Sunday May 24, 2015
- The Supreme
Court of Sierra Leone - not so supreme in ensuring that justice
is not only done, but seen to be done. The problems with the
bewigged band of comics more concerned about pleasing the
Executive (the rat).
There's been quite a somewhat ever-increasing eddy of opinions
regarding the decision of the Supreme Court not to grant an
injunction that would have stopped a knave, a nation-wrecker and
a thief from acting as the number 2 figure in the country.
Many
viewed this initial decision to allow the rat's chosen one to
continue in that office as a big blow to common sense and indeed
a slap for all those who had looked to the Supreme Court as the
court that should be seen to be unfettered and not directed by
any one individual as enshrined in the Constitution which states
in Section 120 subsection 3 - "In the exercise of its judicial
functions, the Judiciary shall be subject to only this
Constitution or any other law, and shall not be subject to the
control or direction of any other person or authority."
However what is common
knowledge to many watchers of the judicial scene is that the
Executive, meaning the rat occupying State House would do
anything, like his predecessors, to have the Judiciary on its
side using any and all dubious manners to achieve this. Did we
hear you whisper that we are hard on
the Judiciary? We say no for the simple reason that no court in
Sierra Leone has so far, under the reign of the corrupt rat,
ever ruled against the Executive (read the rat)?
It was somewhere in
Shakespeare's Julius Caesar that we saw this line -
"O judgment! Thou art fled
to brutish beasts, And men have lost their reason..." which
would prompt us to ask if the Supreme Court has lost it when it
failed to prevent the knave appointed by the rat to continue in
an office for which he was never elected by the voters of Sierra
Leone.
And we believe that the Supreme Court
did not properly consider the implications of such a decision
with the feeble reason it gave that lacked, in our opinion, the
common sense that would have seen justice to be done and would
have earned it the respect it deserves. That it opens the way for
utter contempt for the very basis of constitutional rule in our
fledgling democracy.
Look at it this way.
The 1991 Constitution
clearly states that come Presidential elections, each
Presidential candidate should have a running mate (and running
mate does not mean the person holding the position should be
forced to run away from his office!!!) so that voters and the
people could see who will be the second in command of state
affairs. And we are sure that had the rat chosen the equally
odious and despicable rat now occupying an elected position, the
people would not have voted for the APC as they did - for even the
most dedicated of APC supporters would have cried down the
nation wrecker that now occupies the position.
Let us again remind you of the
dastardly and unpatriotic scheme of this knave that has been
thrust upon the people of Sierra Leone. This is a part of the
submission of then
President Ahmad Tejan Kabbah
when he faced the Truth and Reconciliation Commission -
"28a. Incidentally, before I
leave the AFRC, I need to give a brief account of some of the
reckless manner in which that regime dealt with the assets of
this country. Some of the associates of the junta had no
restraint in causing further havoc on the country.
At the request of Mr. Victor
Foh, a gentleman, Mr. Michael Hart Jones, purporting to belong
to a company named Africa Trade Link Ltd. entered into an
arrangement with the AFRC junta whereby the unused mining and
mineral reserves of this country were to be used as collateral
for a loan that the junta was determined to obtain.
In this connection in a faxed
message sent to Mr. Foh, dated 24th September 1997, Mr.
Hart-Jones purported to have secured one billion dollars for the
project. The project was to involve the Government giving four
securities to the tune of $200 million and the mining
concessions were to be the collateral. The funds to be raised by
this arrangement were alleged to be intended to be utilized
partly on the services of the AFRC junta.
The scheme was to be effected
as follows:-
A company named Commercial
African Development Ltd. (CARD) was re-registered in Sierra
Leone on the 19th day of December 1997. This Company was made to
enter into a joint partnership with the junta and the mining
concessions in respect of the richest mining areas in the
country were given to the joint venture.
Four Bank Guarantees of $50
million each dated 12th November 1997, in favour of CARD for the
$200 million secured were then issued by the Governor of the
Bank of Sierra Leone and the Minister of Finance, both
appointees of the junta.
If the AFRC had not been ousted
in February 1998, thereby aborting the scheme, the effect on
Sierra Leone and its economy as a result of this arrangement
would have been -
Laundered money would have been
brought into this country undetected and this would have had
serious adverse effect on the economy for a very long time. In
the fax message in question, it was made clear that the one
billion dollars which was said to have been earmarked to be
brought to the country would have been brought stealthily and
under cover.
The Bank of Sierra Leone and
the Government would have been encumbered with an obligation to
discharge the security of $200 million as a result of a scheme
that would not have benefited the people and Government of
Sierra Leone, and in any case, only members of the junta and
their associates like Victor Foh would have been the
beneficiaries of that arrangement.
The worst aspect of that scheme
was that the richest and most profitable mining areas in this
country were given as collateral under that arrangement and
those areas were available to be mined without restriction and
the proceeds from them taken away without any account given. The
areas to be affected were carefully identified and mapped out.
The documents involved in this
transaction are available here for the Commission's perusal. The
account of this transaction needs to be brought to the notice of
the Commission merely for the purpose of further illustrating
the reckless manner in which regimes, which were unaccountable,
schemed to wreck the economy and destroy the mineral assets of
this country."
Given the track record of the
rat and more so of his appointed, not elected deputy, one can
well imagine the kinds of deals they would be engaged in even
now as they try to make as much money as they can at the expense
of the suffering people of Sierra Leone for whom the basic
amenities like safe drinking water, medical care and free
initial education is now utopian.
What is even more worrying is a
recent report that caught our eye - that the rat and his cabal
were seeking authorisation for the importation of more lethal
weapons - and this for a country that was not at war - a country
that should be concentrating on addressing the bread and
butter issues of Sierra Leoneans. A country that should be more
concerned about improving its health-delivery system after the
country suffered from so many preventable deaths and suffering -
first with a cholera outbreak and then the deadly Ebola Virus
Disease that killed more than three thousand Sierra Leoneans.
We worry about the new arms
importation request given the penchant of these two rogues and
their keen supporters like Transport Minister Balogun Koroma (of
the Kono road development fund infamy), we would not be
surprised if those weapons find their way to extremist groups
operating in Africa - sold to the highest bidder in what would
be a profitable and illegal arms sale. Never mind the UN
Security Council's worry about the proliferation of small arms
and associated weaponry in Africa and other volatile regions of
a troubled and conflict-laden world.
Again look at things this
way if you will.
If the rat is allowed by what looks like a
compliant Supreme Court to get way with what is quite clearly an
illegality, then we would have Presidential candidates
presenting running mates that look good enough and are qualified
- running mates that would soon be replaced by characters of
shady repute that were never voted into office by the people of
Sierra Leone.
Kindly take a look at one man's
desperate cry in a book, when the law of the land held him accountable for
the actions of his wife with the law actually assuming that the
wife was acting under his direction. A fine example of where the
law confounds common sense and logic.
“It was all Mrs. Bumble. She
would do it," urged Mr. Bumble; first looking round, to
ascertain that his partner had left the room. That is no
excuse," returned Mr. Brownlow. "You were present on the
occasion of the destruction of these trinkets, and, indeed, are
the more guilty of the two, in the eye of the law; for the law
supposes that your wife acts under your direction."
If the law supposes that," said Mr. Bumble, squeezing his hat
emphatically in both hands, "the law is a ass — a idiot. If
that's the eye of the law, the law is a bachelor; and the worst
I wish the law is, that his eye may be opened by experience — by
experience.”
There are provisions
within the 1991 Constitution that allows for the inclusion of
judges from other parts of the world to sit on the Supreme Court
and we would have hoped that given the perception of the
ordinary Sierra Leonean that the Judiciary stands compromised,
the most sensible option would have been the addition of legal
minds from outside Sierra Leone. This provision could be found
in Section 121 subsection (1)(c) -
(1) The Supreme Court shall
consist of—
(a) the Chief Justice;
(b) not less than four
other Justices of the Supreme Court; and
(c) such other Justices of
the Superior Court of Judicature or of Superior Courts in
any State practising a body of law similar to Sierra Leone,
not being more in number than the number of Justices of the
Supreme Court sitting as such, as the Chief Justice may, for
the determination of any particular cause or matter by
writing under his hand, request to [sit] in the Supreme
Court for such period as the Chief Justice may specify or
until the request is withdrawn.
Subsection (c) is even more interesting.
It makes provisions for the Supreme Court to have legal minds
from say, the United Kingdom, to sit in and take a good hard
look at the provisions of the Constitution as it relates to the
rat abrogating all to himself the power to appoint a deputy who,
in our opinion was illegally thrust upon the people.
We would again want to remind
ourselves about the pantomime that was at play as the Judiciary
was compromised and co-opted to serve the purpose of the
Executive in the elimination of perceived political enemies.
The greatest nation wrecker of
them all, one Siaka Probyn Stevens, in whose footsteps the rat
loves to walk in a bid to have his enemies trapped in the mesh
of the Judiciary hurriedly pushed Sierra Leone into a Republic
using the needed constitutional antics to make one Justice Okoro-Cole
Sierra Leone's first President only to be dropped and replaced
by an Executive President with extremely wide-ranging powers
called Siaka Probyn Stevens.
Stevens' reason for this
constitutional manipulation was quite clear to watchers. He
wanted to have a free hand to execute and imprison for long
periods those in whom he was not pleased. Previous to this,
decisions by the courts in Sierra Leone could be challenged in
the Privy Council of the United Kingdom. Brilliant Sierra
Leonean lawyers made their mark there and quite a good number
won their freedom in a situation, had it been left to the courts
in Sierra Leone would have resulted in dire consequences for
those so accused by the government.
Even then - with the courts
wanting to assert their independence and authority, there are
some fine examples of the government not getting its way all the
time. Take
this account from the
spouse of the late legal luminary Berthan Macauley, the youngest
QC Sierra Leone ever had, herself an authority on legal matters
especially on human rights issues - Mrs Margarette Macauley -
"While working on a case in the Republic of Gambia, Margarette
and Berthan got some news. Berthan was wanted by the police. Friends who were there told us that they had heard on the
news that some people were being detained and arrested and that
there was a list of people who the Siaka Stevens government
wanted and that his name was on the list, and so we should
consider not returning....but they returned anyway.
....After several weeks of detention he was charged with
treason, a crime punishable by death in Sierra Leone, but
Berthan fought the charges representing himself and 16 others
charged with the same crime. After 13 months of trial he managed
to get himself and everyone else acquitted of the charges with
Margarette by his side. And that was not all.
Mrs Margarette Macauley or better still the
great lady with a flair for protecting the rights of people recalled
another legal triumph
But the biggest ordeal was yet to come. After the trial ended
in 1972 Berthan went back into private practice only to find his
life almost snuffed out in the presence of a judge and jury.
He had taken up a case on behalf of some leaders in the
opposition, who had found themselves on trial for murder. It was
alleged that one of their vehicles had knocked down and killed a
pedestrian in an area where they were not even present.
Margarette was on her way to meet Berthan for lunch when the
incident happened.
As she drew near the court she noticed a
multitude of soldiers and policemen and frantic people. The
prelims (preliminary hearings) were going on when they tried to
kill my husband in court. He was shoved down by two police
officers under a bench and they lay on top of him because they
threw a lit dynamite into the court and somebody threw it out of
the window, she recalled."
That was then - a very sad and violent
event created by the APC where violence and brutish force was
given free reign as long as it was good in the eyes of the
party.
Rather than having a revamped and trusted
system in place that would have given the Judiciary its rightful
place as an independent entity, what is now observed is a
Judiciary which actually believes that its duty is to tow the
line of the ruling party and government, a Judiciary that is now
perceived as being led on a leash in the hands of the Executive,
the rat at State House. Kindly read a part of the Truth and
Reconciliation Commission report on Governance -
"16. The Commission heard submissions from a variety of
authoritative sources that the war in Sierra Leone was largely
the result of failures in governance and institutional processes
in the country.
Successive governments diminished the state's
capacity to meet such critical challenges as the security and
livelihood of its citizens, let alone to provide for democratic
participation in decision-making processes.
The Commission
shares the view that unsound governance provided a context
conducive for the interplay of poverty, marginalisation, greed
and grievances that caused and sustained the conflict.
The
Commission hopes its treatment of issues of governance - by
identifying past distortions, evaluating the adequacy of current
remedies and making recommendations to fill the gaps - will
enhance efforts towards national recovery, stability and
reconciliation.
17. The instruments of proper governance include laws,
institutions, due processes and humane practices that lead to
such desired ends as security, justice, enhanced livelihoods and
democratic participation. The perceptions adduced by the
Commission during its hearings indicate that Sierra Leoneans
yearn for a principled system of governance. They want a system
that upholds the rule of law over the rule of strong patrons and
protects the people from the abuse of rulers through a system of
checks and balances. They wish to see horizontal and vertical
accountability through the effective operation of such
institutions as the judiciary, the auditor general's office, the
electoral commission, the media and civil society."
We also see this in another section of the
report - Weakening of the National
Judiciary System
"The judiciary has
not been independent for the past two decades. The executive arm
of government was directly involved in the judicial processes,
which invariably inhibited access to justice. Backlog of cases
became the order of the day as the courts became overcrowded
with cases. "Justice delayed is justice denied". People were
held custody for long periods without trial. Most Magistrates
and judges were accused of being notorious for bribe taking and
were known to have adjudicated matters in favour of their
clients. The instruments and structures used by the judiciary
were and are still obsolete. Most of the laws are not in
consonant with international standards and therefore only
protected the political aspiration of the ruling party."
We would again remind
the rat and his legion of vermin passing themselves off as
constitutional experts and journalists of a part of the APC 2007
Manifesto presented to the people.
"In every nation today, the principles
of transparency and accountability and the elimination of corrupt
practices are generally recognized as indispensable attributes for good
governance. An APC government will ensure the strict adherence to these
principles and practices, and will subject itself to an African Peer
Review Mechanism (APRM) and any other international benchmarks.
Under the principle of separation of
powers as provided for in our national constitution, the Sierra Leone
Parliament has, in the last ten years, clearly demonstrated an inability
to exercise its functions as an institution distinct from the
executive.
Unfortunately, executive interference,
coupled with the pursuit of political party interests have clearly
undercut the constitutional role of the legislature..."
|