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Former spokesperson for the New Force Movement, Shalimar Abbiusi, has taken legal action against the Republic of Ghana, seeking compensation of one million dollars for what she alleges to be violations of her human rights.
Abbiusi’s legal team, led by Francis Xavier Sosu, filed a lawsuit at the international ECOWAS Court on January 23, 2024, seeking redress for nine instances of human rights violations and injustices.
The incident in question occurred in December of the previous year when the Ghana Immigration Service (GIS) arrested and charged Abbiusi for allegedly obtaining a student permit through false declaration, contrary to section 52 (1) (i) of the Immigration Act 2000 {Act 573). Subsequently, the charges against her were dropped, and she was deported.
Dissatisfied with the circumstances surrounding her arrest, deportation, and the ensuing criticism directed at the GIS for alleged human rights abuses, Abbiusi’s attorney, Francis-Xavier Sosu, initiated legal action against the state, seeking compensation on behalf of his client.
In her writ filed on January 23, 2024, the 30-year-old Belgian demanded “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 originating application for the enforcement of Abbiusi’s human rights pursuant to Articles 9(4) and Protocol A/P.1/07/91 and Supplementary 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.
