Former boss of the Political Parties Regulation Commission (PPRC), Abdulai Bangura may head the judiciary, a reliable source has told this press.
Justice Bangura was recently appointed Supreme Court Judge, and will be the third to take Chief Justice’s seat after the current government took over power in 2018.
The move, according to the source, is to restore public trust and confidence in the country’s third arm of government which many say has lost the admiration of many Sierra Leoneans.
Justice Bangura, for several years, was head of PPRC, a body that regulates political parties in Sierra Leone.
In his capacity as PPRC chief, he received accolades from members and supporters of the ruling Sierra Leone People’s Party for ensuring sanity in the country’s political landscape by keeping political actors within legal confines.
The absence of political rallies during campaigns in June, 2023 polls helped in maintaining sanity in the country although it was bashed at by a great many Sierra Leoneans.
For members and supporters of various political parties, rallies are part of the electioneering system and must be kept intact. They add to the beauty of the democratic system for which the country known globally
Outside the ruling party, the ex-PPRC boss enjoys little praise saying he had been supportive of the ruling party.
APC Supporters kicked against the move to curtail active politicking by taking rallies off the streets, a platform for interaction and sharing political information and ideas.
In spite of the arguments from the con and pro sides, it is hoped that the judiciary will be better under a new leadership.
The judiciary recently has been grappling with challenges of weak cooperation from members of the public owing to suspicion of taking sides with the powers that be especially in matters that touch government’s interest.
The acceptance of SLPP’s petitions filed against 16 APC parliamentarians in the aftermath of the June 24, 2023 elections and rejection of those of the APC raised a big cloud of suspicion on the country’s judicial institution.
SLPP alleged that APC’s newly elected parliamentarians collected salaries from the Consolidated Fund while running for the parliamentary seats, and that others also involved in political violence.
The allegations were precursors to the eventual removal of 10 APC parliamentarians from their seats by the courts.
Six managed to have a way through, and one of the 10 parliamentarians, Khadijatu Davies later returned to parliament in a tightly contested re-run election while the nine remained in the political wilderness.
Among the nine was Kemokoh Conteh who was dropped out of the legislative for wide political violence during campaigns according to one of the presiding judges.
Prior to his removal, Conteh initially represented one of the constituencies in the Western Rural district, and the worst part of government’s action was the swearing in of SLPP runners-up as lawfully elected members of parliament instead of going in for a rerun election as lawfully provided.
Suspended Clerk of Parliament, Umar Paran Tarawally was the man in charge of the swearing-in ceremony.
The court’s move was seen by many as a travesty of justice as it allegedly flouted major provisions of the Public Elections Act, 2022 which provides for a rerun of the election where a petition is upheld by the court.
The courts also failed to restrain armed policemen from attacking APC’s headquarters at Brookfields community in Freetown after handing down the verdicts.
APC’s petitions filed against SLPP was however ignored and others beaten and dragged out of parliament on the clerk’s order. The judicial machination, according to political analysts, was to have an imposed Speaker preside over parliament, and it came to pass.
On the opposite side, APC’s petitions were rejected outright by then Chief Justice Desmond Edwards by failing to empanel judges to sit on the political controversies.
The judiciary also came under the spotlight in 2023 very close to the elections when the Electoral Commission for Sierra Leone (ECSL) pronounced a Proportional Representation (PR) also known as the District Block system of elections instead of the legally recognised constituency model.
A verdict handed down by the Supreme Court was bitterly opposed by the public arguing that there was no condition warranting the use of such model.
Brilliant arguments put up by one of sub-Sahara Africa’s top lawyers, Dr Abdulai Osman Conteh never created a turn-around.
Conteh who was one-time Attorney-General and one of the framers of Sierra Leone’s constitution argued that ECSL was not the right agency to change an election mode as such power rests with parliament by way of primary legislation.
He also submitted to the judges that two conditions must inform the conduct of the elections on the PR model: a date for an election has been announced, and there are no constituencies.
But, in the case then, a date for the polls had been announced, and there were constituencies.
Many expected that such argument by such erudite lawyer should have caused the court to consider otherwise, but stood on their grounds relying on the section 38 of the Constitutional Amendment Act, 2001.
Left flabbergasted with the court’s verdict, Dr Conteh says “it is a sad day for the rule of law in Sierra Leone.”
The verdict came amid tough criticisms from ECOWAS parliament which maintained that the rules could not be changed in the middle of the game.
The seeming absence of neutrality in the judiciary made APC take alternative options of an Election Investigation Committee (EIC) instead of going to the Supreme Court after last year’s general elections.
The EIC will look into alleged electoral irregularities and make recommendations to the President for implementation.
Perhaps, one would also argue that the judiciary acted in like manner under the APC regime as seen in the verdict handed down in the case of former Vice President, Chief Samuel Sam Sumana.
The former Vice President was sacked by former President Ernest Bai Koroma who invoked the supreme executive authority powers vested on him by the constitution.
Sam Sumana was sent out of the Office of Vice President following his dismissal from his party, APC for anti-party activities.
The act was however seen by lawyers including Dr Abdulai Conteh as unconstitutional, but the judiciary upheld the President’s action.
Sections 50 and 51 of the constitution which touch on the physical and mental incapacity of the Vice President form the basis for an impeachment as the only way to remove him.
The argument was supported by Dr Conteh’s article which was published in one of the local tabloids.
The media publication which bitterly opposed the then President’s move was used by one of the plaintiff’s lead lawyers, Leon Jenkins Johnston, but the Supreme Court, under Valecious Thomas, acted in support of government’s action.
The lapse of Sierra Leone’s judiciary in respect of the Sam Sumana verdict was laid bare when the ECOWAS court overturned the verdict.
With Justice Bangura taking over the Judiciary, past errors might be corrected.