WHAT IS THE EBOLA ECOWAS LITIGATION?

In January 2018, two plaintiffs—healthcare workers who were infected with and survived Ebola—and the Centre for Accountability and Rule of Law (CARL-SL) sued the Government of Sierra Leone at the ECOWAS Court of Justice. The plaintiffs allege that the government’s mismanagement of $14M in Ebola response funds caused violations of the rights to life and health of Sierra Leoneans. The plaintiffs rely on the findings of two special audit reports released by the Audit Service of Sierra Leone in 2015 and 2016, which found that the government’s fiscal mismanagement caused “a reduction in the quality of service delivery in the health sector” during the Ebola crisis.

Specifically, the plaintiffs argue that the government’s poor stewardship of the Ebola funds diminished the human and physical infrastructure needed to handle the Ebola crisis including, for example, sufficient numbers of healthcare workers, ambulances, and treatment facilities. The result was a greater number of Ebola infections than would have occurred otherwise. Further, the plaintiffs argue that the government failed to investigate effectively mismanagement of the Ebola funds. Investigation is critical to preventing future violations. 

The plaintiffs seek from the government, among other things:  

·         Review and reform of procurement and budgeting policies, so that funds will not be mismanaged in the future

·         Ongoing medical and mental health support for Ebola survivors

·         Stigma reduction initiatives, employment opportunities, job training, and educational support for Ebola survivors so that they can reintegrate into Sierra Leonean society

·         As recommended in the 2018 Government Transition Team report, a commitment by the government to investigate and prosecute individuals suspected of stealing Ebola funds, and recover said funds to compensate Ebola victims and survivors.

In July 2018, the Sierra Leone Association of Ebola Survivors (SLAES) filed a request with the ECOWAS Court to join the Ebola litigation as a plaintiff. Then, at the end of 2018, the ECOWAS Court set a hearing date of January 24, 2019 to determine whether SLAES should be allowed to join 

On January 23, 2019—just one day before the hearing—the Government of Sierra Leone filed a written objection to SLAES’ request for joinder. The government narrowly argued that because SLAES is not registered with the Corporate Affairs Commission of Sierra Leone, it does not have legal personality and therefore cannot become a plaintiff. The government also claimed that adding SLAES would be “surplusage” that would bring no added value to the case, as SLAES had previously adopted the written submissions of the existing plaintiffs in its joinder request.

In response, SLAES argued that the government had offered an incomplete picture of the legal regime underpinning legal personality in Sierra Leone and that, in any event, SLAES seeks additional relief distinct from that sought by the existing plaintiffs.

The court granted SLAES until Tuesday, February 26 to present its counterarguments in greater detail.