In a significant ruling, the ECOWAS Court of Justice has ordered the government of Sierra Leone to amend or repeal its loitering laws, declaring them discriminatory and a violation of fundamental rights.
The court highlighted that the current law disproportionately targets vulnerable individuals, particularly those who may be conducting legitimate activities at night.
It noted that the legislation grants police “excessive” authority to arrest and detain, leaving room for potential abuse of power.
The court’s decision calls on Sierra Leone to “urgently” address the loitering laws to align with its commitments under the African Charter on Human and People’s Rights and other relevant international agreements.
The ruling emphasized that the law infringes upon the freedom of movement, directing the country to take “appropriate legislative measures” to amend or abolish the statute.
This legal victory was achieved through the efforts of lawyer Eleanor Thompson, who represented the advocacy organization ADVOCAID in court, arguing that the law unjustly criminalizes the vulnerable and violates human rights principles.
