By: Sylvester Ekundayo Shaw A sacred respect for the constitution is the vital principle and sustaining energy of a free country. One of the greatest achievements of our constitutional order has been to protect and safeguard the rights of its citizens. It has done so by providing a framework of checks and balances which enable us to protect them at all times. The most important check, however , is that which lies in the conscience of each individual and the principle which enable citizens to exercise their rights. We cannot expect the freedom of speech or of assembly to be unlimited if it is to mean anything at the expense of others, or at any cost. Every individual is responsible for his own actions, whether he has the power to do so or not. He is bound to use his best efforts to prevent the wrongs of which he is aware. There are certain incidental powers belonging to the executive arm of government which are necessarily conferred to it by the people; but these are not absolute. They are subject to such limitations as are prescribed by their nature and by general rules of law. However, the power to perform and execute the duties of the office of the president without any obstruction or impediment whatsoever precludes him from been tried in any civil or criminal proceeding against his person in respect to anything done or omitted to be done by him either in his official or private capacity pursuant to S 48 (4) of the 1991 constitution of Sierra Leone Act No. 6 of 1991 herein after referred to as the constitution. This privilege does not place the president above the law; h/she can be held accountable for their actions after leaving office, and can be impeached to hasten this as provided for in section 51 (5) of the constitution. The president is not imperial, his special status is ultimately traceable to the rights of the ordinary Sierra Leonean and the immunity he enjoys while in power belongs to the office and not the individual per se. In the case of Ahmed Tejan Kabba v Firetex Company (S.L) LTD 1996, Hon. Justice A.B Timbo, J.A. in his ruling stated that “…all that section 48 (4) of the constitution has done, in my opinion, is to confer immunity on the Head of State, whilst he holds that office, against criminal of civil proceedings in respect of anything done or omitted to be done by him whether in his official or private capacity…” With special emphasis on the words ‘whilst in office’, it is only right that the section be interpreted as such. In my opinion, former presidents are unconnected and unrelated to the privileges conferred on the president whilst in office and a recent case in reference is the corrupt trial of the former president of South Africa, former U.S President Donald Trump and the former president of Brazil. Though the jurisdictions maybe different and laws diverse, it is however noteworthy that there are international precedents on matters of such nature. It is obvious that any corrupt officials will freely commit to embark on gross corruption and misconduct while in office and rely on section 48 (4) for absolute immunity should the scope of the section be interpreted to include former holders of the office. Thus, we can only pray that the supreme court, which has the jurisdiction, aid in interpreting the aforesaid section as provided for in section 124 (1) of the constitution.
LEGAL LINK appeals for Blacker
Christian Lawyers Centre hereinafter referred to as LEGAL LINK is appalled and outraged by the frivolous, malicious and vexatious prosecution of BLACKA, a mentally – illed patient, by the police giving cause for him to be remanded at Pa Demba Road prison at least for one day. According to LEGAL LINK “It could be recalled that Mohamed Mansaray ( alias Blacka) together with one business woman Kadiatu Yankaday were both charged with one count of Public insult and provocation contrary to section 2 of the Public Order Act of 1965. Arraigned before Magistrate Rashid Jalloh of Magistrate court No 4 Holden at Pa Demba Road Freetown, the police alleged in their Particulars of Offence, that on diverse dates between January 1 and April 23, 2022, in the presence of Mohamed Fofanah, the accused persons made insulting remarks against President Julius Maada Bio with intent to provoke him to commit a breach of the peace. Both accused pleaded not guilty to the offence. Lead Defence lawyer for Blacka, C Pujeh Esq made an application for bail for him on the grounds of him being a mental health patient. But notwithstanding this however, the Magistrate refused the application for bail for both accused persons and sent them on remand at the Pa Demba Road prison, adjourning the matter to the 4th of May 2022. Following the outcry on social media over this travesty, the case was hurriedly called up the following day with bail granted to Blacka ( mental health patient) and the other accused person charged along with him respectively by the Magistrate. As an organization that defends the rights of vulnerable groups in Sierra Leone, we take the greatest exception to this inhumane and barbaric act meted out against Blacka, a mental health patient by the state and vehemently condemn its continuation in fundamental terms. But whatever was the underlying motive and consideration behind this unprecedented move to prosecute a mental health patient by the state, it is vital to note that such cruel act on a vulnerable persons like BLACKA, has just succeeded in unleashing the highest level of embarrassment to our nation’s human rights credentials at the International level. At a time when the issue of mental health rights has taken the centre stage within the United Nations and other regional integration frameworks, it is suicidal to say the least for such stories of torture and victimisation to be happening against mentally – illed patients in the country. Apparently, it has been widely rumoured that the the illegal detention and malicious prosecution meted against BLACKA leading to his remand, may not have been unconnected with his earlier cynical statements and audios made against His excellency, the president of Sierra Leone and his government. But whatever the speculations might be, one thing that is certain however is the fact that, the story of BLACKA has revealed beyound imagination the extent to which our society has degenerated into savagery and beasthood, not sparing even the mentally retarded from punishment for their unconscious involvement in the politics of the day.This is a sad and worrying state of affairs indeed. But looking beyond the BLACKA incident, a legitimate question that comes to mind is: are their adequate, effective and robust laws, policies and institutions in Sierra Leone to protect the rights and welfare of mentally – illed patients like BLACKA? The answer is certainly a big NO. While a colonial Lunacy Act does exists, it is quite clear that such statute does not adequately address the needs of mental health patients in the country. The few institutions also established to take care of mental health patients are largely under- supported and constrained in terms of expertise to deal with the special needs of these patients. In the locus classicus case of PUROHIT VS THE GAMBIA, a matter that was decided by the African Commission on Human and Peoples Rights concerning the inhumane treatment of mental health patients in the Gambia, the African Commission ruled that “the Gambian government has violated the African Charter on Human and Peoples Rights by her refusal and failure to have effective laws, policies and institutions in place to protect the rights and welfare of mentally – illed patients in the country.” The significance of the above case at the African Continent has revealed that states in Africa including Sierra Leone are under a duty to ensure that the rights and welfare of mentally retarded persons are adequately addressed either through legislations and or care institutions and not neglected at will. Unfortunately in Sierra Leone, apart from the acute absence of legislations that comprehensively protect the rights of mentally- illed patients in the country, there are still a large number of mental health victims roaming about the streets of Freetown aimlessly, unattended to and uncared for. Mental health legislation, policies and institutions are necessary for protecting the rights of people with mental disorders who are amongst the most vulnerable section of society. Apart from the threats to their life, they face stigma, discrimination and marginalization all the time and this increases the likelihood for their human rights to be violated. Mental health legislation is therefore needed in Sierra Leone so as to provide a legal framework for addressing critical issues such as community integration of persons with mental disorders, the provision of medical care of high quality, the improvement of access to care services, the protection of civil rights and the promotion of rights in other critical areas such as housing, education and employment. While we wholeheartedly condemn any attempt by anyone to show disrespect in whatever form to the office of the president, it should however be noted that in this exceptional situation, Blacka was merely a victim that was being exploited by wicked and unreasonable people for selfish gains. If the police were to take any drastic action, such should have been done against these people for aiding and abetting the commissioning of the crime. It is certainly not Blacka that usually video himself when
Freetown Mayor Speaks At Climate Change Resilience Forum
The Mayor of Freetown Mayor Aki-Sawyerr has participated in the inaugural Forum on Global Resilience by the Adrienne Arsht-Rockefeller Foundation (“Arsht-Rock”) Resilience Centre. The event was curated to explore proven, innovative, and scalable solutions for building resilience to extreme heat and other climate change challenges. “Extreme urban heat is often called the “silent killer” because globally it kills more people than any other climate-driven weather event in an average year, and yet its deadly nature is little known or understood. Cities are ground zero for the health, social, economic, and physical consequences of extreme heat” She said. She expressed that the forum was opened by Ms Adrienne Arsht, Founder, Adrienne Arsht-Rockefeller Foundation Resilience Center and it was directed by Senior Vice President Kathy Baughman McLeod. She continued that With Elizabeth Yee, Executive Vice President of the Rockefeller Foundation as the moderator of our panel, Eugenia Kargbo, Freetown’s Chief Heat Officer and I spoke about the work FCC is doing to better understand and address extreme heat in our city. In collaboration with community stakeholders such as Councillors, CDMCs and CBOs under the #FreetownTheTreeTown campaign and with government agencies and partners such as the Sierra Leone Meteorological Agency, EPA, NDMA, UNDP, Sierra Leone Red Cross, SLURC and with funding support from the National Oceanic and Atmospheric Administration, heat mapping and air quality measurements will start in Freetown within the next two months to identify the urban heat islands and hot spot areas. “Simultaneously, with financial support from Arsht-Rock, we will commence the construction of heat repellent market shades in 3 open air street markets (Calabar Town, Portee and Bombay Street) with plans to expand on these as quickly as possible so as to provide much needed relief for women who are among our most vulnerable population groups. (Below are CGI images to illustrate the market shades). We are grateful for our partnership with the Arsht-Rock Resilience Centre as we continue to collaborate and explore opportunities to finance more heat resilient interventions in our city. At a time of major multi-sectoral challenges, it is important for us to keep making tangible improvements in the lives of our residents, one step at a time”. Sierra Leone Parliament observes second open day The Parliament of Sierra Leone has observed its second Open Day at State Hall of Parliament Building in Freetown on the theme: “bringing more people closer to Parliament”. The event was also broadcast on satellite in Bo, Makeni and Kenema City Councils. Academics, Think Tanks, Citizens, Councilors, Traditional Rulers, Development Partners, Civil Society Organizations, Students, Pupils, Ministers of Government and Members of Parliament were all in attendance in Freetown and provincial headquarters. The aim of the Parliament Open Day is to make Parliament open, accessible, transparent and accountable to the people of Sierra Leone, and it will run from the 5-7 May 2022 with support from Parliament, European Union and other partners. The Open Day will also promote a culture of openess and information sharing on the operations of Parliament and will aslo give citizens the opportunity to directly engage their MPs and ask questions on their roles and responsibilities in the overall governance of the country. In his welcome remarks, the Deputy Speaker of Parliament, Hon. Segepoh Soloman Thomas said the overall objective of the Parliament Open Day was to showcase the Parliament of Sierra Leone and make it open and accessible to the public and to create better understanding about what constitutes its core mandate of the supreme legislative body in Sierra Leone. He emphasized the need for making Parliament accessible to the people of Sierra Leone in order to promote citizens’ participation and understanding about the legislative process in the country. He also said that on completion of the three days Parliament Open Day, it would increase public understanding about the workings of Parliament, and spoke on the need for an open, accountable, and a transparent Parliament. He appreciated the work of Parliament, Staff and donor partners for supporting the Parliament of Sierra Leone in its strides for being a responsive and an accountable Parliament to the needs and aspirations of the general citizenry. Speaking on behalf of the Leader of Government Business, the Deputy Leader of Government Business, Hon. Bashiru Silikie appreciated the work of the Fifth Parliament of Sierra Leone and underscored the working relationships between CSOs and Parliament. “The Leadership of Parliament in 2021 signed a memorandum of understanding with 52 CSOs with a commitment to making the work of Parliament more open, inclusive and more participatory with regards to legislation, representation and oversight. Leader of NGC, Hon. Kandeh Kolleh Yumkella who spoke on behalf of the Leader of the Opposition thanked the Staff of Parliament for organizing the Parliament Open Day and underscored the need for an open Parliament in a democratic dispensation. He praised students, Civil Society Organizations, Development Partners present and spoke on the roles and responsibilities of Parliament, relative to legislation, representation, and oversight. He also spoke on the need of holding duty bearers accountable for the development of the country. Representing the Foreign and Commonwealth Office, Kobi Bentley, Development Director commended Parliament for organizing the event with the view of promoting a culture of openess and information sharing on the workings of Parliament to the citizens through its “Parliament Open Day”. She also noted the bilateral relationship between Sierra Leone and the United Kingdom such as development assistance and cooperation between the two countries through Commonwealth Parliamentary Association amongst others. Head of European Union Delegation to Sierra Leone, Ambassador Manuel Muller appreciated the Leadership of Parliament for the initiative to bringing the people to the doorstep of Parliament. He spoke on the EU support in Sierra Leone aimed at strengthening infrastructural development, good governance and democracy in the country. Speaking on technical support to the Parliament of Sierra Leone he mentioned capacity building of MPs and Staff, improvement of the website, the Bo Declaration, and development of a strategic plan and a communication strategy amongst others. He also said that
Rights Activist Dilates on Justice Fisher’s Judgment
In an Advisory Opinion expressed by Rashid Dumbuya Esq, the Executive Director of LEGAL LINK and former Commissioner for Human Rights in Sierra Leone dated 3rd May, 2022, he said it could be recalled that on Thursday 28th April 2022, Justice Adrian Fisher delivered the final Judgment in the landmark case between Alfred Peter Conteh (Plaintiff) and former President Dr. Ernest Bai Koroma, the All People’s Congress (APC) party, the Secretary General, Osman Foday Yansaneh and the PPRC ( Defendants). He pointed out that amongst other things, the learned Judge dissolved the current APC National Executive, ordered for an Interim Transitional Governing Committee to be set up and imposed a perpetual injunction against the current National Executive, barring them from holding themselves out as Executive members of the APC party forthwith. Lawyer Rashid pointed out that the All People’s Congress National Secretary General, Ambassador Osman Foday Yansaneh was also ordered to vacate office within 14 Days and to further provide handover notes to the Chairman of the Interim Transitional Governing Committee (ITGC) that would be set up. He furthered that without any doubt, the judgment of Justice Fisher has sparked hues and cries as well as hot debates in many parts of the country and also on many social media platforms with some agreeing to the judgment while others questioning the ratio decidendi ( reason for deciding) in the entire case. The rights activist said as one of the leading Civil Society Organizations that advocates for constitutionality, the rule of law, democratic good governance, justice and fairness in Sierra Leone, the legal interns of LEGAL LINK have taken time out to do a thorough analysis of the judgment delivered by Justice Adrian Fisher in that case bringing out the “highs” and “lows” in a bid to not only applaud best practices but also hold the Judiciary to account where applicable. He said but before delving into the crux of their analysis, it is vital to emphasize that this academic exercise and critique is being done in good faith without any ill-will, malice or unrelated considerations of any kind. The learned lawyer maintained that as a matter of fact, there are a plethora of judgments that LEGAL LINK has similarly critiqued in time past namely such as the Dual Citizenship case brought by Yumkella at the Supreme Court, the case of Augustine Sorie Sengbeh Marrah Vs the Inspector General of Police recently decided by the Supreme Court and the High Court Judgments against 10 APC parliamentarians amongst others. “The Alfred Peter Conteh vs APC case is therefore no exception and must be treated as such,” he established a premise. He said also that it is worthy to mention that this piece does not set out to inquire as to whether Justice Adrian Fisher was qualified, fit and proper to have presided over the case as a Judge but rather, the piece limits itself to analyzing the highs and lows of the judgement of Justice Adrian Fisher and his handling of the entire case till its logical conclusion. The Executive Director said firstly, it must be applauded that the Judge’s mentioning and interpretation of the preamble of APC’s 1995 constitution in arriving at his decision was apt and revolutionary maintaining that no doubt, the preamble of any constitution establishes the history, objective, purpose and spirit of the constitution. He said it is important therefore for such preamble to always be referenced when determining the true object, purpose and spirit of a constitution. According to him, a cursory look at the preamble as stated under the APC 1995 Constitution, reveals that the 1995 constitution envisaged a democratic APC party and one that would always uphold the tenets of democracy, rule of law, respect for human rights and constitutionality as the modus operandi. He said the Judge was therefore apt and correct to have called out on the preamble and philosophy of the APC Party as a basis for his decision. Rashid said according to the Judge, Article 3 of the 1995 APC constitution sets out the aim, objectives and philosophy of the Party citing one of such key objectives of the 1995 defunct constitution which is “to attain and sustain political power through democratic and constitutional means in order to build a free, democratic society with equal rights and opportunities and justice for all”. Mr Dumbuya argued that secondly, the Judge’s move to dissolve the Executive of the APC party on the grounds that they were not democratically elected and hence illegal in office was also plausible. He maintained that such is the case because, save for only two officers of the party, all other executive members ought to have been elected into office as dictated by the 1995 APC constitution and not nominated or selected. According to him, declaring that the National Advisory Committee (NAC) of the APC party was not properly constituted since bulk of its members were never elected but selected was also a revolutionary way of thinking by the Judge. The CEO noted that certainly if bulk of the Executive members that constituted NAC were never elected into office, then they certainly would have been illegal and unfit to be a part of NAC in the first place since it is only the Chairman and Deputy Chairman of NAC that are allowed to be selected as provided for by the 1995 APC constitution. Rashid pointed out that because the two of them cannot form NAC, hence according to the Judge, NAC was not properly constituted and as such never existed in the first place. The Lawyer said such an argument is quite plausible indeed and must be applauded. Mr Rashid that more significant still the Judge’s nullification of NAC’s decision/ bye law introducing the “selection clause” for the determination of Executive members / officers/National Delegates was also commendable as such decision/ bye law was inconsistent with the 1995 APC constitution and the 1991 constitution of Sierra Leone. “According to Justice Fisher, Article 14.1.1 of the 1995 APC constitution