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ACC Convicts 2 for Fraudulent Failure to Pay Custom Levy

By Foday Moriba Conteh

The Anti-Corruption Commission (ACC) has revealed that the High Court of Sierra Leone, Holden in Freetown, presided over by the Justice Alusine Sesay JSC on 2nd July, 2020, convicted Aiah Momodu, Customs Broker and of 26 Newcastle Street and Abdul S. Kabba, Delivery Clerk of Kollenten Shipping Services on the offence of Fraudulent failure to make payment of Custom levy, contrary to Section 48(1)(d) of the Anti-Corruption Act No. 12 of 2008.

The anti-graft institution furthered that Justice Alusine Sesay JSC convicted Aiah Momodu and Abdul S. Kabba  and ruled that they pay a fine of Thirty Million Leones (Le: 30,000.000/00) each, within the period of thirty days, effective the date of the Judgment or each serves a three- year imprisonment term.

It was stated by the ACC that between the 1st and 31st March, 2014, Aiah Momodu and Abdul S. Kabba fraudulently failed to pay customs levy payable on a 40 Feet Container to the National Revenue Authority in the sum of Twenty Three Million, Four Hundred and Sixty Six Thousand, Two Hundred and Twenty Two Leones, Forty Four Cents (Le23, 466,222.44).

The ACC maintained that on the other hand, Ahmed Kamara, an Officer of the Prevention Services and Special Duties Department of the National Revenue Authority, was acquitted and discharged, on the charge of Abuse of Office. It revealed that also, during the trial, the Judge had on the 28th October, 2019, ruled in favour of Ahmed Tambawa, Documentation Supervisor at the Freetown Terminal Ltd (Bollore), on a No Case Submission.

The Commission wished to reassure the general public of its relentless commitment to controlling corruption at all levels in Sierra Leone.

NATCOM Signs Six Draft Regulations

Acting Chairperson and Commissiner of National Telecommunications Commission (NATCOM) Madam Madiana Samba

By Theresa Kef Sesay

During an event that took place at the NATCOM Head Office in Freetown on 7th July, 2020 the Acting Chairperson and Commissiner of National Telecommunications Commission (NATCOM) Madam Madiana Samba signed six (6) draft regulations in a bid to fulfill the institution’s  mandate and updating necessary developments within the industry. The Director General and Senior Management staffs of the Commission were in attendance.

The National Telecommunications Commission (NATCOM) was established to license and regulate the activities of telecommunications operators to promote efficiency and fair competition, and the expansion of investment in the telecommunications sector, as well as protect users of telecommunications networks and services and support the progressive development of the telecommunications industry in Sierra Leone.

Section 82 of the Telecommunications Act (as amended) stipulates; “The Commission may, by statutory instrument, make regulations for the effective implementation of the Act. In accordance with the provisions of the Telecommunications Act, the Commission developed the following draft regulations:

1.Telecommunications Licensing Regulations 2020
2. Telecommunications Quality of Service Regulations 2020
3. Radio Frequency Spectrum Regulations 2020
4. Subscriber Identification and Registration Management Regulations 2020
5. Electronic Communications Equipment Type Approval Regulations 2020; and
6. National Numbering Resource Regulations 2020.

The regulations will now go through the normal legislative processes to become law. The Chairperson and Commissioner expressed immense appreciation and gratitude to the staff of NATCOM for having pulled this through. She furthered that the regulations would be used effectively to move the telecommunications sector in Sierra Leone in leaps and bounds in line with placing ICT in the heart of H.E President Bio’s agenda in transforming the digital landscape of the country.

 

U.S. Ambassador Donates Personal Protective Equipment to Health Ministry

By Amin Kef Sesay

Maria E. Brewer, U.S Ambassador to Sierra Leone, on July 8, 2020 presented personal protective equipment (PPE) supplies needed to protect frontline health care workers responding to COVID-19 to the Ministry of Health and Sanitation (MoHS) and the Directorate of Health Security and Emergencies.

In a Release by the Embassy it was noted that the COVID-19 pandemic has disrupted the manufacturing, procurement, and shipment of many health commodities causing worldwide and localized shortages of essential personal protective equipment. It furthered that to support the MOHS in the COVID-19 response, the U.S. Government coordinated with the UN Food and Agriculture Organization (FAO) to reallocate a stock of the PPE to ensure the safety of health care workers.

The equipment, donated by the U.S. Government through USAID, include protective goggles, face masks, micro guard overalls, white overalls, gowns, and elbow gloves.

The Deputy Minister of Health and Sanitation, Dr Amara Jambai and Chief Medical Officer, Dr. T. T. Samba accepted the donation of PPE supplies on behalf of the MOHS. The Deputy Minister of Agriculture and Forestry, Mr. Samking Koihinah Braima, also participated in the ceremony, along with the National One Health Coordinator and representatives from the UN.

It was also revealed that the U.S. is building on its record of leadership in global health and humanitarian assistance through ongoing support to those affected by or in danger of contracting COVID-19.

In Sierra Leone, the U.S. Agency for International Development (USAID) has invested $20 million dollars since 2016 through the Global Health Security Agenda (GHSA) to prevent, detect, and respond to endemic and emerging health threats, including COVID-19. USAID investments, it outlined, support the Government of Sierra Leone to increase surveillance for priority diseases, build laboratory capacity for human and animal health, and procure the essential commodities and consumables needed for these critical activities under the One Health approach.

In her remarks, Ambassador Brewer emphasized the importance of keeping our health care workers safe. She stated, “the safety of health care workers and other frontline personnel during the COVID-19 pandemic remains a top priority. Personal protective equipment will enable health workers throughout Sierra Leone to respond quickly and safely to patients in need of COVID-19 or other essential care”.

In addition to this emergency assistance ,it was stated, the U.S. works in close partnership with the Government, implementing partners and citizens of Sierra Leone on a range of programs to improve health outcomes by minimizing the spread of diseases and strengthening the response to outbreaks of infectious pathogens.

MoPED Orientates 10 Focal Persons of Govt. Institutions on Performance Management

By Amin Kef Sesay

The Ministry of Planning and Economic Development, on the 7th July 2020 has engaged focal persons from ten (10) Government Departments, Agencies, Parastatals, Commissions and State-Owned Enterprises in a one-day orientation seminar to help them accelerate effective service delivery in 2020 and beyond.

The seminar, among other things, focused on the performance management process; result-based performance outcomes and indicators including the verification and streamlining of deliverables for Government departments, agencies, commissions and state-owned enterprises as presented in the 2020 budget vis-à-vis their strategic plan with the Medium-Term National Development Plan (2019-2023). The seminar was also geared towards agreeing on quarterly targets, and next steps to accelerate service delivery. The seminar for the institutions would be in batches while the individual level engagement continues simultaneously, so as to observe the COVID-19 social distancing measures.

Welcoming the participants, the Development Secretary, Peter Sam-Kpakra said the seminar was a continuation of the first presidential seminar, which the Office of the Chief Minister organized for heads of institutions, at the Bintumani Conference Centre on the 25th February 2020, where His Excellency President Julius Maada Bio recognized the important role and contribution of commissions, parastatals, agencies and state-owned enterprises to the achievements of his New Direction Agenda and declaring 2020 as the Year of Accelerated Service Delivery.

In his opening statement, the Minister of Planning, Dr. Francis Kai-Kai said that the process was to ensure that they were clear on their deliverables and got them to deliver on their targets in this Year of delivery and beyond. He said the work of the Government institutions were critical to each of the eight (8) clusters of the MTNDP (2019-2023), which encapsulates the aspirations of Sierra Leoneans and also brought together President Bio’s manifesto commitment in changing and transforming the lives of ordinary Sierra Leoneans.

Dr. Kai-Kai said even though with the impact of the COVID-19 pandemic in the country, the President was determined for things to happen quickly and ensure that some amount of progress was achieved in 2020 and beyond. He re-echoed President Bio’s appeal to the participants to focus on delivery in 2020.

“We want to see what you are supposed to deliver on and see whether you’ve delivered. The deliverables should be your focus especially for 2020 and this should be consistent with the MTNDP 2019-2023. The session would be practical and tell you how to arrive at those deliverables for your respective institutions,” said Minister Kai-Kai.

Dr. Kai-Kai continued to emphasize on the need for Government parastatals, commissions and state-owned enterprises to provide effective service delivery to the public.

During the presentation, Dr. Robert Moikowa, the Director of Service Delivery and Performance Management demonstrated the performance management process, target-setting: verification and streamlining of deliverables; monitoring performance outcomes and the tools of the performance tracking tables, among others. Dr. Moikowa emphasized that the outputs of Government Departments and Agencies efficiently contribute to the implementation of Government policy objectives; supporting Lives and Livelihoods and the effective implementation of the National Development Plan.

The Senior Director- Program Development and Quality Assurance from NaCSA, Dr. Susan Roberts while thanking the Ministry for convening the engagement, noted that the process would bring useful change and vital exchanges to service delivery processes in their various sectors. She said the endeavour was very significant for their institutions and they were looking forward to achieving their targets in 2020 and beyond.

Other dignitaries present included, the Deputy Development Secretary, Umaru Conteh, the Deputy Director-General, NASSIT, Emmanuel Gondoe among others.

WELTHUNGERHILFE Celebrates International Cooperatives Day

By Tamba Borbor

Welthungerhilfe fondly called WHH through its Pro-Resilience Action 2015 (ProAct 2015) Project has on Saturday 4th July 2020 celebrated International Cooperatives Day. The United Nations-designated Day celebration took place at the Ministry of Agriculture and Forestry Hall in Koidu City, Kono District with the theme: “Cooperatives for Climate Action.”

In his opening remarks, Alusine Bangura, the Administration and Finance Officer of the Environment Protection Agency (EPA) explained that all farmers have a responsibility to fight climate change which makes the celebration worthwhile.

“Cooperatives are a backbone to national development and if you don’t have a good climate, it affects productivity,” Bangura stated; adding that it is very important for people to be sensitized and their awareness raised about the urgency of protecting the climate.

The Chief Administrator of the Kono District Council, Mohamed Marah noted that the issue of the environment falls under the most important responsibilities of his office. “We are all awre of the devastation caused by climate change in the world and surely agriculture would not thrive without a better environment,” Marah stated; adding that as the world develops so does issues of climate change become a challenge.

Representing the Produce Monitoring Board, E.G. Bangura stressed that ensuring the best of quality cocoa and coffee is exported is one of their sole responsibilities while urging the farmers to pay heed to issues affecting the environment.

Komba Issa, the Chairman of Kasayatama Cocoa Farmers Cooperative acknowledged that with adverse environmental conditions, their annual yields would be significantly affected.

He thanked WHH ProAct 2015 for the continued support to the agricultural sector in the country especially those farmers involved in cocoa and coffee.

“With the interventions of WHH ProAct 2015, we have acquired new skills which have resulted in better production,” Issa stated.

Aiah Brima, the Chairman of the Fiama Cooperative profusely thanked WHH ProAct 2015 for developing the capacity of Cooperatives in Kono District. On the theme of the celebration, Brima noted that they as Cooperatives are fully aware of the challenges posed by climate change to the survival of their cocoa and coffee business. He vowed to encourage members of cooperatives to take significant action in tackling threats posed by environmental issues.

Kadija B. Brima, the Charlady of Yormata Cooperative stated that women are greatly challenged in the agricultural sector while the changing climate creates unpredictable yields. She acknowledged the tremendous impact of WHH ProAct 2015 project on their livelihoods.

“WHH has empowered women in Kono District and embolden us to stand side by side the men in this sector and life,” Mrs. Brima stated; adding that traditional agricultural practices are significantly affecting the environment.

The Yormata Chairlady also thanked WHH for teaching them how to save money locally as members of cooperatives to prevent arduous challenges in seeking Bank loans.

In his Keynote address, the District Extension Officer of the Ministry of Agriculture and Forestry, Bai-Ingha Bangura praised WHH ProAct 2015 for the ongoing intervention in the agricultural sector in Sierra Leone. He noted that human activity is responsible for prevailing challenges faced with the environment.

“It is laudable on the part of WHH for bringing members of Cooperatives together in discussing about climate change,” the District Extension Officer said.

Mr. Bangura highlighted some of the chemicals and activities that destroy the environment and affect the climate.

“Climate change impacts on four pillars of food security namely, earlier or late rains, new diseases and high temperatures,” Bai-Ingha Bangura stated. He urged all in the agricultural sector to be mindful of the effects of climate change and act accordingly to save the world.

The International Cooperatives Day celebration attracted key players in the agricultural sector in Kono District including Cooperatives, Produce Marketing Board, Sierra Leone Traders Union amongst others.

The United Nations International Day of Cooperatives is celebrated annually on the first Saturday of July with the aim of increasing awareness on cooperatives, highlight the objectives of the UN and the international Cooperative Movement, underscore the contributions of the movement to the resolution of major problems addressed by the UN and strengthen and extend partnership between the international cooperative moment and other actors.

3 New Brigadier Generals Decorated

By Amin Kef Sesay

On Wednesday 8 July 2020 President Bio decorated three newly promoted Brigadier-Generals of the Republic of Sierra Leone Armed Forces, RSLAF, during a ceremony held at State House.

The three military officers were Albert Sylvester Bockarie, Amara Idara Bangura and Abdulai Berber Jalloh.

President Bio, in a brief statement, congratulated the new Generals, saying that they had worked very hard to be promoted to the new rank, stating that it also means that they have additional tasks with huge expectations.

The President expressed hope that they would rise up to the occasion and serve the RSLAF and the people of Sierra Leone to the best of their abilities.

Brigadier-General Albert Sylvester Bockarie, who spoke on behalf his colleagues, registered their thanks and appreciation while recognizing their well-deserved promotion in the military hierarchy.  He also thanked His Excellency the President for his wisdom and dynamic leadership exercised upon the RSLAF and assured that they would work to meet the expectations of the Force, the Government and the People of Sierra Leone within the framework of their constitutional mandates.

WHH ProAct 2015 donates to KDC & Vulnerable Groups

By Tamba Borbor

European Union-funded Welthungerhilfe ProAct 2015 project has donated handwashing soap to the Kono District Council and vulnerable groups in the Koidu Municipality, Toli and Lei Chiefdoms in the Kono District.

Speaking at the handing over of 40 cartoons of to the Chairman of the Kono District Council, thee Senior Field Officer of WHH ProAct 2015, Tamba Gbondo gave a brief background on the rationale for the donation during the coronavirus pandemic.

“As the country is faced with this pandemic, our project has decided to intervene to help address the challenge of unavailability of large quantity of handwashing soap faced by the Council. We believe that the virus is mostly spread through unclean hands,” Gbondo said.

Receiving the soap, the Chairman, Kono District Council, Solomon Gbondo thanked WHH ProAct 2015 for the assistance and promised it would be used for the intended purpose.  He acknowledged the intervention of the project in distributing soap and other hygiene materials to the border communities of Kono district to help stem thee spread of the coronavirus.

At the Sefadu Correctional Center, the Officer In charge of thee center, Alusine Kamara noted that unavailability of soap for the inmates and management of the Correctional Centre was a huge challenge and that with this intervention from WHH ProAct 2015 they are now in a better position to help fight the virus. He appealed for further assistance from WHH to ameliorate their challenges in managing thee centre.

The Acting Head Teacher/Principal of the Koidu School for the Blind, Philip Sesay while receiving 25 cartoons of  handwashing soap to fight covid-19 from WHH ProAct 2015 expresseed joy and relief for what he called “a timely donation” to the school.

“We have been longing for such a donation and thankfully WHH has come to our rescue in this crucial time of the coronavirus pandemic,” Sesay stated; adding that they would surely ensure the proper use of the soap.

The Chairlady of the Polio Association of Kono District- Hawa Marah expressed appreciation to WHH for donating 25 cartoons of soap to her association at a time when handwashing is key in the fight against covid-19. “We are very happy and thank you for the donation which would help us physically-challenged people at this time when the coronavirus is raging around the world and in our country. We would make sure every member benefits from this,” she further stated.

Saffea Joseph Konah, the Chairman of the Amputees and War-Wounded Association of Kono District in full praise and appreciation of WHH’s intervention at such a crucial time of a fatal pandemic, stated that thee donation could not have come at a better time for them.

“We cannot thank you more but pray God blesses you as an organisation and individuals for such a humanitarian gesture in protecting us from this deadly virus which has claimed more lives around the world and in our country,” Saffea expressed.

Similar donation was done in the border communities of Toli and Lei Chiefdoms of Kono District by the EU-funded ProAct 2015 Project in their continued drive to complement the Government’s efforts in tackling the coronavirus head-on.

Pres. Bio Launches One-Stop Centres

President Julius Maada Bio

By Amin Kef Sesay

In line with the Government’s commitment and reliable support in fighting sexual and gender-based violence in the country, His Excellency President Maada Bio has on Thursday 9th July, 2020 launched One-Stop Centres which will provide one-stop locations for multi-sectorial response services that support survivors of rape and Sexual and Gender-Based Violence (SGBV).

“I am proud that we are early adopters of the concept in Africa. We are the second country to adopt One Stop Centres for SGBV response and one of only nine countries in the entire Africa. I am pleased that the six pilot centres will provide one-stop locations for multi-sectoral response services that support survivors,” he said.

He said he was particularly happy to learn that the initiative would ensure confidentiality while offering psychosocial counselling, free medical examination and treatment, legal support, and access to safe homes and other referral pathways.

“I acknowledge the recent media furore over the establishment of a Presidential Task Force to advice on rape and SGBV. At a point, it was a good idea. But the issue of SGBV is so serious that an ad hoc, problem-solving approach is inadequate to address its full implications for inclusive and equal rights, inclusive education and health, inclusive and equal access to opportunity, and inclusive development.

“So late in 2019, I decided instead to set up a stand-alone Ministry of Gender and Children’s Affairs with focused political leadership and a full complement of professional staff who would advise the presidency and national government on gender, draw up appropriate legislation, coordinate partnerships, collaborate across ministries and with international and local partners, engage community stakeholders, make and implement policies, monitor and evaluate programmes, and do even much more. This is far more than an ad-hoc advisory task force,” he recalled.

President Bio further noted that even with the myriad of problems they tackled head-on every day, government’s focus was to provide a more permanent fix for SGBV because the future of the nation depended on women, constituting 51 per cent of its population.

“We want to make it easier for survivors to receive the highest quality of medical treatment and care, psychosocial support and rehabilitation, and simplified access to justice. So the standard operating procedures should reinforce productive professional relationships among staff from various sectors. Services must be coherent and of the same standards at all times and the centre must be truly one-stop in organisation and operation.

I am also pleased with the supportive monthly monitoring and supervision model proposed by the ministry. As I have noted, be assured (development partners, Ministry officials, staff, fellow citizens) that my Government will continue to fully support all progressive legislation and policies on SGBV. ONE STOP CENTRES I expect that the Ministry of Gender and Children’s Affairs will sustain engagement with development partners and various sectors of government on maintaining inclusive management committees for these One Stop Centres. Those committees, I would expect, will maintain standards of care, advice the Ministry and Government where necessary, and support effective operations at the centres,” he intimated.

Minister of Gender and Children’s Affairs, Manti Tarawalli, said that the ultimate goal of the centres was to ensure that survivors no longer had to go to the police stations to report cases of SGBV, adding that that singular action would improve on the quality of statement and set the stage for thorough investigations.

Executive Director for UN Women, Phumzile Mlambo-Ngcuka, commended the President and Government of Sierra Leone for the launch of the initiative, saying that it was another step that marked progress. She said the centre was a clear indication of the urgent need to tackle rape as a weapon of war against women and girls. She also thanked the President for his efforts to make sure that perpetrators faced the law.

UN Resident Coordinator, Sunil Saigal, congratulated the government for the development in the middle of a difficult situation. He said that the establishment of the facility had been a pressing priority in the efforts to improve on the conditions of women and girls in the country, including addressing the need for access to justice, medical, legal and other support for survivors of sexual and gender-based violence.

He noted that the move was one of several important initiatives that had been taken by the government to address issues of women and girls and assured of UN’s support to the prevention of women and girls against all forms of violence in the country.

Holding the Office of the AG Accountable for Wrongful Prosecutions

Basita Michael  LLM BL

By Basita Michael  LLM BL, Barrister-At-Law

“Not Guilty.” Two powerful words spoken by the foreman of the jury that brought a sense of relief and feelings of vindication to three accused persons in the recently concluded treason trial. In the case of the first accused, Alfred Palo Conteh, those words were uttered fourteen times. He was found guilty on two counts, viz keeping a greater number of small arms than is specified in a licence and having a loaded small arm in a public place.

Although he was sentenced to 24 months in prison, this was a stunning victory for the defence team. In a country where the Government rarely lose any cases, the Jury’s verdict left many shocked and flabbergasted. The decision made many lawyers who were critical of jury trials rethink their position.

From the onset, it was clear to many that charging Palo Conteh for treason was an overkill. Many felt that partisan political considerations tainted the prosecution. This is by no means new in Sierra Leone. One only needs to read Aminata Forna’s ‘The Devil That Danced on the Water’ to get a firsthand account of how her father, Mohamed Sorie Forna, was framed, tried and executed on trumped up charges of treason. Our history is littered with many highly questionable convictions for treason. Many continue to ask and deliberate upon what needs to be done to prevent a recurrence of this sad, unfortunate and tragic practice.

A question posed to me the other day by a layman was whether the two accused persons,  Saa Anthony Sinah and Prince George Hughes, who were found not guilty on all counts would be compensated. Article 9(5) of the International Covenant on Civil and Political Rights (“ICCPR”) provides, “Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.”

Article 14(6) of the ICCPR confers a right on victims of wrongful conviction, which is subsequently reversed or pardoned on the discovery of facts establishing conclusively that there has been a miscarriage of justice, to be compensated according to law. Sierra Leone ratified the ICCPR in August 1996, yet we have failed to provide any domestic legislation for rehabilitation and compensation of victims of wrongful/ malicious prosecution and incarceration. Instead, we still have in force the Law Officers Act 1965 as amended in 1972 deems that the Attorney-General and Minister of Justice and all Law Officers are deemed to be acting in good faith unless the contrary is proved.

There are a number of key questions that need to be considered. What principles guide the discretionary powers to prosecute a case? What measures can be put in place to ensure accountability in the use of prosecutorial discretion? Should the exercise of prosecutorial discretion be subject to judicial review to protect it from abuse and political interference? What checks and balances can be put in place to avoid abuse by the office of the Attorney-General and Minister of Justice? It is clear that the Attorney-General and the DPP need to enjoy prosecutorial discretion. It is necessary and important. However, such discretion must be exercised judiciously and not in an arbitrary, fanciful, oppressive, malicious or vexatious manner.

Separation of the office of the Attorney-General from the Minister of Justice

A meaningful way to address the issue regardless of who occupies the office is to ensure that the Attorney-General is insulated from partisan political interference. As the principal legal adviser to the Government, the Attorney-General is expected to be the guardian of the public interest. He does not and should not represent the Presidency or a political party. He should be independent. He must act independently of partisan interest in the exercise of their functions to initiate, continue or terminate prosecutions.

In addition, Section 66(6) provides that the Director of Public Prosecutions shall, in all matters including his powers under this Constitution or any other law, be subject to the general or special direction of the Attorney-General and Minister of Justice. The DPP institutes, conducts and supervises criminal prosecutions and related proceedings. S/he must always act with fairness with the objectives of establishing the whole truth and ensuring a fair trial. He prosecutes and not persecute.

In other jurisdictions, the DPP is completely independent, but in Sierra Leone, since the office of the DPP is subject to the direction and control of the Attorney-General and Minister of Justice, this could be a source of political control that interferes with the office’s independence and undermines its impartiality.

To enhance the independence of the office, the Attorney-General’s Office should be separated from that of the Minister of Justice consistent with the recommendation of the Truth and Reconciliation Commission (TRC) and the Constitutional Review Commission (CRC). As the TRC notes, ‘the Attorney General should be the Chief Law Officer of the State and should enjoy security of tenure of office.” In its final report, the TRC recommended that ‘the prosecuting authority must exercise its functions without fear, favour or prejudice.

The rule of law requires that prosecutions on behalf of the State be conducted fairly and reasonably.  The decision to prosecute or not must not be motivated by improper and political considerations, but by the public interest and the need for justice. The Attorney General acts as the “guardian of the public interest” and has extensive powers with regard to the initiation, prosecution and discontinuance of criminal proceedings. The Attorney General must also provide legal advice on matters of public administration and Government to the executive. Clearly, the Attorney General must exercise his or her functions impartially and be free from political influences.

While the Office of the Attorney General and that of the Ministry of Justice remains merged, the incumbent can never be expected to act independently.’ Nothing could be more dangerous to our democracy and bring greater disrepute to the administration of criminal justice than to see politics playing a dominant role in the handling of criminal prosecutions. In addition, the appointment of the Attorney-General must also be depoliticized.

Judicial Review

Subjecting prosecutorial discretion and the Attorney-General’s nolle prosequi power to judicial review could also be another reliable safeguard against abuse and even mistakes by the Attorney-General and the DPP. Many ordinary citizens caught up in the criminal justice system, and who become victims of negligent or deliberate decisions by the Prosecution must be protected from abuse and deserve to seek redress in court to hold those responsible for the abuse and arbitrary exercise of their powers if they can prove that it was done in bad faith.

Vesting the courts with such power will serve not just the interests of the individual affected but also the public interest to ensure that cases are appropriately instituted and prosecuted. No one is and must be above the law. The Attorney-General, the DPP and all other Prosecutors are no exception. The continuous lack of accountability for their actions or inactions must end if the office is to regain public trust and confidence in their impartiality. Shielding them from accountability and liability for abuse strikes at the very fundamental principle of equality under the law.

Adoption and Publication of Guidelines

Currently, the prosecutorial function by the Office of the Attorney-General and Minister of Justice and other Law Officers and the Police is shrouded with secrecy lack of transparency and accountability. We are, however, leaving in an era where secrecy in public affairs is no longer the vogue. Greater transparency and accountability are the order of the day.

The adoption and publication of the rules and regulations that guide discretion will be a valuable step to render the exercise of prosecutorial discretion open transparent and accountable. The UN Guidelines on the Role of Prosecutors provides that ‘In countries where prosecutors are vested with discretionary functions, the law or published rules or regulations shall provide guidelines to enhance fairness and consistency in taking decisions, including institution or waiver of prosecution.’ The current code of conduct for law officers must also be reviewed and brought in line with the UN Guidelines.

Conclusion

As the principal legal adviser to the Government, the Attorney General and Minister of Justice plays a critical role in ensuring impartiality and fairness of the administration of criminal justice. The UN Guidelines urges them to “perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system.” It is high time that the State stop disregarding the plight of such victims of wrongful prosecution.

An important legal maxim is ‘Ubi jus, ibi remedium’ – where there is a right, there is a remedy. In other words, there is no wrong without a remedy. The State must provide compensation and rehabilitative measures for victims of wrongful or malicious prosecution. Although the new Attorney-General and Minister of Justice has his work cut out for him, he should institute the constitutional, legal and institutional reforms needed to make this happen. Fīat jūstitia ruat cælum (Let justice be done though the heavens fall.)

SECON/CSE Break Ground on World Bank Funded Project in Mudslide Affected Areas

By Theresa Kef Sesay

It was reported on Wednesday 8th July 2020 that a Pan African joint venture, CSE/SECON, has taken over  the site for the commencement of the implementation of the Freetown Emergency Recovery Project in the Western Area after emerging as the successful bidders of a National Competitive Bid (NCB) No: SL-MoFED-149753-CW-RFB, and the eventual signing of a contract agreement with the Ministry of Finance for the execution of the project, which is funded by the World Bank through the Project Management Fiduciary Unit (PMFU) of the Ministry of Finance.

The essence of the project is to rehabilitate the roads that were affected by the August 14th 2017 mudslide with a view of re-establishing connectivity and accessibility to those affected communities such as: Kaningo, Motormeh, Regent, Kamayama, Moyiba, Juba, and the Grafton areas.

The event was chaired by the head of the Project Management Fiduciary Unit (PMFU), Alpha Sesay, and drew speakers from the community, relevant Government agencies and representatives of development partners.

The Project Coordinator, Engineer Neilford Rose assured the contractors and the community of the availability of funds for the project.  He said the World Bank and the Government of Sierra Leone have provided 81% of the needed funds for the project to ensure that it does not get financially choked at any point of the project’s life cycle. For his part, the Director of Planning at the Sierra Leone Roads Authority, Engineer Vandy French, expressed an unflinching faith in the contractor’s ability to execute the project well and on time based on their experience and capacity.

The CEO of SECON, Parpah Chendeka expressed his company’s profound honour to be part of the rehabilitation of the infrastructures of these communities. “During the August 14th tragedy, SECON was one of the first responders to the epicenter of the mudslide with machines and personnel. Therefore, it gives me great honour that our company is now playing a part in the rehabilitation of these communities,” he said.

He further dilated on his company’s partnership with CSE, saying “as an indigenous construction company, we are proud to stand shoulder to shoulder in partnership with our brothers from Senegal, CSE, to present a Pan African joint venture for the execution of this all too symbolic project”.

The Minister of Finance, Hon. Jacob Jusu Saffa, said that the construction and rehabilitation of these bridges are long held ambitions of President Bio even before he was elected. “The President saw the devastation caused by the 2017 mudslide and vowed then that he will rehabilitate these roads when he becomes President,” he stated and related the construction of the Kaningo Bridge to Human Capital Development, saying “by connecting Kaningo to the rest of the Lumley area through this bridge, it becomes easier to transport the sick to nearby hospitals; our children can get to school quicker and safer”.

He also said that the construction and rehabilitation of these roads will also ease the traffic burden at the Lumley/Juba area as he intimates that Government will do all in its power to complete the approaching roads to the bridge.

This project is the first joint venture between Secon, a leading indigenous construction company and CSE, the Senegalese regional construction giant. Both companies are currently engaged in the execution of individual multi-million dollar projects in the Western Area and are highly experienced as well as capacitated.

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