Adom FM Editor, reporters win assault case against NHIA

The Ablekuma District office of the National Health Insurance Authority (NHIA) and two workers there have been ordered to pay GHȼ 7,500 in damages for assaulting an editor and two reporters of Adom FM.

The Human Rights Court in Accra made the orders in a civil suit brought against the NHIA’s Ablekuma Sub-Metro, Israel Quarme Ayer and Richjoyce N. Armah, both workers of the sub-metro, by Adom FM’s Afia Pokua, Shardrack Assan and Samuel Sefa.

The court, presided over by Justice A.M.Domakyaareh (Mrs.) ordered the respondents to jointly render an unqualified apology in writing to the three within fourteen (14) days from the day of judgement and cause same to be published in any daily newspaper of national circulation, giving it special prominence.

Counsel for the plaintiffs, Samson Lardy Anyenini filed the suit September 11, 2014 after the defendants, Israel Ayeh and Richjoyce Armah had allegedly assaulted the journalists in the lawful discharge of their duties.

Background

Adom FM’s Editor, Afia Pokua and the two others were brutalized by the Manager of the National Health Insurance Scheme at Ablekuma in Accra.

Nana Sefa, a reporter with the station, had gone there to report on the frustrations and complaints of persons who had been queueing since 3am to go through biometric registration, but had his mobile phone confiscated by Israel Kwame Aryeh, the Scheme Manager of the NHIA there.

Mr. Aryeh detained the reporter, insisting he would only release him if his Editor came there.

But things took a different turn when Afia Pokua got there in the company of another reporter, Shardrack Kofi Assan.

Attempts by the News Editor, Pokua, to retrieve the phone infuriated Mr. Laryeh who, with the support of some members of his staff, pounced on her and assaulted her. She was dragged into a gutter and left with injuries on her thighs, legs, hands.

Kofi Assan on the other hand, received a number of slaps resulting in a red eye. He also lost his mobile phone. Nana Sefa, apart from having all the contents of his mobile phone wiped off and the film on his camera exposed, received his share of the beatings.

A criminal case was brought against the the two NHIA staff but the victims went to the Human Rights Court to assert their fundamental human rights.

The NHIA and the two staff argued the journalists had no remdy in human rights but the court disagreed.

They also maintained that the NHIA could not be vicariously liable for the conduct of the staff and that if at all, the journalists were assaulted by the people queueing at the Authity’s offices.

The Court disagreed and held that “Out of the several reliefs claimed by the applicants, I grant themthe following which have been proved on the balance of probabilities in accordance with the standard required by the law under Section 12 of the Evidence Act, 1975 (Act 323): –

1. A declaration that the respondents interfered with and or violated the rights of the applicants to work under safe conditions contrary to Article 24 (1) of the 1992 Constitution.
2. A declaration that the respondents interfered with and prevented the applicants from exercising their Article 21 (1) (a) right to free speech and expression which includes freedom of the press and the media.
3. A declaration that the respondents interfered with and prevented the applicants from exercising their Article 162 (5) right to at all times be free to uphold the responsibility and accountability of Government to the people of Ghana.
4. A declaration that the respondents interfered with and or violated the applicants Article 162 (4) right to freedom from interference and harassment for the views and content of their publications by taking/seizing their phone/recorder and refusing to hand over same.
5. An order to the respondents to jointly render an unqualified apology in writing to the applicants within fourteen (14) days from the day of this judgment and cause same to be published in any daily newspaper of national circulation and giving it special prominence.
6. General damages awarded in favour of the applicants as follows and jointly and severally against the respondents.
7. •      To the 1st applicant GHc32,500.00

   •      To the 2^nd applicant GHc2,000.00

   •      To the 3^rd applicant GHc1,000.00.

Costs of GHc2,000.00against the respondents jointly and severally.

Lawyer for the journalists, Samson Lardy Anyenini, said the verdict is victory for all journalists in the country.