Mr Sheriff's lawyers said he was born in Liberia but raised in Guinea and alleged that both countries colluded in his unlawful arrest and detention over accusations.
The ECOWAS Court of Justice in Abuja has dismissed a case filed by Abrahim Sheriff, a Liberian national, who accused the governments of Liberia and Guinea of subjecting him to enforced disappearance and other serious human rights violations.
In a ruling delivered on Tuesday, the court declared the application inadmissible due to a lack of legal standing, even as it affirmed its jurisdiction to hear human rights cases against member states.
The panel of Justices was led by Sengu Mohamed Koroma, with Gberi-Bè Ouattara and Edward Amoako Asante as members.
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Mr Sheriff's lawyers claimed he was born in Liberia but raised in Guinea and alleged that both countries colluded in his unlawful arrest and detention over accusations of armed insurrection, mercenary activity, and criminal conspiracy.
The suit also claimed Mr Sheriff was tortured, arbitrarily detained under inhuman conditions, and forcibly imprisoned.
It also alleged that the respondents endangered Mr Sheriff's life, falsely labelled him a mercenary, and confiscated $177,800 belonging to him.
According to the applicant's lawyer, the actions of the two governments violated his rights to life, liberty, freedom of movement, association, and work, as guaranteed under the African Charter on Human and Peoples' Rights.
Defence
But the Republic of 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, the first respondent argued that Mr Sheriff did not demonstrate any intent to conceal his fate or whereabouts, saying Mr Sheriff personally initiated the case.
The Republic of Liberia further explained that Mr Sheriff undermined the credibility of his claim of forced disappearance and rendered the application untenable.
The Republic of Guinea, on its part, denied having any custody of the applicant or involvement in the alleged violations.
The second respondent said 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.
It also challenged the court's jurisdiction.
Ruling
In its judgement, the 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.
However, the court ruled that it could not consider the suit on merit.
It held that the applicant's assertion of being a direct victim coupled with claims of forced disappearance rendered his legal capacity to initiate this action untenable.
It noted that while the applicant's factual allegations met the definition of enforced disappearance, the identified procedural defects prevented reviewing the substantive merits of the claim.
Therefore, the court found that the applicant lacked standing for the application in his personal capacity.
The court ordered all parties to bear their costs.
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.
According to Verity News, the charges were dropped shortly before allegations of Mr Sheriff's disappearance surfaced.
He had been detained at the Monrovia Central Prison before vanishing. His lawyer, former Associate Justice Kabineh Ja'neh, insistes that Mr Sheriff is a Liberian citizen and has accused the government of unlawfully removing him from custody.
Mr Ja'neh claimed that his client was taken from his cell at around 3 a.m. by state security personnel led by the Inspector General of Police, Gregory Coleman.
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He said that since then, there has been no official information about his whereabouts.
Speaking on the "Spoon Talk" radio programme, Mr Ja'neh alleged that his client may have been killed.
The case has strained relations between Liberia and Guinea, which has accused Liberia of harbouring dissidents seeking to destabilise its government.
On 15 November 2024, the Citizens' Bureau for Development and Productivity, a human rights group, condemned the disappearance.
In a statement, Executive Director John Kamma described the incident as part of a "disturbing wave" of human rights violations in Liberia.
He noted that Mr Sheriff, reportedly holding both Liberia and Guinea citizenship, was arrested three weeks earlier and charged, although the charges were later dropped.
Mr Kamma said that despite a court order, Mr Sheriff was never presented before the judge after being summoned from prison.
"It is more than concerning for a prisoner to be taken from his cell under the cover of darkness and yet be unaccounted for," he said.
The group urged the government to account for Mr Sheriff's whereabouts, citing Article 21 of the Liberian Constitution, which guarantees presumption of innocence and legal representation at all stages of a criminal case.
"We are working with local and international partners to ensure justice is served," Mr Kamma said, "regardless of nationality, ethnicity, or religion."
