The East African Court of Justice (EACJ), has issued summons to
the Government of South Sudan with respect to the Kerbino Wol
Agok’s case.
The summons was issued to the Minister of Justice, of the
Government of South Sudan (GoSS) on Wednesday, the 6th day of
March, 2019 by the first instance Division of the Court, asking the
Sudanese Government to appear before the Court in the case of
prominent South Sudanese businessman and philanthropist, Mr.
Kerbino Wol Agok.
This Summons was issued in Application No. 20 of 2018, arising
from Reference No. 19 of 2018). Friends and associates of Mr.
Kerbino had instructed the Pan African Lawyers Union (PALU) to
institute a case in the Court concerning Kerbino, who has been
arbitrarily detained by the National Security Service (NSS) of
South Sudan from 27th April 2018 to date. Kerbino has not been
charged before any Court or Tribunal for any offence to date.
Further, despite the provisions of the Revitalised Agreement for
the Resolution of Conflict in South Sudan (R-ARCISS) and a Decree
issued by President Salva Kiir Mayardit requiring the release of
political detainees and prisoners of war, Kerbino and others in a
similar situation have not been released.
PALU therefore filed the case, being Reference No. 19 of 2018,
on 12th October 2018. In the Reference, PALU complains about the
prolonged, arbitrary detention of Mr. Agok, without being informed
of reasons for his arrest, without being charged or brought before
a competent impartial Court or tribunal. It also complains about
the arbitrary freezing of Kerbino’s corporate and personal Bank
Accounts, and the closure of his several businesses. It requests
the Court to declare that Kerbino’s rights have been violated; to
order his release; to order the reopening of his businesses and the
return of his money; and that Kerbino be compensated by way of
reparations and damages.
PALU thereafter filed an Application for Urgent Interim Orders,
being Application No. 20 of 2018, on 30th October 2018. In the
Application, PALU requests the Court, pending the determination of
the main case, to order the Government of South Sudan GoSS) to
provide precise and credible information as to the exact
whereabouts of Kerbino; to provide assurance to the Court that the
Government will immediately allow access to Kerbino by his family,
friends, associates, legal counsel and doctors; and to further
provide the Court with reasons for freezing Kerbino’s personal and
corporate bank accounts, confiscation of monies therein and the
closure of his businesses.
Today the matter came up for an ex parte Hearing, meaning the
Court was listening to the PALU side only, on the reasons why the
Application should be heard urgently. After listening to the PALU
side, the Court ordered that the Government side be summoned to
answer to the issues PALU raises in the Application for Urgent
Interim Orders. The Court has thereafter issued formal Summons for
an inter partes Hearing, meaning it will hear both the PALU and
Government sides, on Monday 25th March 2019.