Liberia (first respondent) and Guinea (second respondent) have been cleared by the ECOWAS Court of Justice in Abuja over accusation that both countries subjected one Abrahim Sheriff to an enforced disappearance and other serious human rights violations, according to a dispatch from Nigeria.
The panel of Justices, who adjudicated the matter, was led by Sengu Mohamed Koroma, with Gberi-Bè Ouattara and Edward Amoako Asante as members.
Sheriff, believed to be a Liberian citizen, had alleged that both countries colluded in his unlawful arrest in Liberia and subsequent detention for armed insurrection, mercenary activity and criminal conspiracy in Guinea. He also claimed that he was tortured, arbitrarily detained under inhuman conditions, and forcibly imprisoned.
Sheriff’s life was said to have been endangered, when the two countries allegedly labeled him as a mercenary, and confiscated US$177,800 from him, according to the suit. His legal team claimed that the actions of the two governments violated Sheriff’s rights to life, liberty, freedom of movement, association, and work, as guaranteed under the African Charter on Human and Peoples’ Rights.
However, the Court’s decision, delivered on July 10, 2025, said it could not consider the suit on its merit. According to the panel of judges, the applicant’s assertion of being a direct victim coupled with claims of forced disappearance rendered his legal capacity to initiate this action untenable.
The court further explained, while the applicant’s factual allegations met the definition of enforced disappearance, the identified procedural defects prevented reviewing the substantive merits of the claim.
“The applicant lacked standing for the application in his personal capacity,” the court ruled, ordering, “all parties to bear their costs.”
However, Guinea’s contention over the court’s jurisdiction was vehemently rejected. “This court dismissed Guinea’s objection and affirmed its jurisdiction under Article 9(4) of the ECOWAS Court Protocol, which empowers it to hear human rights cases across the region,” the panel ruled.
But Liberia told the court it acted within the law, arguing that Mr. Sheriff was released and voluntarily transferred to Guinea, which it described as his country of nationality and domicile. Liberia, the first respondent, said the process was made public, including a habeas corpus proceeding, and therefore did not meet the criteria for enforced disappearance, which requires secrecy about a person’s whereabouts.
Also, Liberia, the first respondent, argued that Mr. Sheriff did not demonstrate any intent to conceal his fate or whereabouts, saying Sheriff personally initiated the case.
Liberia further explained that Mr. Sheriff undermined the credibility of his claim of forced disappearance and rendered the application untenable, while Guinea, on its part, denied having any custody of the applicant or involvement in the alleged violations–adding that all events occurred in Liberia, outside its jurisdiction.
It argued that the suit was defective because it was filed in the name of someone allegedly deceased, without proper legal representation.
Background
On 15 November 2024, Criminal Court ‘A’ in Monrovia ordered the Liberian Ministry of Justice to produce the living body of Mr Sheriff, also referred to in court and media reports as Ibrahima Khalil Cherif, described as a Guinean national who mysteriously went missing while in state custody.
The order followed a bill of information filed by Mr Sheriff’s legal team. Presiding Judge Roosevelt Willie directed the Ministry of Justice to clarify whether the defendant was still being held.
The Liberia National Police later announced that the defendant had been released, but his whereabouts remained unknown.
Mr. Sheriff was arrested by Liberian joint security forces over allegations of plotting to overthrow Guinea’s military government led by Mamady Doumbouya.
They claimed that he crossed into Liberia from Guinea and was recruiting ex-combatants for a planned insurrection.
He was charged with serious national security offences, including mercenary activities, armed insurrection, criminal conspiracy, criminal solicitation, and paramilitary operations.
The judge, citing national and regional security concerns, ruled that Mr Sheriff must not be extradited to Guinea—or any other country—without a proper legal determination in Liberia.
The ruling was meant to protect the defendant’s safety and uphold due process.
On 31 October 2024, the Montserrado County Attorney, Richard Scott Jr., filed a nolle prosequi, formally dropping all charges against Mr Sheriff.
While no specific reason was offered by the Ministry of Justice, legal analysts believe the withdrawal may have resulted from insufficient evidence or political considerations.
The move effectively ended the prosecution, though the state reserved the right to reopen the case if new information emerged
Note: This story was first published in The Premium Times, Nigeria
