The ECOWAS Court of Justice has made a ruling on a suit filed by the son of a deceased Ghanaian, seeking to hold Ghana accountable for the disappearance and killing of his father during the Jammeh reign in The Gambia in 2005. The court dismissed three of the four grounds of the suit, stating that the violations occurred outside Ghana’s jurisdiction.
The suit involved 50 West African migrants, including citizens of Ghana and Nigeria, who were arrested and executed by a Gambian para-military unit. The Court agreed with the Ghanaian government’s argument that it had no knowledge or access to intervene in the matter at that time.
The court noted that Ghana had made diplomatic efforts, including an investigation in 2009, and is committed to further investigations based on new information. However, the Court found Ghana liable for breaching the son’s right to information by denying him access to crucial documents related to the case.
The Court also dismissed the involvement of an NGO in the suit, stating that the main applicant can represent himself and that the case does not qualify as a public interest suit. It also removed the names of 23 individuals from the suit, as there was no evidence of their authorization.
The panel of judges for the suit included Justices Gberi be Ouattara and Ricardo Claudio Monteiro Goncalves. The Court directed Ghana to provide the son of the deceased with the necessary information and declared that each party would bear their own costs.
The ruling highlights the complexities of cross-border human rights cases and the importance of accountability in such matters. It also underscores the need for transparency and access to information in pursuing justice for victims of human rights violations.
