The ECOWAS Court, sitting in Abuja, Nigeria, has ruled that the sacking of former Vice President Alhaji Sam Sumana was illegal that his removal, violated his fundamental human rights to a fair hearing and to participate in politics, as guaranteed by the African Charter on Human and People’s Rights.
The ECOWAS Court further ordered the government of Sierra Leone to pay all outstanding salary and emoluments since his dismissal in 2015.
In a release from the office of the Attorney General, it states, “Our office wishes to reiterate its legal position that the ECOWAS Court lacks competence and jurisdiction over the aforementioned matter. The Supreme Court of Sierra Leone did rule on the above matter and therefore, no other court is competent to overrule it except itself”.
The AG’s release further states, “The government of Sierra Leone refused to participate in the proceedings and now therefore does not accept nor recognise the decision of the ECOWAS Court in respect of the specific judgment.”
Attorney General and Minister of Justice Joseph Fitzgerald Kamara echoed that in the area of payment of salary they are not going to honour it because when once a person is sacked from office, he/she is not entitled to benefits.
In its ruling, the ECOWAS Court of Justice, dismissed, “in limine”, the argument of Sierra Leone to the effect that the ECOWAS Court has no jurisdiction to hear the case. The reasons given by Sierra Leone for their objection are really not intelligible, as the Protocol establishing the ECOWAS Court, as amended, (Articles 9(4) and 10(d)) is clear on the matter, and Sierra Leone is a signatory to that and related Protocols”.
The Court held, “It had jurisdiction to hear the Application by H.E. Sam Sumana for the enforcement of his fundamental human rights, that the removal of H.E. Sam Sumana from office was wrongful, as it violated his right to appeal the decision, and therefore his right to natural justice and to a fair hearing, and further occasioned a violation of his right to participate in politics”.
Furthermore, the Court ruled, “Sierra Leone should pay to H.E. Sam Sumana all his salaries, emoluments, perquisites, etc., from the date of his removal and to date, that other reliefs sought by the Applicant would not be granted by the Court because they have either lapsed, are predicated on the domestic laws of Sierra Leone, and in order to avoid chaos in the country”.
Costs was also were awarded to the Applicant, H.E. Sam Sumana, to be calculated by the Registry of the Court.
In an interview on BBC, Sumana said, “I am very pleased that today, justice has been served in the area of restoring the dignity of the Constitution of Sierra Leone that the President was not correct to remove me from office. Fiscal issues are not paramount to me. I am very pleased with the judgment rendered today.”
He said, “Sierra Leone needs that money better than I do. That is the decision of the Court and Sierra Leone being signatory to ECOWAS protocol I don’t think my country or President Koroma would walk away from it. That being the fact; it means I am going back to work to continue to serve my people.”
Sam Sumana was represented by two law firms in Nigeria and Ghana, Falana & Falana and Atuguba & Associates, led by Femi Falana and Dr. Raymond Atuguba.
BM/27/11/17
By Betty Milton
Tuesday November 28, 2017.
ADVERTISEMENT