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Togbui Afede sues military high command over breach of privacy

President of the National House of Chiefs is accusing the Military High Command of violating his privacy and has proceeded to court to sue them.

Togbui Afede XIV claims a six storey structure being put up by the military close to his Cantonment residence has left his house hugely exposed and has filed a motion to enforce his fundamental human rights guaranteed under Article 33 of the 1192 Constitution and Order 67 OF C.1 47.

He is also complaining about the noise he and his family members have been subjected to due to the construction works and the possible health implications that come with the dusty nature of the construction works.

He has therefore filed for an order of interlocutory injunction to stop the construction works at least until the substantive suit has been heard.

In a motion on notice filed on February 28, 2017, which has the Chief of Defence Staff, the Minister of Defence, the Attorney General as well as the construction firm as defendants, the applicant is asking the court to, among other reliefs, declare that the six storey structure overlooking his home amounts to a violation of the right of privacy of the applicant in breach of Article 18 of the 1992 constituition and other international instruments.

He is also asking the court to order the removal of the wing of the structure that overlooks his home or in the alternative a construction of a screen that completely guarantees the privacy of his home.

His lawyer Francis Xavier Sosu who spoke to Joy News Tuesday said all attempts to get the military high command to respect his right to privacy has proved futile.

According to him, in April 2016, his client observed that some old structures in the adjourning land belonging to the Republic of Ghana and the Ghana Armed Forces under the control of the Respondents were demolished without any warning or notice to him as a neighbour.

He said his client suffered unduly as the demolition and excavation works led to the pouring of dust and sand into client’s compound on a daily basis, including the noise from the heavy duty machinery.

In the motion, the applicant said he has written to the military high command on several occasions to discuss ways of solving the problem but nothing substantive has been achieved.

Xavier Sosu is hoping the construction works will be halted until the case has been heard.

Story by Ghana|Myjoyonline.com|Nathan Gadugah

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