The ECOWAS Court of Justice has rejected a lawsuit filed by an NGO accusing the Sierra Leonean government of mismanaging $14 million in funds intended to combat the 2014 Ebola outbreak in the country. The suit, brought by the Center for Accountability and the Rule of Law (CARL) and two Sierra Leonean individuals, alleged that the government’s actions resulted in unnecessary loss of life and violated the right to life and health of the plaintiffs.
However, Justice Gberi-Be Ouattara, the judge rapporteur, stated in the court’s judgment that two of the plaintiffs were still alive, making it invalid to claim a serious and irreversible attack on their right to life. The court panel, which included Justice Edward Amoako Asante (presiding) and Justice Dupe Atoki, also noted that CARL failed to provide any concrete evidence or the names of the victims it claimed to represent, casting doubt on their allegations.
Furthermore, the court dismissed the violation of the right to health alleged by the plaintiffs, as they failed to prove their status as nurses or provide evidence of being infected with the Ebola virus. In light of these factors, the court ruled that the state did not violate the rights of the plaintiffs and rejected their claims for damages. The plaintiffs were ordered to bear their own costs. The court had previously deemed the application admissible after rejecting the respondent’s argument regarding its jurisdiction.
The lawsuit, filed on January 23, 2018, under suit no: ECW/CCJ/APP/07/18, accused the Sierra Leonean government of lacking transparency in the management of funds allocated to fight the 2014 Ebola epidemic. The plaintiffs argued that this lack of transparency, along with negligence in treating infected individuals, resulted in a significant loss of lives, including health workers. They also alleged that 14,000 Sierra Leoneans were infected, with 4,000 deaths occurring due to delayed response and inadequate border control measures.
Additionally, the plaintiffs claimed that the mismanagement of funds led to financial losses and a decline in the quality of health services. They relied on international legal instruments, including the African Charter on the Rights and Duties of Peoples (ACHPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), to support their human rights allegations against the Sierra Leonean government.
In response, the Republic of Sierra Leone, represented by Mr. Osman I. Kanu, denied each allegation and argued that the plaintiffs failed to provide evidence supporting their claims of human rights violations. The government maintained that the alleged mismanagement of Ebola funds, unsubstantiated by the plaintiffs, could not have caused the infections and deaths claimed, as it had always utilized available resources for the treatment of affected individuals.
Consequently, the Republic of Sierra Leone requested the court to dismiss the suit and reject the plaintiffs’ claims, asserting that it had not violated their rights as alleged. The court agreed with the respondent’s arguments and ruled in favor of the Sierra Leonean government, dismissing the lawsuit.
