The ECOWAS Court of Justice has ruled against the Government of Ghana in a landmark case involving the prolonged detention of 30 members of the Homeland Study Group Foundation (HSGF), awarding a total of $75,000 in damages for violations of their fundamental human rights, according to the Whistler news report.
According to the report, in a decision delivered on Friday, May 16, 2025, in Abuja, the Court found that the applicants were held without trial or due legal process for extended periods, some for over a year, following their arrest on May 8, 2019, under Ghana’s 1976 Prohibited Organisations Decree.
Each applicant is to receive $2,500 in the cedi equivalent as compensation for the breach of their rights.
The ruling was delivered in case number ECW/CCJ/APP/12/24 by a three-member panel comprising Justices Ricardo Gonçalves, Sengu M Koroma, and Dupe Atoki.
The report explained that the judges concluded that Ghana’s actions contravened both its national laws and international human rights commitments.
Citing Article 14(3) of Ghana’s 1992 Constitution and Article 6 of the African Charter on Human and Peoples’ Rights, both of which guarantee the right to liberty and timely access to a court, the Court stated unequivocally that the applicants’ detention without trial was unlawful.
“The applicants were arrested and held for extended periods, some for over a year, without being brought before a court. This is clearly a violation of their right to liberty,” said presiding judge Ricardo Gonçalves.
Although the Homeland Study Group Foundation itself was listed as a party to the case, the Court struck out the organization, ruling that it lacked legal standing due to its failure to present registration documents or prove its status as a legal entity.
“No registration documents were presented. Therefore, the Foundation cannot be recognised as a legal entity before this Court,” the panel ruled.
The applicants, who were reportedly engaged in nonviolent demonstrations advocating for self-determination for the people of Western Togoland, argued that their detention was politically motivated and lacked legal justification.
The Ghanaian government defended the arrests by citing national security concerns. However, the ECOWAS Court dismissed that argument, stressing that even in matters of national security, the state is bound to respect due process.
“Even where national security is cited, detention must comply with the law. Detaining individuals for over a year without trial is unjustifiable,” the Court declared.
The Court also rejected claims by the applicants seeking recognition of a right to self-determination, ruling that neither the HSGF nor its members were legally positioned to assert such claims on behalf of a larger community.
In addition to ordering financial compensation, the Court instructed the Government of Ghana to take further legal action by either initiating prosecution against the detainees within two weeks or releasing them unconditionally.
All other reliefs sought by the applicants were dismissed, and both parties were directed to bear their own legal costs. The final judgment document will be issued once formally signed by the panel of judges.
AM/KA
