The Economic Community of West African States (ECOWAS) Court of Justice, has on Thursday ordered Sierra Leone to amend, modify, or repeal its laws on loitering in public places to comply with the country’s obligations under Articles 1, 2, 3(1), and 12(1) of the African Charter on Human and Peoples’ Rights.
A Sierra Leonean NGO, Advocaid Ltd, had filed an application with the Court on 12 April 2022 challenging certain provisions of Sierra Leone’s Public Order Act, Summary Conviction Offences Ordinance, and Criminal Procedure Act which authorise the police to arrest any person who is idle in a public place and cannot give a good account of himself or herself.
The Applicant contended that maintaining and enforcing these laws violate the principles of non-discrimination, equality before the law, and freedom of movement, particularly concerning impoverished and marginalized people.
In the Judgment delivered by Justice Edward Asante Amoako, the Judge Rapporteur, the Court found that the loitering laws perpetuate discrimination against economically disadvantaged individuals, violating the right to non-discrimination and equal protection under Articles 2 and 3(1) of the African Charter on Human and Peoples’ Rights. Additionally, the laws impose unwarranted restrictions on freedom of movement, contrary to Article 12(1) of the African Charter.
The Court also noted that vague terms in the loitering laws, such as “idle” and “disorderly,” create opportunities for arbitrary enforcement and do not meet standards of legality, necessity, and proportionality in a democratic society.
Accordingly, the ECOWAS Court ordered Sierra Leone to undertake legislative reforms to amend, modify, or repeal these loitering laws to comply with its human rights obligations under the African Charter.
The Court further directed each party to bear its own costs in the suit.
Also on the three-member panel were Honourable Justices Ricardo Cláudio Monteiro Gonçalves, presiding and Dupe Atoki, member.
