JUDGMENT DELIVERED IN THE CASE OF SATTA LAMIN BANYA V. REPUBLIC OF SIERRA LEONE

ECOWAS Community Court of Justice Orders Sierra Leone to Pay Compensation and Implement Protective Measures for Women.

Abuja, 20 March 2025 – The Community Court of Justice of the Economic Community of West African States (ECOWAS) has today delivered its judgment in Case No. ECW/CCJ/APP/51/21, finding the Respondent State in violation of fundamental human rights provisions under regional and international instruments.

Case Background

The case concerns the Applicant, Mrs. Satta Lamin Banya, a Sierra Leonean farmer and political activist who supported an opposition candidate during the 2018 presidential elections in Sierra Leone. Following the announcement of election results, the Applicant was violently assaulted and raped by youth who invaded her farm while she was working with family members present. The perpetrators subsequently destroyed her property by setting it ablaze.

The Court noted that the violent attack resulted in severe physical harm requiring surgical removal of the Applicant’s uterus (hysterectomy), permanently affecting her reproductive capabilities. Despite reporting the incident to law enforcement authorities, no effective investigation was conducted, the perpetrators were not prosecuted, and the Applicant received no psychological support or compensation for her suffering.

Key findings:

The Court ruled that the Republic of Sierra Leone violated the Applicant’s rights under:

  • Article 7 of the African Charter on Human and Peoples’ Rights (right to effective remedy and access to justice)
  • Article 5 of the African Charter on Human and Peoples’ Rights (right to respect for human dignity and protection from torture, cruel, inhuman or degrading treatment)
  • Article 7 of the International Covenant on Civil and Political Rights (protection from torture and cruel treatment)

The Court, however, found insufficient evidence to establish a violation of Article 2 of the African Charter regarding freedom from gender-based discrimination.

Court-Ordered Remedies

The Court has ordered the Republic of Sierra Leone to:

  1. Pay compensation in the amount of US$30,000 (Thirty Thousand United States Dollars) to the Applicant for the violations of her rights.
  2. Implement comprehensive measures to guarantee the protection of women against all forms of sexual violence, ensure appropriate punishment of perpetrators, and work toward the eradication of sexual violence in accordance with its international obligations.
  3. Establish a comprehensive support system for victims of sexual violence.

Judicial Panel

The judgment was rendered by a panel comprising:

  • Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding Judge and Judge Rapporteur)
  • Hon. Justice Gberi-Bè Ouattara (Member)
  • Hon. Justice Edward Amoako Asante (Member)