By Foday Moriba Conteh
In a Press Statement dated Friday 12 June 2020, the Citizens Advocacy Network (CAN) raised certain concerns relating to the dismissal of ten officers in the Sierra Leone Police. The Civil Society Organization stated that their investigations show that the affected Police Officers were dismissed without regard for due process as expected in a democratic society.
CAN maintains that it seems apparent that the relevant authorities in the SLP failed to follow the laid down laws and guidelines as provided by the Police Disciplinary Act 2001 which sets out the conditions and defines the processes and procedures of dismissing a Police Officer, noting that the sacked Police Officers were never accorded their constitutional right to fair hearing which CAN described as a complete and clear violation of the principles of Natural Law and Natural Justice and that those principles fundamentally advocate the legal theory of “audi alteram partem;” which guarantee that the accused persons must always be accorded the right to be heard and to defend themselves.
They disclosed that judging by the evidence before them, they believe that the said Police Officers never had the chance to defend themselves against any supposed wrong they might have perpetuated and that it is an abuse of power and position for any authority to dismiss employees without hearing their responses to the allegation against them, or accord them the constitutional right to defend themselves.
CAN further maintained that such action also violates Sections 10 (1) and 11 of the Police Discipline Regulations Act, 2001 and that those Sections clearly outline the processes involved in disciplining officers as they relate to lawful handling of complaints and the obligation of hearing from the other side. They further noted that Section 15 of the aforesaid Act provides that a tribunal be set up to try officers alleged to have committed offences.
“In fact, officers alleged to have committed offences are required to appear to ensure equity, justice and reasonable conclusions are obtained. Our investigations show beyond doubt that such a tribunal was neither formed nor were the dismissed officers accorded their rights to defend themselves,” CAN bemoaned.
The organization also stated that it believes the sackings are in violation of rules, the codes of the SLP, the Police Discipline Regulations Act 2001 and the 1991 Constitution which guarantees fair hearing.
“It must be noted that the Police is such an integral part in the democratization process. They are crucial in setting standards befitting of their mandate. Following due process and constitutional provisions should not be a strange phenomenon. As custodians of the law, they are to give confidence to the public in believing that they are there to truly save lives and property,” it was underscored by the organization.
CAN affirmed that if the Police Force cannot give confidence to its members of honouring laid down laws, best practices and procedures, it is worrying that the public may also lose confidence in the Force also reminding the hierarchy of the Force that such actions are subject to judicial review and that negative publicity about the Force does not make it has a pretty image in the public domain.
The CSO respectfully called on His Excellency the Vice President, who also doubles as the Chairman of the Police Council, to intervene and ensure that due processes and procedures are strictly adhered to and let justice prevail!
