One of the Lawyers of the former deposed Vice President of Sierra Leone, Raymond Atuguba has told journalists in Freetown that said Sierra Leone may face Judicial sanctions if the Government fails to adhere to the rulings of the ECOWAS Court of Justice in rewarding benefits and other emoluments to the Former Vice President.
Lawyer Atuguba said on Wednesday that, the ECOWAS Court of Justice will decide on the measures to be instituted against Sierra Leone on June 14, 2022 if it fails to reward benefits to the former vice president.
It should be noted that the former deposed Vice President of Sierra Leone, Chief Alhaji Samuel Sam Sumana proceeded to the ECOWAS Court of Justice after the Supreme Court of Sierra Leone ruled on September 9, 2015 that former President Ernest Bai Koroma has the constitutional powers to sack his vice president Chief Samuel Sam Sumana.
In that regard, Chief Sam Sumana took the Ernest Bai Koroma led Government to the ECOWAS Court of Justice claiming that there was violation to his rights to protection and security of the law; right to due process of the law; right to work; right to participate in government; right to personal safety and security; and right to dignity as enshrined in the African Charter; International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.
Following the claim made by the former Vice President, the ECOWAS Court of Justice ruled on Monday, November 27, 2017 in his favour that his removal from office as Vice-President was unconstitutional as it is a violation of his human right.
Lawyer Atuguba added that because of continuous deviation from ECOWAS rulings by members states, the ECOWAS passed a law which was titled the “ECOWAS Supplementary Act” which states “Members states or their leaders who failed to honor their obligation to the community shall be liable to judicial and political sanctions”.
He said that historically, enforcement of ECOWAS Court rulings had been problematic, adding that there are other states in West Africa within the ECOWAS regime who were unable to enforce the judgement of the court.
Lawyer noted that the political sanction is clear but provisions of the judicial sanction had not been made clear thereby they (Lawyers) are urging the court, in the absence of political sanction, to impose certain judicial sanctions on Sierra Leone.
Giving an highlight on other development relating to the matter, Chief Songu Mbriwa said that on March 23, 2022 the ECOWAS Court of Justice physically heard an application in Accra, Ghana on behalf of Sam Sumana filed by his lawyers for the court to impose sanctions on the Government of Sierra Leone through suspension of new community loans or assistance, suspension of disbursement on on-going community projects or assistance programmes, exclusion from presenting candidates for statutory and professional posts and suspension from participating in the activities of the community pending compliance with the Judgment of the ECOWAS Court dated November 27, 2017.
According to Mbriwa, Article 77 of the Revised Treaty of the ECOWAS states that “Where a Member State fails to fulfil its obligations to the Community, the Authority may decide to impose sanctions on that Member State: suspension of new Community loans or assistance; suspension of disbursement on on-going Community projects or assistance programmes; exclusion from presenting candidates for statutory and professional posts; suspension of voting rights; and suspension from participating in the activities of the Community.” Mbriwa also highlighted that President Julius Maada Bio further affirms that his government will endeavor to; review unlawful acts of the last Government by way of Judicial and Parliamentary review to facilitate the quick restoration and maintenance of the rule of law; strengthen Judicial Independence to avoid the current embarrassment engendered by the ECOWAS Court Ruling in the Sam Sumana’s case ; avoid the reckless use of Supreme Executive Authority and so-called Orders from Above; and examine the recommendations of the Constitutional Review Commission and the accompanying White Paper with a view to give effect to them as much as is practicable.
By George M.O. Williams