By zainab.joaque@awokonewspaper.sl
SIERRA LEONE, Freetown – The ECOWAS Court will today, Friday 31st March, 2022, hear the case between Attipoe Kuaku & 11 others versus the Republic of Sierra Leone on the violation of right to fair trial and right to life.
The Applicants are seeking the Court to order the Republic of Sierra Leone to pay each beneficiary of the 20 victims involved in the fatal Lungi Paramount Airline Helicopter crash, the sum of two hundred million FCFA as reparation for damages suffered and pay compensation of one hundred million FCFA to each beneficiary of the victims.
The Applicants came under Articles 4, 7d of the African Charter on Human and Peoples Rights, Articles 6 paragraph 1 and 1 of the international Covenant on Civil and Political Rights and Articles 3, 8 of the Universal Declaration of Human Rights. The Applicants want the Court to rule that the Respondent through its behaviour has violated the provisions referenced above.
The Applicants submitted as part of their Application the report titled “THE INVESTIGATION OF THE PARAMOUNT AIRLINES HELICOPTER (M18-REGISTRATION 9L-LBT) CRASH THAT TOOK PLACE AT LUNGI INTERNATIONAL AIRPORT ON SUNDAY 3rd JUNE 2007” prepared and submitted by John E. Tambi, Transportation Consultant and Aviation Expert on 12th December, 2007.
It could be recalled that the Togolese Football Association chartered Paramount Airlines to transport its team members including the Minister of Sports, fans, officials, flight and crew members to Lungi International Airport from Freetown at the end of the football match between the two countries on Sunday 3rd June, 2007.
The helicopter which was transporting two French nationals, four Gabonese, one Senegalese, 13 Togolese, one Ukrainian (co-pilot) and one Maldovian (engineer) crashed on the eastern apron at the airport while trying to land at about 20:37 on that fateful day. From the three helicopter crew members, only the Captain survived and the 20 passengers all perished in that crash.
According to the report, in July 2007, a team of International investigators headed by the Government appointed investigator were in Sierra Leone to commence official investigation of the accident.
The Team comprised of a representative from the Russian Federation, Air Transport Accident Investigation Commission, two representatives from the helicopter manufacturers in the Russia Federation and two representatives from the Togolese Government, Department of Civil Aviation.
The team presented preliminary findings to the Secretary to the President on 3rd August 2007. Conclusive findings could not be made at that time because that can only be made after the analysis of the Black Box. Prior to the analysis of the Black Box the preliminary findings by the respective experts were as follows.
The Russian Federation stated that the accident may have occurred as a result of the loss of control of the aircraft by the pilot. This loss of control could be due to problems with the main gearbox or problems with the flight control systems.
On the part of the Togolese Government, they stated that the accident may have occurred as a result of the loss of three blades of the helicopter main rotors. This caused damage to the main gearbox system that led to the rupture of the electrical cables and engine fuel pipes, this causing the fire and subsequent explosion upon crashing. The loss of the blades is probably the main cause of the crash.
The Sierra Leone Government said sparks from the electrical cables on the roof of the cabin (about a metre after the cockpit door) may have caused a fire due to loose or poor connections. The fire moved to the fuel pipes and fuel pumps under the base of the main rotor connections. This may account for the loss of the blade of the main rotor and damage to the gearbox, thus making the helicopter uncontrollable. The combination of these events resulted in the crash. Upon crashing the fuel tanks ruptured giving rise to the explosion.
On 16th September, 2020, the Respondent (Government of Sierra Leone) submitted to the Court a defence in response to Application No. ECW/CCJ/APP/13/20 which the Applicants filed on September 4th, 2020 which seeks reliefs for alleged violations of the right to life and the right to fair hearing.
The Defendant further stated that according to the facts, the accident was caused as a result of the loss of three blades of the main motor of the helicopter. This the Government says is a clear case which should have involved a tort claim for the negligence on the part of the airline, Paramount Airlines or the manufacturers of the helicopter.
“I see no reason why the Defendant, the Republic of Sierra Leone should carry the liability when it is clearly evident that the helicopter is owned privately by Paramount Airlines. I see no connection between the loss of three blades and the Defendant being liable for violations of the right to life. The helicopter was not owned by the defendant the Government of Sierra Leone neither was it manufactured by the Republic of Sierra Leone…”
Furthermore, the Respondent submitted that the Applicants have failed to comply with article 9(3) which makes their application inadmissible, therefore asking the Court to dismiss their application on the grounds that the application is statue barred and the Applicants have failed to prove any human right violation based on the articles relied on.
The Respondent relied for their defense on the following documentary evidence in support of their application; Rules of the Community Court of Justice of ECOWAS, Supplementary Protocol A/SP.1?01/05 amending Article 9 of the Protocol relating to the Community Court of Justice A/P.1/7/91, Supplementary Protocol A/SP.1?01/05 amending Article 9 of the Protocol relating to the Community Court of Justice A/P.1/7/91, The Warsaw Convention of 1929, Chief Osuan V Federal Republic of Nigeria (2018), Femi Falana V. Republic of Benin ECW/CCJ/APP/10/07 and Gabriel Shumba v. Zimbabwe April 2012, ACHPR, 288/04, 51st Ordinary Session.
Hon. Justice Edward Amoako Asante will be Presiding and will be assisted by Hon. Justice Dupe Atoki and Hon. Justice Januaria Tavares Silva Moreira Costa. ZIJ/31/3/2022