The drama that unfolds in the supreme law-making institution, the parliament of Sierra Leone portrays the main opposition All People’s Congress (APC) as jittery and panic stricken about the State of Emergency (SOE) Regulations.
The regulations are now before parliament for debate and enactment after the SOE is now close to a year. The opposition’s fear has linkage with what they refer to as a high degree of incivility and brutality they suffered in the hands of the ruling party, the Sierra Leone People’s Party.
The main opposition formed the previous government, and seems determined to come back to the hot seat. Its determination to re-take power in the polls has rendered the party a target for intimidation and brutality by the ruling Sierra Leone People’s Party (SLPP) which seems ready for a second term.
Recent events of political violence and brutality hardly fade from the minds of many APC stalwarts and supporters. The Attorney-General, Mr Anthony Brewah is getting it hot with opposition parliamentarians in respect of the enactment of Covid-19 Regulations to bolster the SOE.
The AG is on record to have dodged many critical questions in parliament on the purported SOE Regulations. He blamed most of the flaws and errors in the SOE Regulations on his predecessor, Dr Priscillia Schwartz, one of those officials in President Bio’s Government that have exhibited sheer incompetency in her official capacity.
In most of his appearances before parliament, the AG always says he is not part of the drafters of the SOE Regulations, but the defence seems untenable as government is continuity.
The 1991 constitution of Sierra Leone is very clear on the principle of continuity in the governance of the state as it says a reference to a public official includes a reference their deputies, assistants and successors. Naked errors in the SOE Regulations compelled the leader of the main opposition, Chernoh Maju Bah to move a motion for their outright rejection.
Hon. Bah is of an informed opinion that the SOE constitutional instruments contravene section 23(7) of the Constitution Sierra Leone, 1991. The opposition leader argues that although the AG lacks the power to interpret the constitution, he is nonetheless the principal legal adviser to government.
“The AG should attempt to defend questions posed on constitutionality,” Hon Bah submitted.
Hon Bah is not alone in subjecting the AG and his SOE Regulations to thorough scrutiny. Other opposition parliamentarians too vigorously questioned the AG in respect of the Regulations to be enforced when approved.
A number of APC members and stalwarts have supported the stance taken by the APC in vigorously checkmating the AG to ensure that the right thing is done. The opposition parliamentarians drew their varied experiences on the eve of the proclamation of the State Of Emergency in April this year after the detection of the country’s index Covid-19 case.
During debates that ensued in parliament, the opposition subjected government to a number of critical questions in respect of how the SOE would be enforced. The parliamentarians were worried at that time on the grounds that the President exercised sweeping powers most times at the detriment of the citizens.
Fears of the opposition were allayed by parliamentarians of the ruling Sierra Leone People’s Party who made it clear that emergency powers of the Presidency would be exercised only for the campaign against Covid-19. Leader of Government Business, Matthew Nyuma assured APC parliamentarians that nobody’s fundamental rights and dignity would be tampered with in the enforcement of Covid-19 SOE until the virus is successfully combated.
APC parliamentarians were hoodwinked into government assurances, and voted overwhelmingly in the approval of the SOE. But, the assurances became rhetorics when government targeted APC members, supporters and sympathisers for unprecedented brutality. The scale of violence directed at opposition members during the SOE was without parallel.
The brutality of opposition members, APC says, is hardly seen anywhere. Most of the opposition members who spoke to this medium highlighted a number of instances that depict harassment and intimidation of APC officials. An APC stalwart (name withheld), told this press that most of the waves of arrest, detention and trials of APC officials is taking place in the emergency period.
He cited the Awareness Times Publisher and former Minister of Social Welfare, Dr Sylvia Blyden as one of the few victims of government brutality in the Covid-19 period. Dr Blyden was picked up at her residence at the Cockle Bay Community in Freetown few months back and held in police custody for close to three weeks.
Evidence reveals that reason for the arrest was never explained to her, a move that constituted breaches of the constitution of Sierra Leone, 1991 and the Criminal Procedure Act, 1965.
On the first day of her detention, Sylvia Blyden was held in police custody with hardcore male suspects, an act that also violated international rules and standards of police detention. Evidence that unfolded in a magistrate court in Freetown, it came out clearly that Madam Blyden’s womanhood was searched while in menstruation.
The alleged incivility to Sylvia while in custody transcended the bounds of civility as it represented the highest disgrace for women in Sierra Leone. In spite of the humiliation meted to the former minister, the case against her has been dropped by the state in the cloak of President Bio’s clemency.
Under international law standards, particularly the International Convention on Civil and Political Rights, 1966, Madam Blyden ought to be compensated for what she says an abuse of her fundamental rights. She heads for the ECOWAS Court for redress as the court is expected to determine the extent to which Sylvia Blyden’s rights were abused by the state.
In a related development, the APC official says, the wife of the detained former Minister of Internal Affairs, Isata Saccoh was subjected to similar degrading treatment while in a police cell. Several charges were slammed against her, but could not be proved, and she was later released without any form of compensation.
Several intermittent waves of arrest and detention of APC officials, he said, were effected in the emergency period, and the list could not be exhaustive. In the opposition strongholds, especially Freetown, police and army officers went on the loose and lorded it over opposition officials.
In lockdowns, several members of the public were subjected to constant intimidation and arrest and sometimes humiliation. In the Calaba Town community in the east of Freetown, residents there were humiliated by security operatives by forcing people to lie on the ground in the presence of their immediate families.
The actions of security operatives run contrary to the Constitution of Sierra Leone as it prohibits torture and any form of degrading treatment to the citizens.
However, regardless of the existence of laws that seek to uphold basic rights, civil liberties and freedoms of the individual, government trampled on them in the lockdowns with impunity.
No state official has been brought to justice in respect of the violations.
Police brutality of recent past has generated genuine fears in the opposition and is a cause for concern making it difficult for members of the opposition to easily accept such bills that come before them.