Attorney-General and Minister of Justice has won the famous Ebola case at the ECOWAS court of Justice, a press release of 8th June, 2023 says. “The general public is hereby informed that the ECOWAS court has yesterday the 8th June, 2023 ruled in favour of government of Sierra Leone in the matter brought against the government by Centre for Accountability and Rule of Law (CARL) in respect of the Ebola outbreak,” a portion of the press release reads.
In his moves to ensure accountability, Ibrahim Tommy of CARL sued Sierra Leone government to the ECOWAS court citing negligence and mismanagement of Ebola funds which led to untold number of deaths between May, 2014 and November, 2016.
Tommy asked the court to determine the extent to which the plaintiff’s rights had been violated by government.
He submitted that they had a common interest in the protection and enjoyment of the rights to life and health in Sierra Leone.
An ECOWAS court record notes that government has commitment to the protection of the rights to life and health as evidenced by its ratification of key international human rights instruments:
the African Charter on Human and People’s Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The document further noted that Article 1 of the African Charter on Human and People’s Rights obliges government to take legislative and other measures to give effect to the rights contained in the Charter.
The Governance Transition Team (GTT) report of July, 2018 indicated that funds meant for Ebola response was grossly mismanaged for which government must launch an investigation.
The court’s verdict did not however go down well with the Ebola plaintiffs and Victims as they stood to benefit had they entered an agreement with government.
Since the GTT report recommended an amicable settlement of the case as an alternative to litigation, the AG’s office took decisive steps towards that direction.
In May, 2021, government, represented by state lawyers went into agreement with the Ebola plaintiffs stood in for by counsels Yasmin Jusu Sheriff, Alpha Sesay, Augustine Marrah and Ibrahim Tommy.
The meeting’s main talking points were the identification of issues already agreed on, such as the inclusion of SLAES (Sierra Leone Association of Ebola Survivors) in settlement talks, the determination of eligibility of persons to benefit from reparation schemes, clarity on the composition of the Joint Task Force responsible for implementation of a settlement agreement and development of timelines for discussion and conclusion of settlement talks.
Legal representatives’ issues for negotiations on behalf of their clients were also given equal consideration. The issues were indicated in a letter addressed to the Attorney-General, and they include the following: SLAES should be a settlement party to be represented in the negotiations, the Joint Task Force should include the plaintiffs
and their representatives.
It is also indicated that the welfare of the Ebola survivors shall be a top priority of the Task Force throughout their mandate, and it should form the basis of advice to government.
Government’s representative included the Attorney-General’s Office, Ministries of Health, Education, Social Welfare, National Commission for Social Action and the Human Capital Development Unit at State House.
The Task force, according to the terms of the agreement, should also co-opt additional expertise from within and outside Sierra Leone.
In the agreement, government undertook to embark on public procurement reforms, pursue accountability measures against those who allegedly embezzled Ebola funds, pay damages, educate and destigmatise Ebola survivors, provide livelihood support for them and pay backlog salaries to health workers.
In spite of the judgment government is however playing its own side of the agreement that is of public interest, but the monetary compensation has been ruled out. Mr Tarawally made it clear that government has been losing cases at the court owing to non-appearance of their lawyers. This time is a different ball game. President Julius Maada Bio is one who follows legal procedures to the letter. He believes in the rule of law, due processes and humanity, a key factor that made President Bio win a seat among non-permanent members of the UN Security Council.
It is a manifestation of good governance. The President yearly allocates 22 per cent of the country’s GDP. He respects democratic principles, rights and liberties of every citizen. It is that freedom which citizens enjoy that prompts them to sue government to the sub-regional court.
This is not the only case the Attorney-General has won for Sierra Leone. He has won the Togolese plane crash and the Sam Sumana cases. Mr Tarawally served Sierra Leone as Solicitor-General between 2019 and 2021. He was later appointed Attorney-General in January, 2022.
Most of his legal accomplishments in short time of his appointment will be explored.