces Council and the Office of the President, and that on two
occasions, the Armed Forces Council considered his cas , ·. JtQ,�
November
2010, responded to his Attorney, Atugba and Associatet,;tn�fF{e'HJg1l"" ommand
of the Ghana Armed Forces had decided that he was fJ-1u · 1ye_ r
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would be apprehended and prosecuted if sighted in G a . ;(�,
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1
Ghana ratified the African Charter on Human and Peoples' Rights (the African��..:March 1989.
2