Satta Lamin Banya, a supporter of the All Peoples Congress (APC) Party, has lodged a complaint with the ECOWAS Court against Sierra Leone for its alleged negligence in investigating and prosecuting the individuals responsible for her harrowing gang rape incident in 2018.

The ECOWAS Court received the Originating Application on September 2, 2021. As per the recently published Cause List, the case has been scheduled for its initial hearing on July 12, 2023, before Honorable Justice Edward Amoako Asante, who will preside over the proceedings alongside Honorable Justice Gberi-Be Ouattara and Honorable Justice Ricardo Cláudio Monteiro Gonçalves.

According to Banya’s application, the plaintiff asserts that the sexual violence she endured violates her right to seek redress and access justice, contravening Article 1 of the African Charter and Peoples’ Rights, particularly when read in conjunction with the provisions of Article 7(1)(a), which pertains to the right to a fair hearing.

The comprehensive 26-page application submitted to the Court seeks a declaration holding the Respondent accountable for violating Banya’s rights to dignity and freedom from cruel, inhuman, or degrading treatment, as outlined in Article 5 of the Charter, Article 3 of the Maputo Protocol, and Article 7 of the International Covenant on Civil and Political Rights.

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Moreover, Banya’s application requests a financial compensation order amounting to US$150,000. Additionally, it urges the Respondent to implement legislative, administrative, social, and economic measures necessary to ensure the protection, punishment, and eradication of all forms of sexual violence against women.

In suit No. ECW/CCJ/APP/51/21, the summary of facts reveals that on April 5, 2018, when the Presidential run-off elections were announced, Banya was present on her farm situated between Kailahun Town and Nyanyahun Village, where she and her family were subjected to a horrifying attack by several young men.

Banya recounts that she was brutally gang-raped by seven men in the presence of her children and relatives. During the assault, the perpetrators inserted sand into her vagina and afterwards dragged her on the ground before taking her to Nyanyahun Village. Additionally, her farm was vandalized and set ablaze.

The incident was reported to the police, and Banya received medical attention, undergoing surgery to address some of the internal injuries sustained during the attack. To save her life, her womb had to be removed.

Regrettably, despite reporting the incident to the authorities, no effective investigation has taken place, and the perpetrators remain at large, evading justice. Banya has not received any form of compensation, rehabilitation, or psycho-social support services.

In her sworn statement dated May 7, 2021, attached as an appendix to the Application, Banya disclosed that the men who assaulted her claimed she had made a vow to allow all the men in the village to have sexual intercourse with her if the SLPP (Sierra Leone People’s Party) emerged victorious in the 2018 elections.

The leader of the group, according to Banya, was a man named Sama Bonda, who then called upon six others to take turns in raping her. She identified the perpetrators as Massaquoi Senessie, Sao James, Maya Bonda, Mohamed Lamaningo, Aruna Bockarie, and Alieu Kanneh.

Later that evening, after being forcibly taken to the village, Banya concealed her identity by covering her head with cloth and proceeded to report the incident at the Kailahun Police Station. Shockingly, she encountered derision from some of the policemen on duty, who mocked her and alleged that her affiliation with the APC influenced her actions.

Banya further recounted that, while at the Police Station, Sarty Banya, a former Member of Parliament for Constituency 004 in Kailahun District, accompanied by the SLPP Chairman for Kailahun, Morie Feika, approached her and urged her to withdraw the complaint, dismissing it as a family matter. Banya, however, staunchly refused to comply with their request.

Despite making multiple visits to the Police Station to follow up on her case, Banya experienced a lack of assistance from the authorities, leading to an impasse in the investigation process.