Government faces risks of sanctions from ECOWAS (Economic Community of West African States) after it has failed to compensate Sierra Leone’s former Vice President, Chief Sam Sumana.
“This honourable court directs the Authority of Heads of State and Government of ECOWAS Court to impose sanctions against the respondent [Sierra Leone Government] through suspension of new community loans, or assistance, suspension of disbursements on on-going community projects or assistance programmes, exclusion from presenting candidates for statutory and professional posts and suspension from participating in the activities of the community pending compliance with the judgement of this honourable court…” the ECOWAS Court Judgement noted in part.
It was out of this judgement that government was ordered to compensate Sam Sumana. Chief Sam, the court ordered, had to be paid all remunerations and other entitlements due him from the date of his removal from office, the order says.
The court issued the order of compensation after it found out that the removal of Chief Sam in March, 2015 violate Article-7 of the African Charter on Human and People’s Rights, 1981. The said article prohibits the violation of a person’s fundamental rights as recognised and guaranteed by conventions, laws, regulations and customs in force.
It also guarantees one’s right to be heard. By article 19 (2) of the protocol of the Community Court of Justice, the court’s decisions are final and immediately enforceable. Government has refused to comply with the order since it was handed down by the court. It however capitalises on the absence of an effective means to enforce the court’s decisions although they are binding.
Chief Sam is suffering double pain from a government that has refused to pay him his benefits as former Vice President. Almost three years back, former government ministers and senior officers of the past government have been paid their benefits leaving out the former Vice President.
In the face of such provocative acts, Chief Sam remains calm and unruffled since he believes in the rule of law. The former Vice President sought redress from the ECOWAS Court in Nigeria following his illegal removal from Office of Vice President.
Chief Sam’s arbitrary expulsion from the All People’s Congress, a party on whose ticket he became vice President, was a precursor to his eventual illegal dismissal.
Sections 50 and 51 of Sierra Leone’s Constitution, 1991 which relates to the removal of the President are also applicable to the Vice President.
The said provisions refer to the mental and physical capacity of the President and Vice President.
The matter of Chief Sam’s illegal sacking was taken to the ECOWAS Court on appeal as Sierra Leone’s judiciary failed to protect the former Vice President’s rights.
The removal, Sierra Leone lawyers say, sparked one of the greatest constitutional crisis in Sierra Leone’s recent political history.
A veteran lawyer who is also one of the framers of the 1991 constitution, Dr Abdulai Conteh argued that a President lacked the power to remove a Vice President from office.
Dr Conteh argued strongly that the supreme executive authority conferred on the President by the constitution does not include the power to sack a vice President.
Conteh’s legal arguments became reference point for lawyers representing the former Vice President at the Supreme Court of Sierra Leone.
Since the local courts failed to provide answers to one of the greatest constitutional questions of the time, ECOWAS Court became the legal institution that the former Vice President could turn to for solace.
In its judgement handed down in 2017, ECOWAS Court considered government’s action as ultravires (Outside its powers) and that the former Vice President must be compensated.
