ECOWAS Court orders Ghana to pay $75,000 for detaining 30 unlawfully

Regional Court upholds human rights in landmark ruling

In a significant ruling that underscores the role of regional courts in upholding civil liberties, the ECOWAS Court of Justice has ordered the Government of Ghana to pay $75,000 in compensation to 30 members of the Homeland Study Group Foundation (HSGF) for prolonged and unlawful detention.

The judgment was delivered on Friday at the Osborne Foreshore Court in Ikoyi, Lagos State, in suit number ECW/CCJ/APP/12/24. The Court found that the applicants’ fundamental rights were violated, as they were held for extended periods—some for over a year—without due process or trial.

Violation of liberty and due process

Presiding Judge Ricardo Gonçalves, alongside Justices Sengu M. Koroma and Dupe Atoki, held that Ghanaian authorities breached both national and international human rights standards. The ruling cited Article 14(3) of Ghana’s Constitution and Article 6 of the African Charter on Human and Peoples’ Rights, both of which guarantee the right to liberty and mandate court appearance within 48 hours of arrest.

“The applicants were arrested and held for extended periods, some for over a year, without being brought before a court. This is a violation of their right to liberty,” said Justice Gonçalves.

Each of the 30 individuals is to receive $2,500 in Ghanaian cedi equivalent as compensation.

Background: Arrests under outdated decree

The 30 detainees were arrested on May 8, 2019, under Ghana’s 1976 Prohibited Organisations Decree, which bans groups considered threats to national security. The members of the HSGF contended that their arrest was politically motivated, with no legal basis, and aimed at silencing dissent.

Although the ECOWAS Court upheld its jurisdiction in the matter, it struck out the HSGF as a party, ruling the group lacked legal standing due to its failure to present registration documents. “No registration documents were presented. Therefore, the Foundation cannot be recognised as a legal entity before this Court,” the ruling stated.

Court rejects Ghana’s National Security justification

Ghana’s argument that the arrests were necessary for national security was firmly rejected by the Court. “Even where national security is cited, detention must comply with the law,” the panel noted. “Detaining individuals for over a year without trial is unjustifiable.”

Additionally, the applicants’ claim to the right of self-determination was dismissed. The Court ruled that neither the Foundation nor its members had the legal authority to invoke such a claim on behalf of a broader community.

Ghana given two weeks to act

In its concluding orders, the Court directed the Ghanaian government to either commence legal prosecution within two weeks or release the detainees unconditionally. All other reliefs were denied, and both parties were instructed to bear their own legal costs.

The full judgment will be officially released after the judges append their signatures.

Parallel ruling: Nigeria ordered to release businessman held since 2008

In a related development, the same ECOWAS Court also ruled against the Federal Republic of Nigeria, ordering the immediate release of Moses Abiodun, a Nigerian businessman detained since 2008 without trial or formal charge. This ruling adds to the growing reputation of the ECOWAS Court as a last hope for justice in cases of prolonged and arbitrary detention across West Africa.