By Amin Kef (Ranger)
In a groundbreaking decision, the High Court of Sierra Leone has reinstated Dr. Joseph M. Macarthy and Braima Koroma, two distinguished lecturers at Njala University, after quashing their unlawful termination. This landmark ruling, delivered by Honourable Justice Jamesina E.L. King on October 16, 2024, marks a significant triumph for academic integrity and the enforcement of due process within Sierra Leone’s educational institutions.
The legal battle, which unfolded over three years, stemmed from the abrupt dismissal of Dr. Joseph M. Macarthy and Braima Koroma in February 2023. Both educators, recognized for their invaluable contributions to Njala University, sought legal recourse after their terminations were executed without adherence to the statutory procedures mandated by the University Act of 2021, specifically Section 15, which guarantees rights to fair treatment and due process for academic staff.
Justice Jamesina E.L. King’s ruling emphatically highlighted the university’s failure to uphold these legal standards. The court found that Njala University had not conducted a proper investigation nor provided the lecturers with an opportunity to defend themselves, as required by law. This ruling underscores the critical importance of transparency and accountability in Sierra Leone’s academic sector, reinforcing that no institution is above the rule of law.
At the core of the case was the university’s blatant disregard for the procedures outlined in Section 15 of the University Act, which stipulates that employees facing dismissal are entitled to a fair hearing and thorough investigation. Justice Jamesina E.L. King noted that the university issued termination letters without a formal decision from the University Court, effectively stripping the lecturers of their rights. That failure to adhere to due process was further evidenced by discrepancies in the termination notices, which indicated conflicting terms regarding salary in lieu of notice, highlighting additional procedural inconsistencies.
It must be noted that the 2013 condition of service for administrative and senior academics at Njala University included details like salary scales based on academic rank, benefits like housing allowances, transportation allowances, medical coverage, research funding opportunities, sabbatical leave provisions and a performance-based promotion system, all outlined within the university’s Human Resource Management policies, though specific details might vary depending on the individual position and current university updates
Justice Jamesina E.L. King articulated that the university’s actions represented a clear violation of the principles of natural justice. Both Dr. Joseph M. Macarthy and Braima Koroma were not only denied the opportunity to defend themselves but were also kept in the dark regarding the specific charges against them. The court found that essential documents, including investigation reports and minutes, were withheld, depriving the lecturers of the necessary tools to mount a defense. This omission also deprived them of their right to appeal the decision to the Chancellor, as stipulated by the University Act, further compounding the injustice they faced.
The ruling unequivocally stated that Njala University’s actions not only contravened the University Act but also infringed upon the fundamental rights of the lecturers to due process. Consequently, the court ordered the immediate quashing of the termination letters and mandated the reinstatement of Dr. Joseph M. Macarthy and Braima Koroma to their respective positions at Njala University.
This pivotal ruling carries profound implications for Sierra Leone’s academic institutions, serving as a clarion call for strict adherence to statutory procedures in employment and disciplinary matters. It highlights the necessity for universities to uphold principles of fairness, transparency, and accountability in their dealings with faculty and staff.
For Dr. Joseph M. Macarthy and Braima Koroma , this victory is a personal vindication after enduring years of uncertainty and distress. Both lecturers have dedicated their careers to enhancing the academic and research landscape of Njala University. Their contributions to the institution have been significant and their dismissal sparked widespread concern within the academic community.
In light of the court’s ruling, both lecturers expressed their profound gratitude to their legal team, Marah & Associates led by Lawyer Augustine Sorie-Sengbe Marah and supporters. They reaffirmed their commitment to fostering a culture of respect, transparency and accountability within the academic environment. In a joint statement, they called upon other institutions to learn from the case, ensuring that such injustices are not repeated in the future.
The High Court’s decision to quash the terminations of Dr. Joseph M. Macarthy and Braima Koroma sends a powerful message that arbitrary actions and unfounded allegations will not be tolerated within Sierra Leone’s legal framework. This victory is not merely a personal triumph for the two lecturers but a resounding affirmation of justice, integrity and the protection of workers’ rights across the nation.
As Sierra Leone continues to navigate the complexities of its higher education sector, this case will undoubtedly serve as a precedent for ensuring that universities operate within the bounds of fairness, respect, and legal compliance. For Dr. Joseph M. Macarthy and Braima Koroma , the path ahead is one of renewed purpose and commitment, as they return to their roles at Njala University, ready to contribute to the academic landscape with their reputations restored and their rights upheld.
As the academic community reflects on this pivotal moment, there is a collective aspiration for meaningful reforms that will enhance governance and accountability within Sierra Leone’s educational institutions.
