The Supreme Court has awarded a Ghc45,000 compensation to Mr Eric Asante, the teacher who was wrongfully jailed for 15 years on allegation of defiling and impregnating a student.
Apart from the Ghc45,000, the court also ordered the government of Ghana to pay the 13-year salary of Mr Asante, which he lost as a result of his wrongful incarceration.
Mr Asante wanted compensation in excess of GHȻ7.3m for loss of income, psychological trauma, mental disorder among other things
But in a unanimous decision Wednesday, a five member panel of the court held that Mr Asante failed to prove that he suffered any mental or emotional disorder while incarcerated.
The court, accordingly, decided to award him GHȻ3,180 for each year he spent behind bars.
Mr Asante spent 13 years behind bars and was therefore awarded Ghc45,000.
The panel was presided over by Mr Justice Anin Yeboah.
Other members were Mr Justice Paul Baffoe-Bonnie, Mr Justice Sule Gbadegbe, Mr Justice Gabriel Pwamang and Mr Justice Yaw Appau.
Paltry sum
But counsel for Mr Asante, Mr Victor Kwesi Opeku, has expressed his disappointment at the amount awarded to his client.
In an interview after the ruling, he said the decision of the Supreme Court meant that the state had been let off the hook for an injustice on his client.
“I am very disappointed that the court threw out all the claims we made and awarded a paltry sum of Ghc45,000.
“For a state to completely destroy a young person’s life for 13 years and get away with Ghc45,000 is not deterrent enough
Background
On September 5, 2005, Mr Asante was jailed 15 years in hard labour by the Tamale High Court for allegedly defiling and impregnating a 13-year-old girl who was his student.
The student claimed that Mr Asante was her lover and that he had, on many occasions, had sexual relations with her.
Throughout the trial, and even in prison, Mr Asante consistently denied the charges levelled against him, insisting that he never had any amorous relationship with the girl.
He, therefore, initiated an appeal at the Court of Appeal to prove his innocence, but, in October 2006, the Court of Appeal dismissed his appeal and upheld his conviction.
Not satisfied, Mr Asante appealed to the Supreme Court in 2012. The apex court ordered a DNA test to be conducted to ascertain whether or not the teacher was the father of the child.
In a unanimous decision on January 26, 2017, the five-member panel held that the DNA test proved that Mr Asante was not the biological father of the baby and, therefore, he could not have been responsible for the pregnancy that brought forth the child.
According to the court, apart from the pregnancy, the prosecution in the trial that led to the conviction failed to present any other evidence that the alleged victim had been defiled by Mr Asante.
It further held that the so-called victim of the defilement, by lying that the teacher had impregnated her, was dishonest and, therefore, her testimony was deliberately false.
Source: Graphic.com
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Mr Eric Asante, let your lawyer sue the girl for lying and deformation of your character. Let your lawyer take action.
WHAT KIND OF JUDGES DO WE HAVE IN GHANA? MR.ERIC ASHANTE SHOULD RERFUSE THE 45,00 CEDIS AND SUE THE JUDGES WHO AWARDED HIM THE COMPENSATION.WHAT A 'SHITOLE' COUNTRY CALLED GHANA.
was really weeping for this country. were the justices in their right frame of mind. would they have awarded such cost if the accused were to be their relation. how on earth. the law of natural justice wont even agree to dis
the girl was minor which means someone plotted this case. The court must order for the arrest of the girl for further questioning. The 45,000 for 13 years is an insu1t to every Ghanaian.
Ghana hmmmmmm, 13 years in prison compensation 45 Ghana cedis. Allah have mercy on us.
Is very bad to award such a small amount for someone who has spent 13 bad years in the prison for no bad doing .Ghana, at times things can be so funny
Shocking & sad !!! Why did all his appeals fail to request for a DNA test, in this era of technology. when even an unborn foetus can be tested at certain months of pregnancy. Ghanaian courts/Police as far as a crimes are committed then someone whether innocent or guilty, as far as you are brought in, you must pay etc, etc, etc.
That equates to 250 cedis a month. Totally outrageous!!
For me, she was a minor so cannot be tried for criminal offences. The professionalism of the judge has to be considered and either demoted or sacked. From the report, i believe that the police and prosecutors did not disclose a lot of information. Unless the reporting is not accurate, to just rely on the pregnancy and the girls claim does not link the teacher to the product in anyway so it beats my mind that the teacher can be sent down. The amount of money awarded to the teacher clearly shows the contempt the elite have for the peasants.
WHAT HAPPENS TO THE POLICE INVESTIGATOR AND THE JUDGE WHO JAILED THIS TEACHER?