By Mahmud Tim Kargbo
The All People’s Congress has issued a formal public statement expressing appreciation to the Judiciary of Sierra Leone following the grant of bail to its National Secretary General, Lansana Dumbuya, Esq. The tone and substance of the statement situate the development firmly within constitutional principle rather than partisan contestation. Signed by Africanus Sorie Sesay in his capacity as National Legal Adviser, the statement commends the Honourable Chief Justice and the Judiciary for professionalism and fidelity to due process. It also acknowledges the Attorney General and Minister of Justice, together with the Law Officers’ Department, for conducting proceedings in accordance with legal standards.
“Bail under the leadership of Honourable Justice Komba Kamanda as Chief Justice of the Sierra Leone judiciary is not a discretionary indulgence but a fundamental aspect of constitutional liberty, and its grant reaffirms the Judiciary’s unwavering commitment to the rule of law and procedural fairness.”
Section 17 of the Constitution of Sierra Leone Act No 6 of 1991 guarantees protection from arbitrary arrest and detention. Section 23 entrenches the right to a fair hearing within a reasonable time before an independent and impartial court established by law and embodies the presumption of innocence. These provisions make clear that liberty is not a political concession but a constitutional entitlement subject to lawful conditions. Bail is the procedural instrument through which these rights are given practical effect. It prevents pre trial detention from becoming punitive and preserves the integrity of the presumption of innocence.
Under the stewardship of the Honourable Justice Komba Kamanda as Chief Justice of the Judiciary of Sierra Leone, the courts have consistently emphasised that bail is not a discretionary indulgence but a fundamental aspect of constitutional liberty. In recent years, judicial reasoning has reaffirmed that pre trial detention must be exceptional, proportionate, and strictly justified under the law. This approach reflects a broader and sustained commitment by the Judiciary to uphold the rule of law and to ensure meticulous adherence to procedural safeguards.
The APC statement expressly recognises that the matter remains before the courts and expresses trust that it will continue to be addressed with fairness and impartiality. This restraint reflects constitutional discipline. Section 120 of the Constitution vests judicial power exclusively in the Judiciary and guarantees its independence from external interference. The separation of powers is structural. Courts must adjudicate free from political pressure, and political actors must respect the boundaries of ongoing proceedings. By limiting its response to institutional appreciation and refraining from commentary on the merits of the case, the party affirms the sub judice principle and reinforces public confidence in judicial independence.
Section 171 declares that the Constitution is the supreme law of Sierra Leone and that any law inconsistent with it shall, to the extent of the inconsistency, be void. Constitutional supremacy binds all actors equally, whether in government or opposition. Political restraint in moments of legal contestation is not weakness. It is fidelity to constitutional order. By responding through a legal statement issued by its National Legal Adviser, the APC underscores that grievances and expectations must be processed within constitutional frameworks rather than through destabilising rhetoric.
The Truth and Reconciliation Commission Report addressed the dangers of weakened institutions and politicised justice in Volume 2, Chapter 3, in its examination of the Judiciary and Legal System. The Commission observed: “The manipulation of the judicial system and the erosion of its independence contributed significantly to the culture of impunity that fuelled the conflict.” It further recommended: “The independence of the judiciary must be strengthened and safeguarded in order to ensure that justice is administered impartially and without political interference.” These findings underscore that institutional integrity is a precondition for national stability.
The October 2023 Agreement for National Unity and Electoral Justice, facilitated by ECOWAS, commits political stakeholders to constitutional processes. The Agreement affirms that parties shall: “Respect the Constitution of Sierra Leone and the laws of the land in the resolution of electoral and political disputes.” This commitment reinforces the principle that legal and judicial mechanisms are the appropriate avenues for resolving political disagreements.
Sierra Leone’s constitutional culture is also framed by regional and international instruments. Article 4(m) of the Constitutive Act of the African Union affirms: “Respect for democratic principles, human rights, the rule of law and good governance.” Article 4(g) of the ECOWAS Revised Treaty provides for: “Recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights.” Article 1(3) of the United Nations Charter establishes among its purposes: “To achieve international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms for all.” The Commonwealth Charter declares: “We support the separation of powers, the rule of law and the independence of the judiciary.”
These commitments collectively reinforce that constitutional governance and judicial independence are not optional virtues but binding obligations.
The grant of bail to Lansana Dumbuya, Esq., therefore represents more than a procedural development. It reflects constitutional safeguards functioning as intended. Sections 17 and 23 protect liberty and presumption of innocence. Section 120 secures judicial independence. Section 171 affirms constitutional supremacy. When political actors respond to judicial decisions with institutional respect, they strengthen democratic culture. When liberty is defended through law rather than agitation, public confidence deepens. When constitutional supremacy is honoured in practice, not merely proclaimed in text, national cohesion is reinforced.
Sierra Leone’s history has shown the cost of institutional fragility. It has also shown the resilience that emerges when law prevails over expediency. This episode stands as a quiet but significant assertion that the Republic’s constitutional architecture remains operative and respected. It signals a democratic maturity grounded in shared submission to the Constitution. In that shared submission lies the enduring promise of stability, justice, and national unity.
References:
Constitution of Sierra Leone Act No 6 of 1991 – Sections 17, 23, 120, 171
Truth and Reconciliation Commission Report, Volume 2, Chapter 3
http://www.sierra-leone.org/TRCDocuments.html
October 2023 Tripartite Agreement for National Unity and Electoral Justice, ECOWAS Facilitation
ECOWAS Revised Treaty, Article 4(g)
African Union Constitutive Act, Article 4(m)
United Nations Charter, Article 1(3)
Commonwealth Charter, Section on Rule of Law and Judicial Independence
