ECOWAS Court to Hear Sam Sumana’s Motion to Enforce His Judgement

The external session of the Court of Justice of the Economic Community of West Africa States (ECOWAS) will last week commenced suit No ECW/CCJ/APP/38/16 between former Vice President Alhaji Samuel Sam Sumana and the Republic of Sierra Leone in Accra, Ghana.

The Applicant (Alhaji Samsumana) in his motion, is seeking to enforce the judgement secured in his favour on 30th September 2019. The ECOWAS Court had determined that the removal of the Applicant as Vice President on the 17th March 2015 was in violation of Article 7 of the African Charter on Human and People’s Rights.

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The Court then ordered that the Defendant (Government of Sierra Leone) pays to the Applicant al remunerations, prerequisites of office and other entitlements due to the Applicant from the date of his removal from office till the date his tenure of office ended.

His lawyer stated in the application that, notwithstanding the issuance and service of Writ  of Execution on the Defendant (GoSL) by the Registrar of the Court, the defendant has willfully refused to comply with the judgement of this Honourable Court”.

The Falana and Falana Chairman stated that Article 77 of the ECOWAS Revised Treaty empowers the authority of Heads of State and Government of ECOWAS to impose certain sanctions on any member State who files to fulfil its obligations to the community through suspension of new community loans or assistance, suspension of disbursement on ongoing community projects or assistance programmes, exclusion from presenting candidates for statutory and professional posts and suspension from participating in the activities of the community.

According to Awoko Newspaper, the Solicitor for the Respondent, Osman I. Kanu at the Law Officers Department sent a Notice of preliminary objection dated 1st November 2019 sating that the Court lacks jurisdiction to entertain this application as against the Respondent/Applicant for enforcement of its judgement.

Also, that the Applicant/Respondent lacks locus standi/capacity to bring this action against the respondent/Applicant the Republic of Sierra Leone.

The Defendant however, sought an order dismissing this application by way of motion on notice dated 30th September 2019 with al its exhibits as against the Respondent/Applicant for want of jurisdiction, costs an such other orders as the Court may deem fit to make in the circumstance.

The ECOWAS Court will determine whether it will institute enforcement provisions against the GoSL.

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