The ECOWAS Court of Justice sitting in Abuja has adjourned, until June 25, a case filed by an NGO against a ban on pregnant girls going to school in Sierra Leone.
The NGO, Defence for Children International-Sierra Leone, Women Against Violence and Exploitation in Society and Child Welfare Society against the Sierra Leonean Government.
The presiding judge, Justice Edward Asante adjourned the case to give the defendant time to file a defence.
Asante also awarded 10,000 dollars in favour of the plaintiff at the request of the counsel to the plaintiff.
“Looking at the records, if you (defendant) had filed it much earlier, there would not have been need to file your defence because you may have been anticipating that the case would be struck out.
“But you waited for them to proceed to file an application for judgement against you before you pre-empted it with this application.
“Obviously, they are perfectly within their rights in entitlement to costs and therefore we award costs against you of 10,000 dollars,” the judge held.
Earlier, counsel to the plaintiff, Mr Oludayo Fagbemi had argued that the defendant had delayed in filing their response to the case filed.
“We had filed an application requesting for a default judgement on Jan. 23, because this suit was filed on May 17, 2018.
“The defendant did not bring their preliminary objection until after we had filed the application for default judgement. The application of the defendant was brought Feb. 25, 2019.
“My lord, this case has gone on for too long and we will like to resolve it once and for all; it is expensive coming all the way from Banjul to court every time to appear in this case.
“However, if the court is declined to grant the defendant’s application, we will be asking for substantial costs in our favour.”
Also joined with the applicants are Equality Now and the Institute for Human Rights and Development in Africa.
NAN reports that Sierra Leone introduced the ban in 2015 after a rise in rape, abuse and poverty during the deadly Ebola outbreak that fueled a spike in teenage pregnancies in the country.
The law reportedly increased the stigma surrounding pregnant girls and set thousands back in their studies.
The plaintiffs sought, among other things, the court to determine if the ban makes the Sierra Leonean State responsible for the violation of international law under the human rights treaties to which is a State party to.
Sierra Leone is a State party particularly to the African Charter on the Rights and Welfare of the Child; the African Charter on Human and Peoples’ Rights; the Protocol to the African Charter on the Rights of Women in Africa; the Convention on the Elimination of all Forms of Discrimination against Women; the Convention against Torture, among others. (NAN)
