ECOWAS Court Delivers Judgment in Case ECW/CCJ/APP/10/21 Between Ibrahima Cherif Bah and the Republic of Guinea

The Community Court of Justice, ECOWAS on 14 March 2025 delivered its judgment in a case brought by Ibrahima Cherif Bah and four (4) others against the Republic of Guinea over allegations of violation of their fundamental human rights.

In its judgment delivered by Hon. Justice Gberi-Bè Ouattara, Judge Rapporteur, the Court declared it had jurisdiction and the case was admissible. It held that the Republic of Guinea violated the rights of the Applicants to fair trial and within reasonable time, and their right to defense. It awarded the sum of five (5) million CFA Francs to each of the five Applicants as compensation for damages.

However, the Court dismissed the Applicants’ request for accelerated hearing of the matter. It rejected their claims of violation of rights to presumption of innocence, arbitrary detention, torture, cruel and degrading treatment.

The Applicants – Ibrahima Cherif Bah, Abdoulaye Bah, Mamadou Cellou Balde, Ousmane Gaoual Diallo and Etienne Soropogui – in their initiating application with suit number ECW/CCJ/APP/10/21, alleged the violation of their rights to freedom from arbitrary detention, right to fair trial and presumption of innocence. They also asked the Court to hold the Republic of Guinea liable for violating their rights to be tried within reasonable time, and right to freedom from torture, cruel, inhuman, and degrading treatment.

They averred that after the presidential elections in 2020, Mamadou Cellou Dalein Diallo, who was a former prime minister and leader of the main opposition party in Guinea known as UFDG (Union of Democratic Forces of Guinea) and who stood as presidential candidate in the election was kept alongside his family under house arrest for 10 days and his party offices were locked.

They added that many party members including those of other opposition parties were illegally arrested, kidnapped, wounded, or killed by agents of security forces of the State. Many, including the Applicants were placed on provisional detention due to political considerations and false allegations.

They sought order of the Court for their immediate release from detention, and award of 40 million CFA Francs as compensation to each Applicant for prejudice suffered.  

The Respondent, Republic of Guinea, argued that the Applicants were arrested following a letter of request issued by the magistrate to the investigating officer for search and arrest of persons suspected of participating directly or indirectly in offenses or illegal acts, adding that the matter was under judicial procedure of the State. It denied all the allegations of the Applicants and asked the Court to dismiss the case.

In its findings, the Court noted that the Republic of Guinea violated the rights of the Applicants to fair trial particularly, their right to be tried within reasonable time, and their right to defense. But dismissed their request for accelerated hearing of the matter describing it as unfounded, as well as their claims of violation of rights to presumption of innocence, arbitrary detention, torture, cruel and degrading treatment. On the panel were Hon. Justice Ricardo Cláudio Monteiro Gonçalves (presiding), Hon. Justice Dupe Atoki (Member) and Hon. Justice Gberi-bè Ouattara (judge rapporteur).