Former New Force spokesperson demands US$1m compensation from Ghana at ECOWAS Court

The former spokesperson for the New Force Movement, Shalimar Abbiusi is demanding one million dollars as compensation from Ghana for what she describes as violations of her human rights by the Republic of Ghana.

Shalimar Abbiusi in an action filed by her lawyers led by Francis Xavier Sosu at the the international ECOWAS Court on January 23, 2024, is seeking nine reliefs for human rights violations and injustice.

In December last year, the Ghana Immigration Service (GIS) arrested and charged her for “obtaining for yourself a student permit by false declaration contrary to section 52 (1) (i) of the Immigration Act 2000 {Act 573).”

The charge was later dropped and she was deported.

Dissatisfied with the manner in which she was arrested, deported and the subsequent criticism on the GIS for human rights abuses by Ms. Shalimar’s attorney, Francis-Xavier Sosu sued the state, demanding compensation for his client.

“An order directed at the Republic of Ghana to pay compensatory damages of Ghana Cedis equivalent of one million United States dollars (USD 1.000.000.00 to the applicant who is a victim of human rights violations by the Republic of Ghana,” the 30-year-old Belgian stated in her writ filed on January 23, 2024.

"The originating application for the enforcement of the human rights of the applicant pursuant to Articles 9(4) and Protocol A/P.1/07/91 and Suplementary Protocol A/SP.1/01/05 respectively was filed on January 24.

The applicant is seeking the following reliefs:

I. A declaration that every individual within the territorial jurisdiction of the Republic of Ghana is entitled to the internationally recognised human rights enshrined in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the Body of Principles for the protection of all persons under any form of detention or imprisonment; and the African Charter on Human and Peoples’ Rights.

II. A declaration that the Republic of Ghana has an obligation to respect, protect and fulfil within the territorial jurisdiction of the Republic of Ghana the internationally recognised human rights of every individual enshrined in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the Body of Principles for the protection of all persons under any form of detention or imprisonment and the African Charter on Human and Peoples’ Rights.

III. A declaration that the Republic of Ghana has violated the Applicant’s rights to liberty and security of her person and freedom from unlawful and arbitrary arrest and detention enshrined in Article 9 of the Universal Declaration of Human Rights; Article 9 of the International Covenant on Civil and Political Rights; Principles 2 and 11 of the Body of Principles for the protection of all persons under any form of detention or imprisonment and Article 6 of the African Charter on Human and Peoples’ Rights.

IV. A declaration that the Republic of Ghana violated the Applicant’s rights to fair hearing and administrative justice, enshrined in Article 10 of the Universal Declaration of Human Rights; Articles 5(2); and 14(1) of the International Covenant on Civil and Political Rights; and Article 7(1)(a) of the African Charter on Human and Peoples’ Rights.

V. A declaration that the Republic of Ghana has violated the Applicant’s rights to equality before the law and freedom from discrimination enshrined in Articles 2 and 7 of the Universal Declaration of Human Rights; Articles 2; 14(1); and 26 of the International Covenant on Civil and Political Rights; and Articles 2 and 3 of the African Charter on Human and Peoples’ Rights.

VI. A declaration that the Republic of Ghana has violated the Applicant’s rights to freedom of movement enshrined in Article 13 of the Universal Declaration of Human Rights; Article 11 of the International Covenant on Civil and Political Rights; and Article 12 of the African Charter on Human and Peoples’ Rights.

VII. An order directed at the Republic of Ghana to pay compensatory damages of Ghana Cedis equivalent of one million United States dollars (USD 1.000.000.00) to the applicant who is a victim of human rights violations by the Republic of Ghana.

VIII. Costs including legal fees on full indemnity basis.

XI. Any other order(s) or direction(s) as the Court deems appropriate for giving effect to or enabling effect to be given to the declarations made herein.

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