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1 COMMUNITY COURT OF JUSTICE, No. 10 DAR ES SALAAM CRESCENT, ECOWAS OFF AMINU KANO CRESCENT, COUR DE JUSTICE DE LA COMMUNAUTE, WUSE II, ABUJA-NIGERIA. CEDEAO PMB 567 GARKI, ABUJA TRIBUNAL DE JUSTIÇA DA COMMUNIDADE, TEL/FAX:234-9-6708210/09-5240781 Website: www.courtecowas.org CEDEAO IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) HOLDEN AT ABUJA, NIGERIA ON THE 04th DAY OF MAY 2015 SUIT N°: ECW/CCJ/APP/20/13 JUDGMENT N°: ECW/CCJ/JUD/11/15 BETWEEN: Mohammed El Tayyib Bah – Plaintiff / Applicant AND Republic of Sierra Leone – Defendant / Respondents BEFORE THEIR LORDSHIPS: 1- Hon. Justice Friday Chijioke Nwoke – Presiding 2- Hon. Justice Micah Wilkins Wright – Member 3- Hon. Justice Hameye Foune Mahalmadane – Member Assisted by Aboubakar Diakité -Registrar Representation to the Parties: 1- Ray Onyegu & Sola Egbeyinka – For the Plaintiff / Applicant 2- Defendant Absent and Unrepresented

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Subject Matter of the PRroceedings2
Summary of Facts and Procedure2
Argument of the Parties4
The Weight of Evidence Adduced by the Plaitiff6

ECW/CCJ/JUD/11/15 Mohammed El Tayyib Bah v Sierra Leone

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/20/13

ECCJ Jud No.: ECW/CCJ/JUD/11/15

Type of Document

Judgement

Keywords

Damages and Compensation
Protection of Family and Vulnerable Groups
Right to Dignity
Right to Fair Trial
Right to Health
Torture and Ill Treatment
Transitional Justice
Workers' Rights

Country

Sierra Leone

Outcome: Decided on Merits

Year Decided: May 4, 2015

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial

African Charter Rights Violated

ACHPR 7: Right to Fair Trial

Duration of Procedure: Oct 14, 2013 ~ May 4, 2015

Country Geolocation

Latitude: 8.460555

Longitude: -11.779889

Country Geolocation (linked ECOWAS Court): Sierra Leone

Primary Documents

ECW_CCJ_JUD_11_15.pdf
english
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ECW_CCJ_JUD_11_15 Mohammed El Tayyib Bah v Sierra Leone - PT.pdf
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African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

ECOWAS Court Rules of Procedure

Article 911. Articles 32 and 33 of these Rules shall apply to an application initiating third party proceedings. In addition such an application shall:(a) Specify the judgment contested; (b) State how that judgment is prejudicial to the rights of the third party; (c) Indicate the reasons for which the third party was unable to take part in the original case. 2. The application must be made against all the parties to the original case. 3. Where the judgment has been published in the Official Journal of the community. The application must be lodged within two months of the publication. 4. The Court may, on application by the third party, order a stay of execution of the judgment. 5. The provisions of Title III, Chapter I, of these Rules shall apply. 6. The contested judgment shall be varied on the points on which the submissions of the third party are upheld. 7. The original of the judgment in the third-party proceedings shall be annexed to the original of the contested judgment. A note of the judgment in the third-party proceedings shall be made in the margin of the original of the contested judgment.

Rules of Procedure

African Charter on Human and Peoples' Rights

Treaty

ECOWAS Court Rules of Procedure

1. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Rules of Procedure

ECOWAS Court Rules of Procedure

1. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default. 2. The application shall be served on the defendant. 3. The Court may decide to open the oral procedure on the application. 4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded. 5. The Court may order a preparatory inquiry. 6. A judgment by default shall be enforceable. 7. The Court may, however, grant a stay of execution until the Court has given its decision on any application under paragraph 8 to set aside the judgment, or it may make execution subject to the provision of security of an amount and nature to be fixed in the light of the circumstances. This security shall be released if no such application is made or if the application fails. 8. Application may be made to set aside a judgment by default. 9. The application to set aside the judgment must be made within one month from the date of service of the judgment and must be lodged in the form prescribed by Articles 32and 33 of these Rules. 10. After the application has been served, the President shall prescribe a period within which the other party may submit his written observations. 11. The proceedings shall be conducted in accordance with Article 40 of these Rules. 12. The Court shall decide by way of a judgment whic h may not be set aside. The Original of this judgment shall be annexed to the original of the judgment by default. 13. A note of the judgment on the application to set aside shall be made in the margin of the original of the judgment by default.

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 901. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default.

Rules of Procedure

ECOWAS Court Rules of Procedure

2. The application shall be served on the defendant.

Rules of Procedure

ECOWAS Court Rules of Procedure

3. The Court may decide to open the oral procedure on the application.

Rules of Procedure

ECOWAS Court Rules of Procedure

4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded.

Rules of Procedure

African Charter on Human and Peoples' Rights

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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- Rules of Procedure18
- Treaty35
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- ECOWAS Court5
Location1
- Countries (Geolocation) 1

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