JUDGMENT DELIVERED IN THE CASE OF CASSANDRA GARBER & 4 ORS V. REPUBLIC OF SIERRA LEONE
ABUJA, 17 March 2025 – The Court of Justice of the Economic Community of West African States (ECOWAS) has today rendered its judgment in Case No. ECW/CCJ/APP/22/21, concerning allegations of historic and continuing discrimination against members of the Krio community in Sierra Leone.
The Court unanimously dismissed the application, finding that recent legislative changes had rendered the case moot.
Background
The Applicants, comprising individual members and civil society organizations of the Krio community, instituted proceedings alleging that the Republic of Sierra Leone had perpetuated discrimination in land ownership rights against the Krio people based on colonial-era legislation.
The Applicants contended that the British colonial government’s Protectorate Land Ordinance of 1927, which was later re-enacted with minor changes as the Provinces Land Act of 1960, deprived the Krios of the right to acquire land outside Freetown. The Krios, descendants of freed African slaves who resettled in Freetown before and during the colonial era, were categorized as non-natives under the Provinces Land Act and consequently barred from acquiring lands in the Provinces under the authority of tribal chiefs.
The Applicants alleged violations of their rights to non-discrimination, freedom of movement, residence, and association under Articles 2, 7(1), 10(1), 12, and 19 of the African Charter on Human and Peoples’ Rights.
Key Findings
In its reasoned judgment, the Court held that:
- The National Land Commission Act of 2022 had repealed in its entirety the Provinces Land Act that was challenged by the Applicants.
- The Customary Land Rights Act of 2022 has eliminated any form of discrimination in the use and acquisition of land in Sierra Leone.
- These legislative reforms effectively addressed the issues raised in the application, rendering the case moot.
The Court therefore dismissed the Applicants’ request for a default judgment against the Respondent State.
Composition of the Court
The judgment was delivered by a panel comprising:
- Honourable Justice Ricardo Cláudio Monteiro Gonçalves, Presiding
- Honourable Justice Dupe Atoki, Member
- Honourable Justice Edward Amoako Asante, Judge Rapporteur