By Elisha Harding
The Chief Justice, His Lordship Justice Desmond Babatunde Edwards has disclosed that Sierra Leone has a New Arbitration Bill, 2022 which before the end of June should become the New Arbitration Law for Sierra Leone.
The Chief Justice was speaking in Lagos, Nigeria, on the 4th June, 2022 as a Special Guest at the 6th International Chamber of Commerce Africa Conference on Arbitration on the theme, “African Arbitration: Consolidation and Transformation.”
According to him, the Law of Arbitration in Sierra Leone is the Arbitration Ordinance of 1927 enshrined in Cap 25 of the Laws of Sierra Leone 1960. It constitutes the first and only statutory enactment on Arbitration in Sierra Leone. It was enacted by the British Colonial Administration and came into force on the 16th of December 1927.
The English Law, he continued, had long departed from this Law with the promulgation of English Arbitration Act, 1996, but we in Sierra Leone continued with it.
He said, “they gave us a legacy we are unwilling to abandon. In its Long title it reads ‘this ordinance may be cited as the Arbitration Ordinance and shall apply to the colony and the protectorate.’ So, its application is only and solely in Sierra Leone, never mind what lawyers would wish.”
“This is in contrast with other Arbitration Laws Like the UNCITRAL MODEL LAW 1985 as amended in 2006; the English Arbitration Act 1996, the German ZPO, the SWISS Private International Law and many more statutes all of which has an international Application e.g. the UNCITRAL Model Law provides that this law applies to International Commercial Arbitration , subject to any agreement in force between this State and any other state or states and then goes on to define when an Arbitration is international,” the Chief Justice said.
Honourable Chief Justice Edwards went further to assert that disputes are an inevitable occurrence of life and international arbitration remains the most important and widely used dispute resolution mechanism of choice for cross border disputes.
“Guinea, Liberia, The Gambia, and Sierra Leone all do have Arbitration Laws,” he said while reiterating that, “in the case of Guinea, they have The Ohada Uniform Arbitration Act 1999 as amended; the Gambia – The Alternative Dispute Resolution Act Chapter 6 of 2005 as amended by Act No. 6 of 2006; Liberia, you have the Liberian Commercial Code of 2010 – Title 7 Chapter 7 of the Liberian Code of Laws Revised Commercial Code – Commercial Arbitration. These are relatively new and modern Arbitration Laws which may not represent the best as they may need improvements here and there but present good scenarios for making these Countries reasonably attractive for Arbitration.”
He reiterated that with Sierra Leone, Cap 25 of the Laws of Sierra Leone 1960 was the oldest in the sub-region, hence the need for reform into that Act. The good news however is that the New Arbitration Bill was expected to be tabled in the House of Parliament as the New Arbitration Act of 2022. This New Arbitration Bill, apart from the best practice provisions covering things like a stay of proceedings, limited court intervention, interim measures, separability/severability, powers in relation to the constitution of the tribunal, competence – competence; determination of questions of law by Experts appointed by the Tribunal, determination of recoverable costs, an extension of time, coercive powers re-witnesses etc. and most importantly recognition, challenge, setting aside and enforcement of Awards covering things like: Third Party funding with restrictions on champerty, Emergency Arbitrator proceedings, Expedited hearings, Establishes the Sierra Leone Arbitration Centre where the composition would include renowned Arbitrators around the Continent, Court Intervention is limited, Incorporates the New York Convention to which Sierra Leone is a member incorporating its reservations, the New Concept of “Arbitration Proceedings Rules” dealing with when, how and time limit for applications, Enforcement of Peremptory Orders and Investor-state Arbitration Enforcement.
All of which are bound to make Sierra Leone attractive as a place for Doing Business causing direct foreign investment.
He used the occasion to dilate on ways in which arbitral institutions can collaborate to build capacity within the continent as well as future opportunities and ways to enhance Africa’s economic development that will attract important foreign investments through the instrumentality of international arbitration.
On his part, Robert Volterra, Founding Partner of Volterra Fietta in Canada said there is a need to encourage local lawyers to develop their expertise in Arbitration, adding that Arbitration has now been viewed as a fundamental tool for enabling business and investment in the continent and measures are now being put in place to update their arbitration laws, especially in the enforcement of foreign awards.
He also highlighted the key current developments in the various regions of Africa- East, West, North, South and Central Africa and finally outlined the gains made thus far in the region.
Chikwendu Madumere, Managing Partner & Chartered Arbitrator spoke on Damages in International Arbitration: Valuation Approaches.
According to him, one issue that has drawn significant attention from the international community in recent years is the assessment of damages in the context of international disputes.
Prof. Mark Kantor – Arbitrator and Mediator; Georgetown University Law Center, United States of America like other speakers expatiated on how wide is the gap in assessing loss between claimants and respondents and what are the common methods adopted by tribunals in assessing damages.


Why Salone Census Results Are Always Questioned…
By Ranger
The main objective of a National Population and Housing Census is to collect, process and disseminate detailed statistics on population, its composition, characteristics, spatial distribution and organization (families and households) in small areas and small population groups.
Importantly, the census ensures that each community gets the right number of representatives in Government. Because representation is based on population, an up-to-date tally is essential.
It also helps to determine the human capital available and the number of unemployed. This in turn helps in the formulation of policies to meet the country’s needs. This Commentary is on the problems and challenges facing the successful counting of the population in the country and solutions to these problems.
Mainly, political issues have hindered the successful conduction of census in Sierra Leone. Thus, the reliability of the information regarding the high population of certain parts of the country and lower in other parts marred the credibility of the 2015 and 2021 censuses. Many believe that the results for these two censuses are false.
Many believe that the demographic information of the country was falsified and the actual figures were overestimated in the published reports.
Many have also condemned Statistics Sierra Leone for dishonest work and fraudulent activities during the census.
It was said that there were communities, towns and villages that no officials visited and numbers were made up, recorded and published.
There are various reasons for the falsification of population census results in Sierra Leone. One is that population census is carried out to determine revenue allocation among districts and councils.
Regions that have a high population get more funds and allocations from the central Government. This is one major reason why many believe population records are falsified.
Cost of the Census
Carrying out a population census is quite an expensive venture. Many developing countries like Sierra Leone cannot afford the equipment and procedures in order to conduct an efficient population census. Modern geographic information techniques such as remote sensing, aerial photographs, Geographical Positioning System GPS, digital cartography and computer based Geographic Information System (GIS) equipments are needed to facilitate rapid input, management and analysis of data for the successful conduct of population censuses.
Stats SL also need to design and adopt new and modern techniques such as biometric in conducting censuses in the future. This will ensure that the data are accurate and can be verified by modern equipment and not based on word of mouth.
Inadequate preparation and planning
In Sierra Leone, plans are not properly made in preparation of the population census. There needs to be early and adequate training of staff of the institution on issues such as the collection of data and use of instruments.
High level of illiteracy
The high level of illiteracy and ignorance in Sierra Leone also pose challenges to the successful conduct of population censuses. People have different beliefs as regards population censuses. Some people avoid contact with officials while some act hostile to the officials because they believe getting counted is a taboo. Some believe that the Government conducts censuses in order to increase taxes.
Other misconceptions about census include that is a tool for ethnic dominance and to determine the economic status of people. This is the reason many give incorrect information which then leads to inaccurate data.
More than anything, it will be very difficult to conduct a successful census in Sierra Leone if the citizens are not cooperative.
In order to solve this problem, the Government needs to embark on re-orientation programs to help change the wrong perception and mindset of most Sierra Leoneans.
There is usually not enough sensitization and education of the masses. This is why the census is met with hostility and much ignorance.
Government should carefully organize campaigns to create awareness and educate people on census exercises.
Government should also adopt the effective use of media; both print and electronic media, social media and other means of communication to give adequate publicity and create awareness.
It is extremely important for the masses to have adequate information about the importance of the census exercise so they can be willing to participate.
Poor roads in many areas
Many areas of Sierra Leone have very poor infrastructural conditions such as bad state of roads and lack of good road network. This makes it difficult to conduct an effective population census.
Some areas are also very underdeveloped to the point that one cannot get there by means of a car. This discourages the population census officials from getting there. When all these faults persist, the records of such areas can hardly be reliable.
Insufficient qualification of census officials
Many officials conducting the population census lack the necessary level of qualification needed. Ideally, only experts who have been trained in dealing with data and other population issues are supposed to be entrusted with the task of conducting a population census.
Unreliable demographic maps
Sierra Leone still works with outdated and inaccurate demographic maps. This makes it difficult for Stats SL to take note of all the remote settlements in the country. Stats SL needs to invest time and money to ensure experts draw out accurate demographic maps.