The ECOWAS Court of Justice recently dismissed a lawsuit filed by a Non-Governmental Organisation (NGO) accusing the Sierra Leonean government of mismanaging $14 million in funds donated to combat the 2014 Ebola outbreak. In this article, we will delve into the court’s ruling and examine the key arguments presented by both parties. The judgment sheds light on the alleged violations of human rights, the lack of evidence supporting the claims, and the overall transparency of fund management.
The suit, filed by the Center for Accountability and the Rule of Law (CARL) along with two Sierra Leoneans, Hawa Jalloh and Fatmata Sesay, claimed that the government’s actions resulted in the avoidable deaths of Sierra Leoneans, thereby infringing upon their right to life and health. However, Justice Gberi-Be Ouattara, the judge rapporteur, noted that two of the applicants were still alive, stating that they “cannot validly maintain that a serious and irreversible attack has been made on their right to life.” The court’s panel included Justice Edward Amoako Asante (presiding) and Justice Dupe Atoki.
The ECOWAS Court dismissed CARL’s claims, citing the organization’s failure to provide any concrete evidence or substantiate their allegations. The court emphasized that CARL did not present the names of the victims it claimed to represent, nor did it provide irrefutable proof of any deaths resulting from Ebola contamination. The court explained that a medical certificate indicating the cause or type of death was necessary to support such claims. Additionally, the court rejected the violation of the right to health alleged by the applicants, as they failed to provide evidence of their status as nurses or their infection with the Ebola virus.
The court further held that the state did not violate the rights of the applicants and consequently dismissed their claims for damages. The court highlighted the lack of tangible evidence supporting CARL’s allegations. In its ruling, the court asserted that the applicants had not provided any substantial proof of the veracity of their claims. As a result, the court ordered the applicants to bear their own costs. It is noteworthy that the court previously rejected the respondent’s claim that it lacked jurisdiction, thereby declaring the application admissible.
The initial suit, numbered ECW/CCJ/APP/07/18, was filed on January 23, 2018, by CARL, Hawa Jalloh, and Fatmata Sesay. These Sierra Leonean nurses alleged that the government lacked transparency in managing the funds allocated to fight the 2014 Ebola epidemic. They contended that this lack of transparency, coupled with negligence in treating infected individuals, led to a significant loss of lives, including those of health workers. The applicants further claimed that approximately 14,000 Sierra Leoneans were affected by the virus, with 4,000 deaths resulting from the late response and the failure to control its spread by closing the borders.
The applicants argued that the mismanagement of funds resulted in financial losses and diminished the quality of health services. They referred to a government agency’s audit report from February 2015, which confirmed a loss of $14 million due to the misappropriation of funds contributed by donors to address the Ebola outbreak. The applicants relied on various 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 claims of human rights violations.
The Republic of Sierra Leone, represented by Mr. Osman I. Kanu, countered the allegations, denying each claim and demanding the court dismiss the case due to a lack of supporting evidence. The respondent argued that the unproven mismanagement of Ebola funds could not be linked directly to the alleged infections and deaths, as the government had always utilized available resources to treat those affected. Consequently, the respondent urged the court to conclude that Sierra Leone did not violate the applicants’ rights and dismiss the lawsuit.
The ECOWAS Court’s ruling dismissing the lawsuit regarding the mismanagement of $14 million in Ebola funds by Sierra Leone sheds light on the lack of evidence supporting the allegations. The court emphasized the importance of substantiating claims with tangible proof and noted the absence of irrefutable evidence from the applicants. While the court recognized the severity of the Ebola outbreak and its impact, it concluded that the allegations of rights violations were not proven. The ruling highlights the significance of transparency and accountability in managing funds allocated for public health emergencies like the Ebola epidemic.
