by ibakarr | Feb 14, 2023 | Press
Freetown, 14th February, 2023: More than five years after two Ebola survivors and the Centre for Accountability and Rule of Law (CARL) filed a suit against the Government of Sierra Leone, the ECOWAS Court of Justice yesterday held a hearing on the merits of the case. Despite the Sierra Leonean government’s request for yet another adjournment, the Court noted that the hearing was long overdue and that it needed to make progress in the matter.
Counsel for plaintiffs, Oludayo Fagbemi (Senior Legal Officer at the Institute for Human Rights and Development in Africa), summarized the plaintiffs’ case, stressing that Sierra Leone would have faced fewer Ebola deaths had the missing US$14M (as reported by the Auditor-General) been used appropriately by the Government of Sierra Leone. He argued that the Government mismanaged the available Ebola response resources, resulting in more infections and the loss of more lives. Counsel also noted that now, eight years after the Ebola crisis, the Sierra Leonean government has yet to prosecute anyone for theft or mismanagement of the missing funds.
Responding on behalf of the Government of Sierra Leone, Osman Kanu Esq. opposed the application of the plaintiffs, claimed that the Anti-Corruption Commission found nothing unusual with respect to misuse of Ebola funds, and that appeals into the Commission of Inquiry’s (COI’s) findings are still ongoing.
Shortly after it was elected in 2018, the Sierra Leone Government expressed willingness to settle this matter out of court. Unfortunately, despite several efforts over the last five years, the Government has failed to demonstrate the required commitment for a settlement agreement.
“It is regrettable that it took so long for this matter to be heard by the Court. I feel let down by the Government’s clear lack of commitment to its own publicly stated promise to settle the matter out of court. Ebola survivors have waited for more than five years to see this day. Glad that we’re finally making progress”, said Ibrahim Tommy, Executive Director of the Centre for Accountability and Rule of Law, the public interest plaintiff in this action.
“It’s a great feeling”, said one of the plaintiffs, adding that “Ebola victims suffered a lot. We came to court for justice. I am happy that the Court has finally heard from us. Whatever happens, this gives me great hope that future emergencies will be better managed”.
The Court will issue a decision by May 10, 2023. However, the presiding Judge indicated that the Court would be willing to recognize and adopt a settlement agreement before a judgment is delivered, if the parties present one to the Court.
For more information: Contact Ibrahim Tommy at ibrahim.tommy@gmail.com or +232 76 365 499.
Download pdf of Press Release here
by ibakarr | Feb 8, 2023 | Press
6th February, 2023
Ahead of the 2023 elections, the Centre for Accountability and Rule of Law – Sierra Leone (CARL-SL) today launched two projects that seek to support electoral justice and accountability for human rights violations and electoral offences during the elections. Essentially, the projects seek to advance efforts towards a peaceful and accountable electoral process. Funded by the Government of Ireland and the Open Society Initiative for West Africa (OSIWA), respectively, the projects seek to support speedy and fair resolution of election-related complaints, ensure accountability for human rights violations during the electoral process, and strengthen the capacity of law enforcement officers and alternative electoral dispute resolution bodies.
“When laws regulating public elections are deemed to have been breached or violated, it is critically important that those charged with the responsibility of enforcing and/or interpreting the law do so with fairness, professionalism and reasonable speed. That’s the only way we can reduce violence in elections and enhance public trust in the process,” said Ibrahim Tommy, Executive Director of CARL, adding that “these projects provide an opportunity for effective collaboration between CARL, its partners and state actors to address any issues that arise”.
Specifically, Irish Aid-funded project, which is part of a broader project coordinated by the Institute for Governance Reforms, will support the documentation of electoral complaints, and calls for the speedy resolution of such complaints by the courts and alternative dispute resolution (ADR) mechanisms. CARL will also raise awareness about electoral laws and processes, and undertake advocacy for the protection of civic space, including the right to freedom of assembly and freedom of speech. OSIWA’s funding will support the implementation of a project titled “Promoting a safe and peaceful electoral process through an accountable security sector”. As part of this project, CARL will document and produce reports on incidents of police brutality and politically-motivated violence, monitor proceedings before accountability mechanisms relating to incidents of police brutality, undertake advocacy for increased funding to oversight and law enforcement institutions, and contribute to empowering the capacity of law enforcement agencies.
A recent report by CARL on the administration of electoral justice concluded that elections in Sierra Leone are often characterized by incidents of politically-motivated violence, an inadequate and highhanded response by law enforcement officers, and delays in addressing electoral complaints and holding perpetrators to account. These projects will build on the gains made over the past two years as part of the Irish Aid funded projects implemented by CARL, the Institute of Governance Reform, and the Office of National Security. #THE END# For more information, contact Jeremy Simbo at +23276 672 841 or simbojeremy@yahoo.com
Download pdf here
by ibakarr | Feb 3, 2023 | Blog
3rd Februry 2023
STATEMENT BY CARL-SL ON THE SUPREME COURT DECISION RE CONSTITUTIONALITY OF THE PROPORTIONAL REPRESENTATION SYSTEM FOR GENERAL AND LOCAL COUNCIL ELECTIONS IN SIERRA LEONE
On the 27th January 2023, five Justices of the Supreme Court of Sierra Leone delivered a judgment in a case brought by two members of the main opposition All People’s Congress (APC) challenging the constitutionality of the proportional representation (PR) electoral system of voting for general and local council elections in Sierra Leone. The complainants had asked the court to declare that the president’s directive to the Electoral Commissioner ordering him to conduct the 2023 Parliamentary and Local council elections using the District Block PR electoral system was unconstitutional. They further asked the court to declare that it is unconstitutional for the Electoral Commission to use the District Block Proportional Representation System when “there are extant and subsisting constituencies”. The complainants also argued that the Proportional Representation System undermines democracy because it vests inordinate power in political parties, and deprives independent candidates from participating in the process.
In a unanimous decision read out by Chief Justice Desmond B. Edwards, the Supreme Court refused to grant the orders sought by the Plaintiffs, and held that the President was entirely within his rights when he directed that the general and local council elections be conducted using the PR electoral system. The Court disagreed with the Plaintiffs’ submission, and held that “constituencies have not been established in accordance with subsection 3 of Section 38” for the purposes of the 2023 elections. In other words, once a census has been conducted which shows population shifts and increases, the Court held that the Electoral Commission is required to delineate constituency boundaries. Unless such constituencies are delineated, the Court held that constituencies cannot be deemed to have been established for the purposes of the 2023 elections.
The Centre for Accountability and Rule of Law (CARL) welcomes the decision of the Supreme Court and accordingly notes the following:
- The judgment expands the space for public interest litigation in that it overturns a previous decision of the Supreme Court that held that only persons directly affected by an issue or action has locus standi, or the right to sue. The Justices held that as long as it is a matter of public interest, a plaintiff need not show that they are directly affected by an issue or action. This is a major step forward in our efforts to use the law to advance human rights and equity.
- The judgment also reinforces the power of the Supreme Court to hold the President accountable to constitutional limits. In disagreeing with the submissions of lawyers representing the State, the Justices held that nothing precludes the Court from exercising jurisdiction in relation to a question of whether the President has acted unconstitutionally.
- It is also worth commending the Court for resolving the complaint expeditiously and in a transparent manner. It took the Court 18 days after oral submissions were concluded to hand down the decision, which represents significant progress compared to the time frame within which previous cases were resolved.
- In addition, the decision was based on the substance, or merit, of the complaint. This is important because a number of election-related cases filed with the Supreme Court since 2012 were resolved or dismissed on technical grounds rather than on their merits. In an Irish Aid-funded report on the administration of electoral justice in Sierra Leone, delays in adjudicating election-related disputes, and a reluctance by the Supreme Court to resolve election-related disputes on their merits, were identified as the key challenges confronting the delivery of electoral justice in Sierra Leone.
Ahead of the 2023 elections, we are hopeful – and strongly urge the judiciary – to look into all election-related complaints based on their merits and with the same speed and transparency as the matter under review. CARL will continue to track and provide regular updates on all election-related disputes in Sierra Leone.
For additional information: contact ibrahim.tommy@gmail.com or +2327636549
by ibakarr | Jan 9, 2023 | Press
The Centre for Accountability and Rule of Law – Sierra Leone (CARL-SL) has welcomed the announcement of a five-member panel of Supreme Court justices to hear a complaint filed by two citizens of Sierra Leone against the use of the proportional representation system in the multi-tier elections scheduled for 24th June, 2023. A statement from the Judiciary said the Court will hold its first sitting on Monday, 9th January, 2023, which will be presided over by Chief Justice Desmond B. Edwards.
“When we urge citizens to use peaceful and legitimate means to resolve electoral grievances, we do so with an expectation that state organs and institutions would resolve such grievances in a speedy, professional and impartial manner,” said Ibrahim Tommy, Executive Director, Centre for Accountability and Rule of Law, adding that “It is gratifying that the Supreme Court will start hearing this matter barely a month after it was filed. This is a positive step forward in our collective advocacy for speedy resolution of electoral complaints”.
Read full text of press release here
by ibakarr | Nov 15, 2022 | Publication
In June 2022, the Centre for Accountability and Rule of Law (CARL), with funding from Irish Embassy, released a report that assesses the impact of the Development Cooperation Framework (DCF) or NGO Policy on civic space and the mandate of non-governmental organisations.
The report notes that although NGO actors understand the need for accountability and coordination in the sector, they reported that the DCF policy negatively impacts on their work in a number of ways, and recommended that the policy be reviewed in a consultative and transparent manner to allow for a
The report, which was commissioned with the support of Irish Embassy in Sierra Leone, presents an assessment of the impact of the Development Cooperation Framework (DCF) on NGOs and CSOs after two years of implementation by the Government of Sierra Leone through the Ministry of Planning and Economic (MoPED). It also discusses the implications of retaining the policy for NGOs/CSOs working in Sierra Leone.
