Abbiusi, represented by her legal team led by Francis Xavier Sosu, has outlined nine reliefs seeking redress for human rights violations and perceived injustices. The action stems from her arrest and subsequent deportation by the Ghana Immigration Service (GIS) in December of the previous year.
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The New Force’s Shalimar Abbiusi sues Ghana at ECOWAS Court, demands $1m compensation
Shalimar Abbiusi, the former spokesperson for the New Force Movement, has taken legal action against the Republic of Ghana, demanding one million dollars in compensation for what she alleges are violations of her human rights. The case, filed at the international ECOWAS Court on January 23, 2024, highlights concerns over the treatment of individuals by state authorities.
Spokesperson for The New Force, Shalimar Abbiusi reportedly arrested
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Initially charged with "obtaining for yourself a student permit by false declaration," the charges against Abbiusi were later dropped, and she was deported from Ghana. Dissatisfied with the circumstances surrounding her arrest, deportation, and subsequent criticism leveled at the GIS, Abbiusi's attorney, Francis-Xavier Sosu, has initiated legal proceedings against the state, seeking compensation for his client.
In the writ filed on January 23, 2024, Abbiusi, a 30-year-old Belgian, explicitly demands, "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, aimed at enforcing Abbiusi's human rights as per Articles 9(4) and Protocol A/P.1/07/91 and Supplementary Protocol A/SP.1/01/05, was formally submitted on January 24, signalling a significant legal challenge against the Ghanaian state.
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The case has attracted attention both domestically and internationally, underscoring the importance of upholding human rights principles and ensuring accountability for state actions. As the legal proceedings unfold, there will likely be heightened scrutiny of Ghana's adherence to its legal obligations and respect for individual rights under international law.
Below are the reliefs Shalimar is seeking from the ECOWAS court:
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.
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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.
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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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