26. Whereas it is established from the duly signed attestations, pleaded as “acts of
renunciation of any further claim”, under the exhibits of the case-file, that the
Applicants, except the said training personnel, had acknowledged that they were
totally settled before they made such “renunciation of any further claim” from the
Sierra Leone Government.
27. Whereas the acknowledgment of that definitive settlement is clearly mentioned
in the Initiating Application dated 2 June 2014 (see paragraphs 19 and 20), even if
the Applicants plead further on, without supporting evidence, that they were
coerced to establish and sign the said attestations.
28.
The Court equally notes that the diligent efforts made by the judicial
authorities of Sierra Leone to resolve the dispute among the parties, pursuant to
the Sierra Leone High Court Decision of 17 August 2015, which upheld the
entitlements due the trainers of Sierra National Airlines who were absorbed by
Sierra Leone Airport Authority.
29. Whereas moreover, the said judicial decision, like the one which was dated 21
October 2011 and ordering the judicial liquidation of Sierra National Airlines, is
inconsistent with the complaint made by the Applicants, according to which the
Sierra Leone judiciary is incapable of rendering a fair judgment in reasonable time.
Going by that assertion, it becomes worthy to recall that it was not until 2012 that
the Applicants lodged the case in question for the first time before the Sierra Leone
judiciary, and less than two years after, on 30 June 2014, to be precise, they brought
the matter before the ECOWAS Court of Justice.
30. In sum, it is imperative to notice that the complaints deriving from violation
of the socio-economic rights of the Applicants or from their right to fair trial – that
their cause be heard in reasonable time or that they work under satisfactory
conditions, are neither relevant nor buttressed by concrete and convincing
evidence.
10