Shalimar Abbiusi, a former New Force Movement spokeswoman, is requesting a million dollars in reparations from Ghana for what she claims are human rights breaches on the part of the Republic of Ghana.
In a case brought before the international ECOWAS Court on January 23, 2024, Shalimar Abbiusi is requesting nine reliefs for injustice and infringement of human rights, represented by Francis Xavier Sosu.
She was detained and accused of "obtaining for yourself a student permit by false declaration contrary to section 52 (1) (i) of the Immigration Act 2000 \Act 573" by the Ghana Immigration Service (GIS) in December of last year.
She was deported after the charge was eventually withdrawn.
Disastified 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.
The 30-year-old Belgian said in his writ filed on January 23, 2024, "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."
"On January 24, the original application was submitted for the enforcement of the applicant's human rights under Articles 9(4) and Protocol A/P.1/07/91 and Supplementary Protocol A/SP.1/01/05, respectively.
The following reliefs are requested by the applicant:
I. A proclamation that every person living within the borders of the Republic of Ghana is entitled to the universally acknowledged human rights protected by the African Charter on Human and Peoples' Rights, the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, and the Body of Principles for the Protection of All Persons Under Any Form of Detention or Incarceration.
II. A proclamation that the Republic of Ghana is required by international law to uphold, defend, and fulfill within its borders the human rights of every person guaranteed by the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, and the Body of Principles for the protection of all persons under
III. A claim that the Applicant's rights to liberty, security of person, and freedom from arbitrary and unlawful arrest and detention, as guaranteed by 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, have all been violated by the Republic of Ghana.
IV. A finding that the applicant's rights to administrative justice and a fair trial, as guaranteed by Article 10 of the Universal Declaration of Human Rights and Articles 5(2) and 14(1) of the International Covenant on Civil and Political Rights, have been infringed by the Republic of Ghana
V. A claim that the Rights to equality before the law and freedom from discrimination guaranteed by 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 have all been violated by the Republic of Ghana.
VI. An admission of violations by the Republic of Ghana of the Applicant's freedom of movement as guaranteed by Articles 13 of the Universal Declaration of Human Rights, 11 of the International Covenant on Civil and Political Rights, and 12 of the African Charter on Human and Peoples' Rights.
VII. An order directing the Republic of Ghana to compensate the applicant, who has been subjected to human rights breaches by the Republic of Ghana, with Ghana Cedis equal to one million US dollars (USD 1.000.000.00).
VIII. Expenses, which include full indemnity legal expenses.
XI. Any other order(s) or direction(s) that the Court determines necessary to enable the implementation of the declarations made herein.
