A Circuit Court in Accra has found the Ghana Armed Forces negligent in a case involving injuries sustained by four children following a grenade explosion at a playground in South La Estates.
In a judgment delivered by His Honour Samuel Bright Acquah, the court held that although the plaintiffs failed to prove that the explosive device belonged to the Ghana Armed Forces, the military institution nonetheless owed a duty of care to the community and failed to adequately safeguard the area under its control.
The case was brought by Okoh Adams and four minors through their next friend, following an incident on August 4, 2022. According to the facts presented in court, the children had gone to feed pigs and later moved to a nearby playground when they encountered an object, later identified as a hand grenade. The object exploded, causing varying degrees of injuries to the children.
The plaintiffs argued that the Ghana Armed Forces had conducted a firing exercise in the area days earlier and failed to properly clear unexploded ordnance, thereby exposing residents, particularly children, to danger. The defendants, including the Chief of Defence Staff, the Ghana Armed Forces, and the Attorney General, denied liability and contended that the grenade did not originate from their stock.
On the key issue of ownership of the explosive, the court ruled that the plaintiffs did not provide sufficient evidence to establish that the grenade belonged to the Ghana Armed Forces. It noted that investigations by the Ghana Police Service contained discrepancies and did not conclusively support the plaintiffs’ claims.
However, the court proceeded to examine whether negligence could still be established. It held that as occupiers of the land where the incident occurred, the Ghana Armed Forces owed a duty of care to the surrounding community, especially given the proximity of residential areas and the frequent presence of children.
The court acknowledged evidence that the military typically conducts “Free From Explosive” exercises after firing drills to clear unexploded materials and issues warnings to communities ahead of such activities. Despite these measures, the judge found that they were insufficient, particularly in protecting children.
The court observed that while adults may receive and understand warnings, little is done to directly safeguard children who continue to access and use the area. It further noted that the possibility of explosives being left behind, or even introduced by other parties, highlighted gaps in safety monitoring and risk prevention.
In its ruling, the court emphasised that the Ghana Armed Forces must take additional steps to secure areas under their control. These include intensified public education through community leaders, schools and churches, as well as physical measures such as cordoning off or fencing hazardous zones and ensuring regular monitoring.
The court concluded that the failure to adequately secure the area and protect vulnerable members of the community amounted to negligence.
As a result, the court awarded the plaintiffs general damages of 50,000 Ghana cedis and special damages of 4,000 Ghana cedis. It also ordered the establishment of a medical fund and insurance cover for the second plaintiff for life, or until all foreign objects resulting from the explosion are removed from the body.
The court directed that the damages be borne jointly and severally by the defendants.
The ruling underscores the legal responsibility of state institutions to ensure public safety in areas under their control, particularly where hazardous activities such as military exercises are conducted.
By Eric Mawuena Egbeta
