14. Within the same line of thinking, Plaintiffs/Applicants recall that the common
law that is the law subscribed to by the State of Sierra – Leone provides that it is
obligatory upon an employer to pay settle any severance pay within reasonable
period. They add that the worse scenario is that the refusal to pay severance
allowances under reference, apart from being a cruel and degrading act, was likely
to have infringed upon the human dignity of their persons (Article 5 of the African
Charter on Human and Peoples’ Rights.)
15. Also, Plaintiffs/Applicants allege the violation of Article 7 of the said Charter,
because their right to be heard by an independent, impartial court, and within
reasonable period, was disregarded. This is because according to them, the
liquidator, who is supposed to represent the interest of Sierra National Airlines,
and its creditors (among whom are Plaintiffs /Applicants in the instant case),
equally represents the first Defendant, because his nomination and representation
before the national courts of Sierra – Leone were by the leave of the first Defendant;
16. Finally, Plaintiffs/Applicants allege the violation of Articles 5, 7, 14 and 23 of
the Universal declaration of Human Rights, and Articles 20, 21 and 23 of the
Constitution of Sierra – Leone of 1991, all of which guarantee the safeguard of
human dignity, the right to fair hearing, the right to own property, and the right to
work in equitable and satisfying conditions;
17. Whereas on their own part, Defendants, namely the State of Sierra – Leone
and the Sierra National Airlines, through their Counsel, seek the setting aside of
all
the
claims
made
by
Plaintiffs/Applicants,
by
arguing
that
they
(Plaintiffs/Applicants) did not avail the Court of any tangible proof, whatsoever,
for a human rights violation, within the purview of the international legal
instruments that they relied on;
7