Members of the Marginalized Affected Property Owners Association (MAPO), a civil society group based in Kono in the Eastern Region of Sierra Leone, say they are unperturbed about the frequent adjournments of their case pending at the Court of Appeal in Freetown and have vowed to relentlessly pursue their case despite the frustrations.
“Even if they ask us to come here a hundred times, we shall come. We’re determined to fight for our rights and to seek justice through the legal process. Even though we’re not happy about the continuous dragging of our case at the courts, we are not intimidated by any attempts to frustrate us”, they said after Sierra Leone’s Court of Appeal again adjourned their case to November 14, 2025.
Last Thursday, the Court of Appeal again adjourned hearing Kono community’s human rights claims, which seek to determine whether the community members can legally take on a multinational diamond mining company for causing harm to their livelihoods, health, and their traditional lands.
The community members and their partners left the court premises disappointed and helpless but remained resolute in their bid to relentlessly fight for their rights in a case which has dragged on for five years amidst several court adjournments. One of the three-member panel of judges, Hon. Justice Emily Wright, was unavailable, leading to the latest adjournment.
The matter is adjourned to Thursday 14th November 2024. Counsels for the two parties agreed before the Hon. Justice Reginald Fynn (JA) and the Hon. Justice Sulaiman Bah (JA), in Chambers, that if for any reason the matter is unable to proceed, the Defence Counsel will file written submission while the Counsel for the Appellant will file a written reply to his submission. Under this arrangement, the matter will then be withdrawn for ruling, meaning no further hearings after the 14th of November 2024.
“We keep travelling all the way from Koidu, and other parts of Kono to Freetown, a 12-hour return trip any time the Court decides to sit on our case. We keep coming in our numbers to court and they also keep adjourning our case, but I can assure everyone that we are never going to retreat or surrender, but rather, we’re going to soldier on despite the adjournments”, Mr. Prince Boima, the MAPO Chairman, said after the court announced yet another adjournment on Thursday.
The Lead Counsel for the plaintiffs, Dr. Chernor Mamoud Benedict Jalloh urged the justice system to ensure that justice is delivered in a timely manner in this matter because “justice delayed is justice denied to all parties in this litigation.”
The hearing of the Koidu community’s human rights became possible after a ruling on Thursday February 29, 2024, that struck out preliminary objections filed by the defendant mining company, Koidu Limited.
The Appeals Court’s ruling last February brought a new life into the Koidu plaintiffs’ case, which was dismissed by the High Court in Makeni on 27th October 2022, on the basis that the plaintiffs were not qualified to press their claims in court. The dismissal order also ruled that the plaintiffs should have used a non-judicial grievance mechanism before going to court, despite also recognizing that the grievance mechanism did not actually exist.
Brief background
Koidu Limited is a diamond mining company that operates in Sierra Leone and is privately owned by BSG Resources Limited (BSGR) through its subsidiary, Octéa Limited. The company is accused of degrading the living conditions of people living near its mining operations and failing to properly relocate them or compensate them for their losses.
Residents who have not been relocated find it increasingly difficult to farm because waste rock and rubble from Koidu Ltd.’s operations have covered much of their farmland. “Koidu Limited has destroyed our lives,” said Mr. Prince Boima, Chairman of the Marginalized Affected Property Owners Association. “We used to farm and live in peace, but now our lands and water sources are poisoned and covered in rubble. Our homes are shaken by explosives every day.”
Residents also report that their health has suffered. Dust from the mining operations often covers the community and causes headaches, difficulty breathing, and a burning sensation in the
Residents’ eyes. The operations have also contaminated the water, and many residents develop skin rashes and digestive problems they did not previously experience. High stress from living with frequent blasting further causes headaches, high blood pressure, heart palpitations, and respiratory problems in the community.
Despite promising to properly relocate affected community members in advance of expanding its mining operations, Koidu Ltd. has left the people to suffer. Many community members have neither been relocated, nor compensated for the damage to their properties, health, and livelihoods. Others have been relocated to a new area, but the conditions of relocation have been incommensurate with what they lost.
The community is supported in its fight for justice by Advocates for Community Alternatives (ACA), a Ghana-based human rights organization, and Network Movement for Justice and Development (NMJD), a Sierra Leonean civil society organization that organizes communities for a more just society in the face of natural resource extraction.
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