Private legal practitioner Lom Nuku Ahlijah has clarified that victims and families affected by the Accra New Town building collapse can pursue civil action for compensation while the state simultaneously undertakes criminal prosecution.
Speaking in an interview on Joy FM’s Top Story, he explained that Ghana’s legal system allows both processes to run concurrently, as they address different aspects of liability.
According to him, the criminal dimension of the case focuses on breaches of statutory duties, where the state prosecutes individuals or institutions found to have violated building regulations or acted negligently.
“The victims can file a civil suit whilst the state pursues the criminal aspect of the matter. Because the criminal aspect is dealing with breach of statute that relates to criminal liability, which is a matter for the state against the responsible entity,” he said.
He stressed, however, that affected individuals are not limited to the state’s action and can independently seek redress through the courts.
“Any family or individual impacted by this can also pursue civil action against those responsible,” he noted.
Mr. Ahlijah further underscored that no person or institution is immune from prosecution under Ghanaian law, including public officials. “In fact, even a Minister of State can be prosecuted for breach of a criminal statute. There is no immunity when it comes to compliance with the laws of the country,” he stated.
He added that state institutions are expected to uphold even higher standards, given their public mandate and responsibility to ensure safety.
Referencing the Ghana Education Trust Fund (GETFund), he noted that such statutory bodies are entrusted with executing projects in the education sector and are expected to demonstrate competence and strict adherence to safety standards.
“GETFund is set up by statute with a mandate to undertake projects and investments in the education sector. It is not expected that under any circumstance something like this happens,” he said.
His comments come in the wake of the collapse of an uncompleted three-storey building at Accra New Town, which has claimed three lives and resulted in injuries with revelations that the structure was an abandoned GETFund project.
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Source: www.myjoyonline.com