The Rokel Commercial Bank recently held its 46th Annual General Meeting (AGM) to adopt various resolutions, policies and the bank’s financial reports for the years, 2016 and 2017. Throughout the deliberations, it became apparent that shareholders who had over the years been despondent over the bank’s inability to make profits were now only asking for dividend payments.
Clearly, the amplified calls from the shareholders for profit sharing could have sounded like mere phantasmagorical conjectures had the Management not embraced and implemented the transformative benchmarks conceived and supported by Government. No one would have been talking about dividend payment if the bank had failed to make profit. And as one of the shareholders puts it; “We no longer have any doubt in the bank’s ability to make profit…we are quite pleased with the rapid transformation but we are also looking forward to the payment of our dividend…..” Therefore, when the Managing Director, Walton Gilpin assured shareholders of an imminent dividend payment to shareholders, it became obvious that the bank’s financial statements shall only continue to show an upward trajectory.
Rokel was the second most profitable bank in 2017 with a LE62.7 Billion Profit (after tax). Such a significant leap cannot be unconnected to the efforts of its selfless Managing Director and Management team. Gilpin and his team had defied the odds to institute meaningful reforms including the rolling out of an aggressive marketing strategy which had invariably succeeded to regain public goodwill towards the bank and increased its deposit base by 9%. In 2017, Rokel Commercial Bank became the most decorated financial institution with 17 Awards in a single year from credible local and international organizations.
Gilpin, a consummate professional economist has worked in over fifteen countries in Africa and the Caribbean after nurturing his skills at the Bank of Sierra Leone. His bi-partisan disposition may not give him all the friends he needs but he has proved himself as a game changer – one whose intellect and work ethics can be used to inspire our younger generation. Staff morale at the bank is reportedly at its highest in 18 years as a result of an open-door policy as well as innovative staff welfare promotion efforts. Outside his professional work, Gilpin had since 2008 utilized parts of his hard-earned income to fund the GEED Foundation which he established to provide better livelihoods for disadvantaged women and children across the country including his paternal home, Bonthe and Benguema, Port Loko and Tonkolili.
“The bank has recorded a 10% growth in the size of its balance sheet significantly in the deposit. Investment securities grew by Le 171BN (51%) as a result of the moratorium on loans and overdraft. Our deposit increased by 63 Bn (9%) due to aggressive marketing and efficient operations,” stated Abubakarr Jalloh, the Chairman of the bank’s Oversight Committee.
Rokel Commercial Bank is poised to regain its iconic status in the country’s financial sector and contribute to the New Direction’s drive for sustainable economic growth. In the same vein, it has carved a niche for resilience which other financial institutions can learn from. The transformation has been phenomenal, and with Government’s unwavering commitment to sanitize the banking sector, Rokel is set to blaze the trail for indigenous banking in Sierra Leone.
The Rise and Rise of Rokel Commercial Bank
NP Remains Sierra Leone’s Pride
It has been widely agreed and endorsed that the National Petroleum (NP) Company definitely falls within the category of one of Sierra Leone’s successful indigenous companies. NP, many will attest, has been hugely contributing towards overall national development particularly in the areas of job creation, timely payment of taxes to Government via the National Revenue Authority (NRA) as well as the steady and meaningfully rolling out of its Corporate Social Responsibility that are positively impacting lives.
Indeed, if it has taken quite a considerable period of time since this country has not been experiencing fuel shortage then such could be largely attributed to the pro-active and sterling initiatives that the Management at NP has been executing with regards timely procurement of the petroleum product and making it available on the market for public consumption.
Without holding any brief for NP, it is highly commendable for a well-established and result-producing company like NP to have ascended to such an enviable position especially when cognizance is taken of the fact that it is exclusively owned by Sierra Leonean shareholders, a typical testimony of how local entrepreneurs could raise the bar high.
Interestingly, the members of staff referred to were workers of the former British Petroleum Company, an entity that later decided to sell its shares to the Government of Sierra Leone at that material period of time.
Things took another dimension when in 1996 the Government sold its 60% shares in NP to some members of staff who were working for the company. Again it was made known that 55 % was paid upfront from the end of service benefits of the workers from BP and the 5% offered to all the other workers. Thus the company known as LEONEOIL was born.
The 55% sale of Government shares to NP came as a result of the World Bank’s advice to privatize the latter. It was also revealed that among the 4 companies that bided, which included ELF, LEONOIL won the international competitive bidding conducted by Arthur De Little, a United States based Management consultancy firm hired by the World Bank.
It could be recalled that the World Bank, which advised Government to privatize NP, monitored the bidding process for the three international companies and one local company that competed culminating to LEONEOIL, which metamorphosed to NP, meeting all the set criteria.
Economists this medium had the privilege to talk with noted that the aforementioned members of staff were indeed serious enough to properly manage the company to such an extent that, unlike others, it survived most of the challenges that it had been encountering throughout the years it has been in existence.
Digging into the historical background of NP, in a bid to give readers the opportunity to see how it has become so successful, it came out glaringly that the 40% PMMC’s stake in the company, owned by the late Jamil Sahid Mohammed and Tony Yazbeck, was given as collateral for a loan from a Bank by one of the parties.
The controversial and highly influential ,Jamil Sahid Mohammed, later sold to Cape Oil PMMC’s 40% shares to offset a fidelity loan but LEONE OIL took was not satisfied with that move and took the matter to court saying it was in violation of the M and A which dictates that the other side has the first option to buy. The outcome of the matter was that the High Court gave judgement in favour of Leone oil.
For reasons best known to them certain individuals have been peddling rumours that NP has a monopoly over the petroleum market in the country but such have been proven to be very baseless and misleading as it is factual that there are other Marketing Companies marketing petroleum products that are registered with the Petroleum Agency.
It is worthy for readers to know that Petro-Leone is a storage company developed by both Addax and Leone Oil so that petroleum products will always be available in the country and avert shortage. Experts further state that if such a venture is disrupted the country will relapse to the former state of shortage of fuel and long queues will once more re-surface across the country causing a lot of inconvenience and national hiccups.
Currently, NP has filling stations in different parts of the country and is even operating in other locations in neighbouring Liberia offering various economic opportunities.
Without any exaggeration one can safely conclude that the National Petroleum is on the right track and deserves a pat on the back. It is but advisable for other Sierra Leoneans to follow the sound footstep of NP instead of us wholly and solely depending on foreign investors to lubricate our economy.
Housemates Salone in Tense Encounter
In the ongoing Housemates Salone Competition, organized by Africa Young Voices (AYV) and Africell, there are presently 20 Housemates in the House in the wake of last Sunday 24th February 2019 eviction of 2 Housemates. Candidly, the TV Reality show is heightening and it is becoming more and more interesting and viral bagging widespread appreciation and commendation from different quarters in and out of the country.
This rather unique event is now the talk of the town. AYV and Africell’s Housemates Salone 2019 has earned the name of an epitome of Reality.
The primary focus of the aforementioned organizers is providing a platform for the young male and female competitors to display exemplary God-given talents which should be so captivating to lure viewers to vote for them through the Africell Cell Number 5500. What would determine the position that the various contestants will individually occupy largely depends on the percentage of votes that each will scoop from viewers.
Another objective is geared towards youth empowerment by availing these young people the opportunity to learn new skills to equip them for a successful future.
The show will also serve as a platform that will not only build ties, strengthen relationships, empower youths and showcase talents, but will spring surprises unprecedented in the history of Reality TV shows.
These 20 Housemates are expected to display strong language, nudity and humour for the attractive prize of Le100, 000,000 but for each day a Housemate stays in the House he or she is entitled to receive Le100, 000.
With the huge and electrifying momentum that the Housemates Salone is ascending it has currently become the widely talked about event in the country and has indeed gone viral. Workers, school pupils, students, market women and traders are heatedly discussing it in different circles, even in Ataya Bases, with candour and varying views.
Sustained investigations cum research mounted in different parts of the country revealed that the majority are really commending the organizers of the TV Reality Show, African Young Voices (AYV) and Africell for packaging and rolling out what they described as a very extra-ordinary and breath-taking entertainment show.
Indeed, the House is getting hotter as the competitors are tensely battling to ultimately emerge as the winner to bag the Le100,000,000 that is at stake.
But what is so good about rolling out this show is that it has really exposed all the participants and there is the probability that people cum investors could be interested in making use of their talents, be it in the music, acting, film industries or in modelling.
“This 2019 Housemates Salone Reality Show truly depicts inclusiveness as the Housemates are not only drawn from residents in Freetown which is indeed in the best interest of national cohesion,” Memunatu Turay, a Secretary in one of the insurance companies in the country intimated frankly adding that it has indeed put the country on the international spotlight which is very good within the context of rebranding its image.
Brewery New Energy Drink On Mass Sampling
Sierra Leone’s darling brewing company, the Sierra Leone Brewery Limited (SLBL) has done it again. With an expert research team; the SLBL has been able to introduce its newest product TRENK, the first ever dark malt + energy drink in the world brewed to the highest quality.
In a bid to give consumers a taste of this first ever combination of dark malt and energy drink unrivalled in the world, the Brewery is rolling out mass sampling of this wonder drink, an exercise which started in Waterloo, will embrace Allen Town from the 22nd to the 28th February 2019 at 10.00am. This sampling is being done in the various areas on a weekly basis.
On the 1st to the 7th March 2019 at 10.00am, it will be the turn of the giants of the East; from Calaba Town to Up-Gun, from the 8th to the 14th March 2019, residents in the center of town, from Kissy Road to Syke Street will also experience the unique taste of nourishment and vitality of Sierra Leone’s iconic drink, the TRENK.
From the 15th March 2019, consumers in Western Freetown (from Congo Cross to Goderich) will have a taste of this dark malt energy drink.
Sierra Leoneans can now be proud to have a locally produced energy drink, brewed to international standards by its own brewery.
The Sierra Leone Brewery Limited is one of the oldest companies that have been operating in this country and it is still vibrant. Sierra Leone Brewery Limited planted its roots in the field of manufacturing alcoholic and non-alcoholic beverages to consumers over 57 years ago. The company has continuously expanded its product range through innovation to meet customer satisfaction at all levels. Their Mission is to establish not just a contractual relationship with stakeholders but to build relationships which are lasting and rewarding to the country and to contribute to the growth of the Gross Domestic Product GDP.
All their products are certified and following all the regulations as per approved local and international standards. SLBL manufactures Star Beer, Mutzig Premium Beer, Guinness Foreign Extra Stout, Salone beer and Maltina Non-Alcoholic. They also market Heineken Beer, Strong Bow Cider, Fayrouz malt none alcoholic drink, Royal Club range of soft drinks and Climax Energy Drink.
Youth Against Corruption Vows to join in Corruption Fight
One of the pressure groups operating within the country, Youth Against Corruption Sierra Leone (YAC-S) with its motto Honesty Integrity and Transparency during a Press Conference convened on the 25th February 2019 at the Ministry of Youth Conference Hall strongly pledged its support for the Anti-Corruption Amendment Act 2019 for A Zero Tolerance on Corruption in Sierra Leone. Present among those who were in attendance were Public Relations Officer of the ACC, Margaret Murray, Deputy Commissioner of the National Youth Commission, Emerson Kamara, Hon. Sallieu Mustapha, MP for Constituency 195 in Moyamba, representatives from civil societies, various youth groups and the press. The Deputy Minister of Youth Affairs, Lusine Kallon served in the capacity as the Guest Speaker.
Speaking during the meeting, the Deputy Minister of Youth Affairs, Luseni Kallon told his audience that public officials and their private sector collaborators involve in corruption can be described as “mass murderers”. He stressed that they are killing millions of people through their unpatriotic and evil practice. Their activities have stifled growth in various sectors, adding that monies meant for drugs, roads, hospitals, schools and public security were siphoned/stolen away, thereby depriving citizens of these amenities.
He praised the youths for this campaign, which he said will raise the awareness among their peers and other Sierra Leoneans about the dangers of corruption and moves made by the Government to fight it. He further observed that the appointment of an erudite personality like Francis Ben Kaifala Esq. as the new ACC boss. This move, he said, further buttresses the point that the future of the country lies in the hands of youths. He appreciated the patronage of the meeting by so many youths and encouraged them to be steadfast in the fight against corruption.
The Youth Affairs Deputy Minister called on all the youths of this country to take the lead in the fight against corruption underscoring how the youths are the key agents for social change, key agents for economic growth, key agents for sustainable development . He furthered that Sierra Leone is in the hands of the youth and they must step forward and contribute meaningfully towards national development. Kallon noted that what they do today reflect on the society tomorrow.
The Executive Director of the organization, Sheku Koroma (Miracle Seer) , maintained that YAC- SL was formed due to citizens’ concern about the rising levels of corrupt practices in the country.
He intimated how the organization is a youth-based entity founded and steered by a group of youth activists across Sierra Leone who believe that the fight against corruption is everyone’s responsibility i.e. both old and young.
“Everyone’s contribution is critical however small it might seem. These youth have pledged zero tolerance to corruption to their country and influence their peers to follow suit,” he highlighted.
According to him YAC -SL seeks to promote the culture of integrity, transparency, accountability and prevention of corruption and its consequences.
The organization founders, he furthered, strongly believe that the youth’s engagement in this Anti-corruption fight will make the dream of a “corruption-free” a generational reality.
“This will further increase the youth involvement in defining solutions to various problems our societies are facing; something vital for continued development of the societies in which we all live,” he averred.
Youth Against Corruption is a Civil Society Organization that operates as a partner with the Anti-Corruption Commission to fight against any form or act of corruption within the length and breadth of Sierra Leone. On that premise, the organisation wants to champion and establish the need why the Anti-Corruption Commission on it Amendment Act 2019 Bill must be supported, it was pointed out.
During the Press engagement he highlighted that the new amendment bill will enhance and strengthen the Anti-Corruption Commission to fully undertake it prerequisite reason for existence in the fight against corruption. The new proposed Bill is scheduled to be debated in the Well of parliament on today, the 27th February 2019.
The proposed Bill makes provisions to look at the pit-holes within the current Act of 2008 in terms of: convicted person (s) to pay lesser fines compared to the offence committed, lesser jail terms for convicted person (s), protection of Anti-Corruption Commission witnesses from accused person (s) taking action against them in the court of law, increase of fine and jail term for impersonation of Anti-Corruption Commission officials.
The organization stated that the fight against corruption is all and sundry regardless of different political backgrounds, tribes or different part of the regions people are coming from.
“We must, as a country, join the fight against corruption and help eradicate corruption from our country,” he enjoined
Speaking on behalf of the ACC boss, Madam Margret Murray, Public Relations Officer of the Commission, disclosed that an amendment to the ACC Act of 2008 has been prepared and sent to Parliament for approval. She further disclosed that the bill will replace several sections and phrase in that Act. Section dealing with penalty of convicted persons, which laid a jail term of 3years, will now be 5 years and the court will now be empowered to order the convict to pay back the full amount misappropriated. The old fine of Le3 million will now be Le30 million. Furthermore the commission will have the right to engage in out of court settlement with any such persons, as part of his other options, including prosecution and all such payments be made into the CRF. Further elaboration was done by one of her staff, Morris Ibrahim Kanteh.
In his own statement, MP for Moyamba, constituency 195, Hon. Sallieu Mustapha said that corruption is a worm that is eating the very fabric of society and he was happy that the youths have come on board in this fight. He went on to say that unexplained wealth is an act of corruption and that is the reason why public officials are required to declare their assets when they come into office and when they leave. This will ensure that proper accountability is given for their stewardship. He gave example of the use of billions of Leones without documentation by officials in the ministry of Social Welfare Gender and Children’s Affairs during the Ebola crisis. Monies meant for survivors and their families. This, he maintained was revealed by the Audit Report of 2017 page 195 on that ministry.
Hon Mustapha emphasised that since the government of President Bio came into power, it has not received a single cent from the international community and that it has been using the revenue it has generated from within, adding that the government is now trying to source fund from its partners. He stressed that the EU does not have the conditionalities of the IMF, but looks at the country’s ability to generate internal revenue for consideration of any help. He further disclosed that he has filled his own asset declaration form and ready to be submitted to the ACC. He stressed that with the various oversight role of the Parliament, if that institution could put aside partisan politics; it will be able to deal with corruption and may in fact render the ACC redundant. Parliament, he added should be serious about fighting corruption. He praised President Bio for declaring war against corruption and he is optimistic that the fight will be won if the youths put their shoulder to the wheel and disseminate the news about corruption.
Other speakers gave similar statement buttressing the need for an amendment and collaboration of the entire country in this fight. A question and answer session climaxed the event.
Pres. Bio Sympathizes with 5-year-old Victim
In was disclosed that His Excellency President Julius Maada Bio paid a visit to the five-year-old rape victim who has been crippled and hospitalised at the Aberdeen Women’s Centre at Aberdeen in Freetown.
During the visit, the President said that after declaring a State of Emergency on Rape and Sexual Violence, he decided to get a first-hand experience with the extent to which the menace had cut deep into society by visiting the centre.
He said what he had seen was completely flabbergasting with a young baby, 5, who had been violated and destroyed by an elderly person, adding that that was the reason he had decided to declare to call for stiffer punitive measures to curtail what was fast becoming a culture albeit unacceptable.
He also mentioned his moral obligation as a leader to protect every Sierra Leonean, saying that even though his declaration had been politicised he was with a clear conscience, as the Head of State, to protect his citizens, especially those who could not talk for themselves but needed to be protected. He emphasised that as a guardian he would make sure that they were protected.
“I also want to use this opportunity to recognise the work of so many women at this centre who are giving up their time and providing service to several people who have been victims of rape and other forms of sexual assaults. I hope we will get the support we need from the country to be able to stop this madness and also be able to provide support to those who are victims already and those who are taking care of them.
“We are putting in place a lot of processes to be able to help those who are taking care of these women and the forensic lab is one of those facilities. We need to be able to establish that indeed rape did occur and a particular person was responsible. We are concerned about the welfare of all of these women, especially those who have been violated and we have to make sure that we have the provisions to take care of them,” he assured.
Non-Clinical Director of the Aberdeen Women’s Centre, Ivy Kalama, said they were excited about the President’s visit and also thanked the Ministry of Health and Sanitation for their support to the centre in terms of personnel. She also said that the institution was challenged with water facility and the provision of adequate drugs and medical supplies and, therefore, called for supplementary support from the Government.
It could be recalled that earlier this month, President Bio officially declared a National Emergency on Rape and Sexual Violence, as a step geared towards addressing rape and all forms of sexual violence in the country which had been approved by the House of Parliament.
Pres. Bio Hosts Inaugural DEPAC Meeting
His Excellency President Julius Maada Bio has hosted the inaugural Presidential Development Partnership Committee, DEPAC, with development partners at a well-attended event at State House.
In his statement, President Bio said that he was thankful to the Minister of Planning and Economic Development, the Minister of Finance, development partners and all the other equally valuable stakeholders whose inputs had contributed to the development of the first-ever comprehensive National Development Plan.
He said development, to his mind, should be predicated on purposeful planning with development priorities with sectors clearly delineated, development pathways clearly mapped out and intended development outcomes anticipated in an informed way.
“The development plan is a shared vision that sharpens focus on strategic goals and facilitates strategic partnerships and collaboration among development partners, MDAs, experts, and policymakers. It also promotes dialogue among all parties and helps all parties avoid possible overlaps of work and waste of resources in sectors or across sectors.
“The Medium Term National Development plan is a product of what I have emphasised and insisted on governance – inclusive and purposeful planning for quality service delivery. This plan will help us coordinate all available resources. Our future annual budgets will be fully aligned to this development plan,” he said.
President Bio noted that his government was wholeheartedly and resolutely committed to all the priorities identified, adding that Government would ensure that it did not deviate from the identified priority areas. He mentioned that the priorities identified were complementary and mutually reinforcing while expressing the belief that if implementation was properly coordinated it would create multiplier effects in every sector of the country.
“My Government is keen on strengthening the partnership with our development partners and make it work for our people and taxpayers of your respective countries who are providing support to Sierra Leone. We fully subscribe to the principles of mutual transparency and accountability.
“To ensure that we adhere to those principles, we must continue regular and structured dialogues with you, our partners. This will only enhance coordination and deepen our partnership with you. We will insist on the comprehensive coordination mechanism contained in the Development Cooperation Framework,’’ he said.
United Nations Country Representative, Sunil Saigal, thanked President Bio for laying out the vision for the implementation of the new National Development Plan and for the principles for collaboration and coordination with partners in order to achieve the goals of the plan, adding that as partners they welcomed the move by the President and expressed hope that it would be the start of many constructive meetings with the DEPAC becoming a forum for fruitful engagements and dialogue.
World Bank Country Manager, Gayle Martin, said that they acknowledged that the new Government inherited a dire economic situation with deterioration in fiscal position, government leakages and slow implementation of key programmes, noting that these challenges would be daunting for any government.
She commended Government for taking important steps to restore macroeconomic stability such as dealing with the fuel subsidy, duty waiver and tax exemptions, and rolling out the single treasury account, saying that those measures had been instrumental in bringing additional revenue from ministries, departments and agencies into the budget and for introducing strong revenue control.
Pres. Bio Receives Certificate of Approval on the Proclamation of a State of Emergency
The Leader of Government Business in the House of Parliament, Honourable Sidi Mohamed Tunis, has presented to His Excellency President Julius Maada Bio the Certificate of Approval on the Proclamation of a State of Emergency regarding Rape and Sexual Violence during a brief ceremony held at State House.
During the presentation ceremony, the Member of Parliament said that: “Your Excellency sir, having gone through Parliament, I hereby present you with the Certificate of Approval of the Proclamation on the State of Emergency on Rape and Sexual Violence.”
In his brief response, President Julius Maada Bio said he was pleased that Parliament had done their bit of the work to translate his words into action.
He said he was very passionate and cared about the welfare of everyone in the country, adding that he had already made a commitment on rape and sexual violence that had been well received both locally and internationally.
He also thanked Members of Parliament for approving the Declaration and expressed hope for their continued support in implementing the other parts of the Declaration.
It could be recalled that earlier this month, President Julius Maada Bio officially declared a National Emergency on Rape and Sexual Violence, Pursuant to Section 29 (3), Act No. 6 of the 1991 Constitution of Sierra Leone.
Despite Parliamentary approval… Opposition APC Disapproves State of Emergency
The main opposition All People’s Congress (APC) party has stood its ground against the Presidential Proclamation against rape and sexual violence on the basis that it will give the SLPP led Government under the leadership of President Julius Maada Bio wide political powers to ‘unconstitutionally’ take certain decisions or actions according to their whims and caprices.
This Presidential Proclamation came in the wake of soaring incidences of rape and sexual violation cases with shocking revelations.
However, on the 22nd February 2019 majority of Parliamentarians voted in favour of the coming into being a State of Emergency and on the 25th February 2019 the Leader of Government Business in the House of Parliament, Honourable Sidi Mohamed Tunis presented to His Excellency President Julius Maada Bio the Certificate of Approval on the Proclamation of a State of Emergency regarding Rape and Sexual Violence during a brief ceremony held at State House.
Here is the APC bone of contention encapsulated in a Press Release issued out on the 25th February 2019:
“We the APC Members of Parliament wish to inform members of our Party, the International Community, Civil Society, the Media and the general public that, Parliament has not approved His Excellency’s Proclamation of a State of Public Emergency. Section 29 (3) of the 1991 Constitution provides that such a proclamation must be approved by a vote of two-thirds of Members of Parliament present.
Parliamentary sitting was abruptly adjourned to Tuesday 26th February 2019 without votes being taken as prescribed by the Constitution and the Standing Orders.
While we applaud President Julius Maada Bio in his determination to combat sexual crimes, it is in the legislative competence of Parliament to make laws for good governance. In this respect, our Constitution emphatically states in Section 105:
“Subject to the provisions of this Constitution, Parliament shall be the supreme legislative authority for Sierra Leone.”
Accordingly, we the APC Members of Parliament made our position abundantly clear in the Well of Parliament that we support the fight against rape and all forms of sexual violence against women and girls and that more punitive measures ought to be adopted to control same.
In addition, we the APC Members of Parliament hold the view that such measures are not beyond the reach of the President, as such can be adequately achieved by strengthening the Sexual Offences Laws and their enforcement followed by stronger regulations.
If President Bio wishes to have Parliament amend the Sexual Offences Laws and enact stricter laws and regulations, he should commence the initiative rather than pre-empt Parliament by proclaiming a State of Public Emergency.
We, the APC Members of Parliament strongly consider the proclamation of a State of Public Emergency as an overreach by the Government in the fight against rape and sexual offences. A State of Public Emergency may be declared by the President under only the following circumstances:
When—
a. Sierra Leone is at war;
b. Sierra Leone is in imminent danger of invasion or involvement in a state of war; or
c. there is actual breakdown of public order and public safety in the whole of Sierra Leone or any part thereof to such an extent as to require extraordinary measures to restore peace and security; or
d. there is a clear and present danger of an actual breakdown of public order and public safety in the whole of Sierra Leone or any part thereof requiring extraordinary measures to avert the same; or
e. there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in Sierra Leone; or
f. there is any other public danger which clearly constitutes a threat to the existence of Sierra Leone.
It is clear our Constitution reserves these specific circumstances to declare a State of Public Emergency in Sierra Leone and the present societal menace doesn’t constitute one. We believe a declaration of a State of Public Emergency is a wrong manner to approach a societal problem for which appropriate laws and regulations may be enacted by Parliament.
A State of Public Emergency may provide temporary measures but it cannot stop a scourge of sexual offences in our communities in the long run when the period of emergency expires. As the Proclamation of a State of Public Emergency is at variance with curbing sexual crimes, so is the ‘collection of voices’ in approving it by Parliament.
We refer our objections to the International Community, Civil Society Organizations, the Media and all men and women of goodwill, that we share President Julius Maada Bio’s quest to fight sexual offences but we do not share his Proclamation of a State of Public Emergency and we frown on the heavy-handedness of the Speaker in attempting to carry the Motion for the approval of the State of Public Emergency by a mere ‘collection of voices’ contrary to the mandatory Provision of Section 29(3) of the 1991 Constitution and Standing Order 44(4) – for a two- thirds vote for its approval.
We therefore wish to reiterate that the Debate for the approval of the said Proclamation was inconclusive; hence a Public State of Emergency does not exist. The Debate on the Proclamation is to continue on the next sitting of Parliament.
GRAVE CONCERNS OVER THE DECLARATION OF STATE OF EMERGENCY
The Declaration of a State of Emergency by H.E. Rtd. Brig. Julius Maada Bio in an attempt to seemingly address the increasing spate of the incidence of rape has raised worrying eyebrows to many persons and organizations, including the Bar Association and civil society groups.
The Premise underlying emergency powers is simple: The government’s ordinary powers might be insufficient in a crisis, and amending the law to provide greater ones might be too slow and cumbersome. Emergency powers are meant to give the government a temporary boost until the emergency passes or there is time to change the law through normal legislative processes.
The Declaration of a State of Emergency regarding Rape and Sexual offences, appears well meaning, but the road to meet the challenge is risky and could open the floodgate for the abuse of the powers that go with the invocation of a State of Emergency.
It is no gainsay, that most of the citizenry support an aggressive pursuit in the fight against gender violence and other related offences that have besmeared the good image of our country and engender our women to serious physical and emotional injury. Yet, concerns have been raised on the extent of powers been sought and the applicability of such powers to meet the challenge being fought.
It is important to note, that this article by no means lessen, nor belittle the desire to seriously address the issue of rape and sexual violence, but rather query the wide ranging powers to be conferred on the President, that may have no bearing in that quest and could salivate the appetite of quashing dissent.
The moment a president declares a “Public Emergency”—a decision that is entirely within his discretion—he is able to set aside many of the legal limits on his authority. While many of these powers tee up reasonable responses to genuine emergencies, some appear dangerously suited to a leader who may be bent on amassing, or retaining power and crushing opposition elements. For instance, the president can, with the flick of his pen, activate laws allowing him for the detention of persons; restriction of movement of persons; authorise the entering and search of any premises; taking of possession or control on behalf of the Government of any property or undertaking, or freeze; provide for the apprehension, trial and punishment of persons; or freeze bank accounts, to name but a few of the wide powers to be exercised by the President once the Proclamation is approved by Parliament.
The Constitution confers on the President sole, unquestionable and unchallengeable power to determine the existence of a situation deserving of a Declaration by Proclamation of the existence of a State of Public Emergency. “The enjoyment of, or right to the enjoyment of, such rights and freedoms as guaranteed under the Constitution is neither absolute nor unlimited in scope, but relative and restrictive in all its aspects in the interest of an orderly society under the sovereignty of the law” expounded by the immortalized words of Kutubu, C.J. (then of the Supreme Court of Sierra Leone) in the case of the State v Adel Ousman and Others (1988) LRC.
Furthermore, the same Court held, that an Emergency situation inevitably connote the curtailment of the rights and freedoms of the individual, and Emergency Regulations are laws to which the fundamental rights constitutionally have to give way.
This edifice of extraordinary powers has historically rested on the assumption that the president will act in the country’s best interest when using them. With a handful of noteworthy exceptions, this assumption has not held up in the case of Sierra Leone. But what if a president, backed into a corner and facing increasing public resentment or paranoiac apprehension of fear of being removed, were to declare an emergency for the sake of intimidating or harass the opposition with a view to cling on to power? In that scenario, our laws and institutions might not save us from a presidential power grab or longevity as the case may be. They might be what takes us down as a Nation!
Worthy of note however, is that other powers are available within our legal framework, even without a Declaration of Public Emergency, including laws that allow the president to seek, through Parliament, to amend and strengthen the Sexual Offences Act, 2012 (as amended); and the Offences against the Persons Act 1861, and to even to punish sexual penetration with life imprisonment. So, what begs the question is, why declare State of Emergency? Many other laws permit the executive branch to take extraordinary action under specified conditions, such as war and domestic upheaval, regardless of whether a national emergency has been declared or not.
In the case of R v Millberry, [2002] EWCA Crim 2891, [2003] Crim LR 207, the Court of Appeal held that “there are, broadly, three dimensions to consider in assessing the gravity of an individual offence of rape. The first is the degree of harm to the victim; the second is the level of culpability of the offender; and the third is the level of risk posed by the offender to society.” Subsequently, the court held in Attorney General’s Reference (Nos. 91, 119, 120 of 2002) that these three dimensions can be applied to sentencing for other categories of sexual offences. In applying the three different tests enunciated above, none, demand the kind of powers requested for under the emergency power.
Interestingly, it appears to me to be a “copy and paste” of the Donald Trump declaration of ‘National Emergency’ over the building of a wall separating Mexico from the United States of America. This has been challenged by Congress, several States of the Union; and Civil Rights Organizations.
In retrospect, key points in American history, presidents have cited inherent constitutional powers when taking drastic actions that were not authorized or, in some cases, were explicitly prohibited by Congress.
Notorious examples include Franklin D. Roosevelt’s internment of U.S. citizens and residents of Japanese descent during World War II and George W. Bush’s programs of warrantless wiretapping and torture after the 9/11 terrorist attacks. Abraham Lincoln conceded that his unilateral suspension of habeas corpus during the Civil War was constitutionally questionable, but defended it as necessary to preserve the Union.
Aiming to rein in this proliferation, Congress passed the National Emergencies Act in 1976. Under this law, the president still has complete discretion to issue an emergency declaration, but he must specify in the declaration which powers he intends to use, issue public updates if he decides to invoke additional powers, and report to Congress on the government’s emergency-related expenditures every six months.
By any objective measure, the law before Parliament, attempting to invoke the colossal powers of State of Emergency in Sierra Leone, is singing the same ode as Donald Trump, on extraordinary powers of the executive. The threat of abuse far outweigh the anxiety it seeks to address.
In any event, it is now for Parliament to formulate or amend the necessary legislation to give effect to strengthening the fight against rape and sexual violence. Concomitantly, the Judiciary must exercise its power to deliver timely and competent judgments, and the Law Office must endeavour to prosecute qualitatively, leading to successful convictions. The Declaration of State of Emergency is advisedly to be rejected by our Parliamentarians, but the “ayes” have it, according to the Speaker of Parliament. So mote it be. God save us all!