Chief vs Government Togbe Afede sues AG and others for encroachement

The Agbogbomefia of the Asogli state of the Volta Region, said the construction of a 6-storey building by the military is infringing on his privacy and safety.

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The President of the National House of Chiefs Togbe Afede XIV has sued the Attorney General, the Interior Minister, the Chief of Defence Staff, Ghana Army and a private developer for constructing a military building near his private residence.

The Agbogbomefia of the Asogli state of the Volta Region, said the construction is an infringement on his right.

He said the construction of the 6-storey building has led to the destruction of his security lights and also compelled him to abandon his private car park.

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The suit added that he feared that if the structure is allowed to be completed in its current form without any modification, his rights to privacy of his home will be compromised.

“… I am again advised by Counsel and I verily believe same to be true that privacy is a foundation bedrock of right on which other human rights are built, and that if the Respondents are not restrained, the Applicant’s [Togbe Afede’s] rights would be greatly violated.”

 “.. I am further advised by Counsel and I verily believe same to be true that the wing that overlooks Applicant’s home also violates Article 12 of the United Nations Declaration of Human Rights (UDHR) 1948, which provides that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

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He said the “unlawful and arbitrary interference” with his privacy has caused him considerable damage which includes the loss of human dignity and sense of security, a threat to his life, emotional and psychological trauma, destruction of security lights and abandonment of his private car park due to fallen debris from the structure.

He is, therefore, praying the Human rights division of the Accra High Court to declare the structure as a violation of his right to privacy, and also order the removal of its wing overlooking his home or alternatively, a screen on part of the structure to guarantee his privacy.

He also filed an injunction to restrain the military from carrying out further development on the structure, pending the final determination of the case.

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