ECOWAS Court Declares FGM as Torture, Orders Sierra Leone to Criminalise the Practice

Favour Etinosa

ECOWAS secretariat. Photo source: The Tide
ECOWAS secretariat. Photo source: The Tide
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Summary

The ECOWAS Court has declared female genital mutilation (FGM) a form of torture and ordered Sierra Leone to criminalise the practice. It also awarded $30,000 in compensation to survivor Kadijatu Allieu, setting a historic legal precedent for the region.

The Economic Community of West African States (ECOWAS) Court of Justice has declared Female Genital Mutilation (FGM) a form of torture and ordered the Government of Sierra Leone to enact legislation explicitly criminalising the practice promptly

The court found Sierra Leone in violation of women’s and girls’ rights for failing to outlaw FGM, declaring it “one of the worst forms of violence against women” and stating that when intentionally inflicted, it “meets the threshold for torture.” The judgment cited violations of multiple regional and international instruments, including the Maputo Protocol and the African Charter on the Rights and Welfare of the Child.

Delivered on 8 July 2025, the ruling followed a case brought by survivor Kadijatu Balaima Allieu, who was forcibly mutilated in 2016 by members of the secretive Bondo society. She was gagged, blindfolded, and left in a pool of blood for three days before police rescued her. Her story, backed by 31 movement partners from the Forum Against Harmful Practices (FAHP) and Purposeful, became a symbol of resistance and a call for legal reform.

The ECOWAS Court has now ordered Sierra Leone to implement legislation criminalising FGM, investigate and prosecute those responsible for the assault on Kadijatu, and provide redress to her, including financial compensation of $30,000 USD for the violations of her rights.

The ruling, delivered by a panel of judges representing the 12 ECOWAS Member States, holds Sierra Leone accountable and marks a historic moment for the country and the West African region. It sets a new legal precedent by affirming female genital mutilation (FGM) as a form of torture under international law.

Despite a 2012 UN resolution calling for a global ban on FGM, the practice remains widespread. In Sierra Leone, a 2019 national survey found that 83% of women had undergone FGM, with most cut before age 15. 

The ruling also comes weeks after President Julius Maada Bio became the first Sierra Leonean head of state to chair ECOWAS, yet he has not publicly responded to the judgment. Around the same time, Sierra Leone passed the Child Rights Act 2025, but a press release from Parliament clarified that the law does not include penalties specifically addressing FGM.

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