By Amin Kef Sesay
It could be recalled that on the 11th November 2021 Sierra Leoneans were taken aback when it was made public that the SLPP Government headed by President Julius Maada Bio has indefinitely suspended the Auditor General of Audit Service Sierra Leone (ASSL), Lara Taylor-Pearce and her Deputy, Tamba Momoh, without initially giving clear-cut reasons as to why the decision was arrived at.
So far the reasons given for the suspension of her and her Deputy border around violating the Financial Management Act of 2016, the Fiscal Management and Responsibility Act of 2017 and the National Public Procurement Act, 2016.
Further, stated was that the recruitment of private audit firms by the Supreme Audit Authority did not follow procurement rules, according to reports.
The suspended Auditor General, Lara Taylor-Pearce, indeed confirmed that she was handed a letter signed by the Secretary to the President to the Chairman of the ASSL Advisory Board, stating that the Attorney General has been asked to set up a tribunal to look into the ASSL for professional performance or the lack thereof. She said herself and Tamba Momoh, her Deputy, according to instructions, should be sent on suspension with immediate effect.
“I have not been told what the remit of this tribunal is or what wrongdoing we are supposed to have committed, neither have we been told who the members of the Tribunal are or will be,” the suspended Auditor General further revealed. She, however, stated that ASSL has always maintained the highest standards at all times and that they have upheld international best standards.
“I remain ready to cooperate with any tribunal guided by my legal representative and to defend my reputation anywhere, anytime,” Lara Taylor-Pearce said with all amount of seriousness.
Since the news break out there has been mixed reactions by entities as well as individuals.
One such individual is the vociferous and speak-truth-to-power Founder and Governing Officer of the Institute for Legal Research and Advocacy for Justice (ILRAJ), Basita Michael.
She has stated that any legal suspension or investigation of the Auditor General must follow the following procedure as set out in the Constitution: The Judicial and Legal Service Commission must present to the President that the question of removing the Auditor General ought to be investigated. Thereafter, the President, acting in consultation with the JLSC, shall appoint a tribunal consisting of three members, the tribunal must present its findings to the President and Recommend to the President whether the AG ought to be removed from office
She continued that after the question of her removal has been referred to the tribunal as set up by the constitution THEN AND ONLY THEN may the President suspend the Auditor General from performing the functions of her office and such suspension shall cease to have effect if the tribunal recommends to the President that the Auditor General ought not to be removed from office.
Basita Michael further argued that, therefore, any suspension outside the confines of the above-mentioned provisions of the Constitution is in breach of the constitution and any tribunal set up by the AG is illegal.
Another strong entity that has added its voice is the Sierra Leone Association of Journalists.
The Sierra Leone Association of Journalists (SLAJ), in a Press Statement, it issued out on the 11th November 2021, signed by its Acting Secretary General, Alhaji Manika Kamara, categorically stated, among other things, that it is concerned about the sudden indefinite suspension of the Auditor General of the Audit Service Sierra Leone (ASSL), Lara Taylor-Pearce, and one of her Deputies, Tamba Momoh.
SLAJ stated that the action is particularly worrying because, in its estimation, the ASSL under the leadership of Lara Taylor Pearce has a hitherto unblemished track record of professionalism and integrity in the discharge of its duties spanning over ten years and two political administrations.
The Association continued that be that as it may, while its members respect the authority of His Excellency the President to hire, suspend, or fire, they are urging that in line with constitutional provisions, in Sections 119, Sub-Section 9 and Section 137 respectively, the Attorney General immediately makes public the composition of the Tribunal along with clearly stated Terms of Reference, and a short timeframe as would be most appropriate for the Tribunal to function.
SLAJ stated that already the action has created a level of uncertainty within the local governance circles which its members understand is being closely monitored by not only the country’s international friends but also the donor community whose contribution to the country’s fledgling economy cannot be underestimated.
“While we wait for the outcome of the tribunal, which we expect in the shortest possible time, we regret that considering the recent impressive statistics on control of corruption in the just-released MCC Scorecard, this Government can by this action seek to overturn all those gains in less than 24 hours,” SLAJ maintained.
The Association went further to say that it is concerned that given the severe economic constraints facing most citizens, decisions are being taken that are creating undue disaffection, confusion, and distrust.
“We urge the Government to maintain the independence and integrity of our institutions and continue to give hope to the people of Sierra Leone,” SLAJ enjoined.
It will also be recalled that the Auditor General’s initial refusal to comply with the legal opinion of the Solicitor General to set up a Single Treasury Account for the payment of audit fees was strongly opposed by the Ministry of Finance which led to the intervention of the Speaker of Parliament.
Tamba Momoh is believed to be a member of several Boards of Directors of Government or Government Assisted Secondary Schools which fall under the audit mandate of Audit Service Sierra Leone. This is seen as a conflict of interest.
