PRESS STATEMENT ONE MONTH BEFORE THE ECOWAS COURT HANDS DOWN A JUDGMENT IN THE EBOLA CASE, SURVIVORS HIGHLIGHT GOVERNMENT’S LACK OF COMMITMENT TO THEIR JUSTICE NEEDS.
Freetown, 10th April, 2023: The Centre for Accountability and Rule of Law (CARL) and its co-plaintiffs wish to remind the general public that the ECOWAS Court of Justice will on 10th May, 2023 deliver a judgement in the case filed against the Government of Sierra Leone in respect of the mismanagement of Ebola response funds.
The public would recall from previous media engagements by CARL and other interested stakeholders, including the Sierra Leone Association of Ebola Survivors (SLAES), that strong efforts have been made in the last 5 years to resolve the matter through a negotiated settlement. Those efforts were initiated after The New Direction Government Transition Team (GTT) report recommended an urgent out- of-court settlement of the matter.
As a result of the Government of Sierra Leone’s clear lack of firm commitment to a comprehensive out-of-court settlement, even after meeting with CARL, SLAES, and other stakeholders at Lakka, Freetown in August 2021, the ECOWAS Court of Justice was left with no option but to order that the matter be heard and determined on its merit. Accordingly, the matter was heard on 13th February, 2023 and judgment was reserved for 10th May, 2023.
As frustrating as it is, we remain committed to a just and fair resolution of this matter because it involves the lives and welfare of vulnerable, long-suffering Sierra Leoneans. For this reason, we have continued to draw public attention to our various efforts and how the Government of Sierra Leone has responded to this action since it was instituted in 2017.
As we await the decision of the ECOWAS Court of Justice, CARL and its partners want the Government of Sierra Leone to recognise that Ebola survivors have suffered too much already and are vulnerable Sierra Leoneans. We firmly believe that, irrespective of the nature of the ECOWAS Court decision scheduled for 10th May, 2023, and conscious of the forthcoming elections, the Government of Sierra Leone should make a firm commitment to support all Ebola survivors to regain their health and dignity as well as opportunities for education, skills training and restoration of livelihoods.
“I am very disappointed that successive governments have chosen to ignore and neglect we the Ebola survivors as if we were responsible for the calamity that befell us”, said an Ebola Survivor, after the hearing before the ECOWAS Court of Justice hearing on 13th February, 2023.
CARL, SLAES, and all their partners are still open to discussion and willing to settle the matter should the Government of Sierra Leone choose to engage before the Court hands down a decision on 10th May 2023.
AHEAD OF THE JUNE 2023 ELECTIONS, ELECTION MANAGEMENT BODIES EXPRESS COMMITMENT TO UPHOLD ELECTORAL JUSTICE, AMIDST CALLS BY POLITICAL PARTIES FOR A MORE EFFECTIVE AND INDEPENDENT SECURITY AND JUSTICE SYSTEM
Freetown: 27th March, 2023:
On March 23, 2023, key election management bodies in Sierra Leone reaffirmed their commitment to adhere to electoral justice standards before, during and after the 2023 multi-tier elections. Organised by the Centre for Accountability and Rule of Law, with funding from the Government of Ireland, the seminar brought key electoral stakeholders to discuss the progress made since the 2018 elections in strengthening Sierra Leone’s electoral justice system. Speaking at a seminar on the state of Sierra Leone’s electoral justice system, representatives of the Electoral Commission for Sierra Leone, the judiciary, the Political Parties Regulation Commission (PPRC) and the Sierra Leone Police (SLP) underscored the importance of conducting the forthcoming elections in line with the country’s electoral laws and policies, pointing out that a peaceful and credible outcome of the forthcoming elections is critical to strengthening Sierra Leone’s recent democratic gains.
Whilst speaking on behalf of the judiciary, Justice Monfred Sesay said additional measures have been taken to ensure speedy and effective resolution of election-related complaints. In addition to the establishment of electoral disputes management tools, he said the Election Petition Rules, 2007 has been revised to include, among other things, procedures for filing petitions against presidential elections. He said the judiciary will ensure that all electoral complaints are resolved speedily, and in any case, within four months for all electoral complaints or petitions.
The representative of the Electoral Commission for Sierra Leone, Commissioner Abu Bakarr Koroma, said the Commission has made significant efforts to improve its capacity as well as the standards and quality of elections, pointing out that there have been electoral law and institutional reforms since the 2018 elections in line with the recommendations of election observer bodies. He said the institution has been transparent in its management of the electoral process so far, adding that they are pleased with the financial support from the government of Sierra Leone ahead of the 2023 elections. He said the Commission has been largely funded by the Government of Sierra Leone to conduct the 2023 elections.
Speaking on behalf of the Political Parties Regulation Commission (PPRC), Chairman Abdulai M. Bangura commended parliament and other stakeholders for amending the PPRC Act to expand the powers of the Commission, stressing that they are now better placed to regulate the conduct of political parties, resolve both intra and inter-party disputes, and ensure effective oversight. He said only three political parties are currently functional, and warned that parties that are in breach of the PPRC will be barred from participating in the forthcoming elections. He said the three functional political parties include the ruling SLPP, opposition APC and the National Grand Coalition.
Speaking on behalf of the Sierra Leone Police, AIG Brima Jah said the police remain fully committed to providing security for the electoral process, adding that a Military Aid to Civil Power (MAC-P) regime will be implemented before, during and after the elections. He said there have been significant efforts to improve professional standards in the police, and acknowledged the support of the Government of the United States of America in training the police on election security management. He said an Incident Command Center has been established as part of preparations for the elections, and urged electoral stakeholders, including political parties and civil society, to support the police in ensuring free, fair, and violence-free elections.
Representatives of political parties, including the All People’s Congress and the National Grand Coalition, expressed concerns about delays in distributing voter identification cards and the apparent lack of professionalism and independence of the police in responding to public order issues and electoral offences. The representative of the APC particularly requested access to the Electoral Commission’s voter management database, challenged the independence of the security sector, and questioned the proposed votes tallying procedure announced by the ECSL, which he said is in violation of the Public Elections Act, 2022. The representatives of the ECSL and the Sierra Leone Police denied the allegations, stating that they will conduct elections strictly in line with the electoral laws of the country and that the police have always acted professionally and will continue to do so before, during and after the 2023 elections.
Freetown, 14th February, 2023: More than five years after two Ebola survivors and the Centre for Accountability and Rule of Law (CARL) filed a suit against the Government of Sierra Leone, the ECOWAS Court of Justice yesterday held a hearing on the merits of the case. Despite the Sierra Leonean government’s request for yet another adjournment, the Court noted that the hearing was long overdue and that it needed to make progress in the matter.
Counsel for plaintiffs, Oludayo Fagbemi (Senior Legal Officer at the Institute for Human Rights and Development in Africa), summarized the plaintiffs’ case, stressing that Sierra Leone would have faced fewer Ebola deaths had the missing US$14M (as reported by the Auditor-General) been used appropriately by the Government of Sierra Leone. He argued that the Government mismanaged the available Ebola response resources, resulting in more infections and the loss of more lives. Counsel also noted that now, eight years after the Ebola crisis, the Sierra Leonean government has yet to prosecute anyone for theft or mismanagement of the missing funds.
Responding on behalf of the Government of Sierra Leone, Osman Kanu Esq. opposed the application of the plaintiffs, claimed that the Anti-Corruption Commission found nothing unusual with respect to misuse of Ebola funds, and that appeals into the Commission of Inquiry’s (COI’s) findings are still ongoing.
Shortly after it was elected in 2018, the Sierra Leone Government expressed willingness to settle this matter out of court. Unfortunately, despite several efforts over the last five years, the Government has failed to demonstrate the required commitment for a settlement agreement.
“It is regrettable that it took so long for this matter to be heard by the Court. I feel let down by the Government’s clear lack of commitment to its own publicly stated promise to settle the matter out of court. Ebola survivors have waited for more than five years to see this day. Glad that we’re finally making progress”, said Ibrahim Tommy, Executive Director of the Centre for Accountability and Rule of Law, the public interest plaintiff in this action.
“It’s a great feeling”, said one of the plaintiffs, adding that “Ebola victims suffered a lot. We came to court for justice. I am happy that the Court has finally heard from us. Whatever happens, this gives me great hope that future emergencies will be better managed”.
The Court will issue a decision by May 10, 2023. However, the presiding Judge indicated that the Court would be willing to recognize and adopt a settlement agreement before a judgment is delivered, if the parties present one to the Court.
For more information: Contact Ibrahim Tommy at ibrahim.tommy@gmail.com or +232 76 365 499.
Ahead of the 2023 elections, the Centre for Accountability and Rule of Law – Sierra Leone (CARL-SL) today launched two projects that seek to support electoral justice and accountability for human rights violations and electoral offences during the elections. Essentially, the projects seek to advance efforts towards a peaceful and accountable electoral process. Funded by the Government of Ireland and the Open Society Initiative for West Africa (OSIWA), respectively, the projects seek to support speedy and fair resolution of election-related complaints, ensure accountability for human rights violations during the electoral process, and strengthen the capacity of law enforcement officers and alternative electoral dispute resolution bodies.
“When laws regulating public elections are deemed to have been breached or violated, it is critically important that those charged with the responsibility of enforcing and/or interpreting the law do so with fairness, professionalism and reasonable speed. That’s the only way we can reduce violence in elections and enhance public trust in the process,” said Ibrahim Tommy, Executive Director of CARL, adding that “these projects provide an opportunity for effective collaboration between CARL, its partners and state actors to address any issues that arise”.
Specifically, Irish Aid-funded project, which is part of a broader project coordinated by the Institute for Governance Reforms, will support the documentation of electoral complaints, and calls for the speedy resolution of such complaints by the courts and alternative dispute resolution (ADR) mechanisms. CARL will also raise awareness about electoral laws and processes, and undertake advocacy for the protection of civic space, including the right to freedom of assembly and freedom of speech. OSIWA’s funding will support the implementation of a project titled “Promoting a safe and peaceful electoral process through an accountable security sector”. As part of this project, CARL will document and produce reports on incidents of police brutality and politically-motivated violence, monitor proceedings before accountability mechanisms relating to incidents of police brutality, undertake advocacy for increased funding to oversight and law enforcement institutions, and contribute to empowering the capacity of law enforcement agencies.
A recent report by CARL on the administration of electoral justice concluded that elections in Sierra Leone are often characterized by incidents of politically-motivated violence, an inadequate and highhanded response by law enforcement officers, and delays in addressing electoral complaints and holding perpetrators to account. These projects will build on the gains made over the past two years as part of the Irish Aid funded projects implemented by CARL, the Institute of Governance Reform, and the Office of National Security. #THE END# For more information, contact Jeremy Simbo at +23276 672 841 or simbojeremy@yahoo.com
The Centre for Accountability and Rule of Law – Sierra Leone (CARL-SL) has welcomed the announcement of a five-member panel of Supreme Court justices to hear a complaint filed by two citizens of Sierra Leone against the use of the proportional representation system in the multi-tier elections scheduled for 24th June, 2023. A statement from the Judiciary said the Court will hold its first sitting on Monday, 9th January, 2023, which will be presided over by Chief Justice Desmond B. Edwards.
“When we urge citizens to use peaceful and legitimate means to resolve electoral grievances, we do so with an expectation that state organs and institutions would resolve such grievances in a speedy, professional and impartial manner,” said Ibrahim Tommy, Executive Director, Centre for Accountability and Rule of Law, adding that “It is gratifying that the Supreme Court will start hearing this matter barely a month after it was filed. This is a positive step forward in our collective advocacy for speedy resolution of electoral complaints”.
As the trial of Dr. Samura Kamara and his co-accused is scheduled to start on Tuesday, December 14, the Centre for Accountability and Rule of Law (CARL) has urged the judiciary to ensure an expeditious, fair and transparent process. In November 2021, the Anti-corruption Commission (ACC) indicted Dr. Samura Kamara and five others on several counts of corruption offences, including failure to comply with procurement procedures and guidelines, abuse of office, misappropriation of public funds meant for the renovation of Sierra Leone’s chancery building in Manhattan, USA. Dr. Kamara, a Presidential candidate for the main opposition All People’s Congress (APC) in the 2018 elections, faces two counts of deceiving a principal and misappropriation of public funds in the sum of $2,560,000 (Two million five hundred and sixty United States dollars). Read the full text of press release here
