By: Winstanley. R. Bankole. Johnson
Even well before the Truth and Reconciliations Commission’s (TRC) Reports adjudged them as bearing the greatest responsibility for our eleven-years carnage called “The Rebel War”, our Judiciary and Security Sectors were already notorious – with both sticking out like sore thumbs – for various arbitrary extra-judicial and unilateral aberrations that were believed to have triggered the war.
The TRC Reports were therefore mere icings on their separate “Cakes for Notoriety”.
The Police for:
– Barbarity on victims including sexual penetrations of detainees irrespective of gender
– Preferment of wrong indictments and acceptance of counter-actions and cross-indictments often on the same matters and by the same counterparties
– Arbitrary arrests and inordinate detentions of the indigents including for easily “bailable” offences on “orders from above”, in crammed and unhygienic conditions. This practice was so rife that it was soon open to abuse by even officers of the lowest ranks with mercenary intentions. The more unsanitary the detention locations, the higher the amount extorted
The Judiciary for nearly the same reasons in addition to :
– Bail refusals leading to overcrowding of Prisons
– Inordinate delays of trials to the detriment of victims – especially those deemed to be at variance with the sitting governments.
Incidentally the timeline of three (3) months for delivery of decisions (Rulings) applies only to decisions and rulings of the High Court – Ref. Sec. 120 (16) of our 1991 Constitution. And that three (3) months rule further applies only to “…..after conclusion of the evidence and final addresses or arguments of the appeal (matter)”. Meaning possibilities exist for cases before our superior Courts to be adjourned and protracted for as long as any malleable and fickle minded Judge deems necessary to the detriment of accused persons.
– Failure by the offices of the Attorney General and Minister of Justice/the Director Public Prosecutions and or the Anti-Corruption Commission to file correct indictments or to indict the correct culprits for purely political reasons thus warranting the re-phrasing of indictments and charge sheets mid-stream litigations
– Refusal by presiding Judges of applications for additional witnesses or recall of witnesses critical to submissions of defense counsels
Red Flag
To be fair the above characteristic traits of notoriety applicable to both the Judiciary and the Security Sector transcends political dispensation, all the more reason why the Rebel War did not assume tribal or religious dimensions. Suffice it to say however in the past five years of the outgoing Bio-led SLPP misrule, justice dispensation would appear to have so deteriorated that major international partners including the US and British governments, the European Union and even the Amnesty International have been compelled to occasionally raise the Red Flag in their separate condemnations that by their disregard for adherence to the rule of law and constitutionality, both the Judiciary and the Security Sector have sunk to their nadir.
“Weaponized”
Within the same timeline the Police in particular have unenviably notched themselves lower for barbarity with their introducing a new detention and Torture Camp called “Benghazi”.
Allegations of consistent maltreatment of detainees within Camp “Benghazi” and other detention centers continue to be strenuously denied by the Police top brass even with abundant social media evidences. Regrettably none of those allegations have to date ben publicly investigated or officially denied.
Following the Lunsar Riots, former Police Inspector General (IG) Ambrose Sovula was alleged to not only have expressed his deep disappointment on arrival at the scene that he was seeing only two corpses arising from the melee, but even regretted that the body count was not higher.
So could it be that the very Police whose sacred duty it is to safeguard lives and properties have in the last five years and particularly under the watch of former IG Sovula had been empowered and “weaponized” against opposition elements?
Even the manner of Security Sector interventions into public disorders vary with the locations, with more highhandedness and higher loss of lives and properties evident in the North-West than would ever be recorded in the South-East
Pundits believe as well that as with the Police, the Judiciary hasn’t done much to improve on their own perception or grading by both the public and the international community at large, and that the question about whether that institution too has been or is being “weaponized” against citizens – particularly against opposition party elements remain germane – when you consider that:
– This year alone two separate injunctions were slammed by one and the same institution by two separate Judges of the same rank and against the same defendants to wit the All People’s Congress (APC) Party regarding the holding of their National Delegates’ Conference (NDC) in Makeni.
One High Court Judge approved for the NDC of the Party to be convened, whilst another High Court Judge subsequently issued another/separate order “injuncting” the same APC not to proceed with their NDC. What was more eerie was that the second restraining injunction was not rescinded or lifted account of a successful outcome of any appellate decision, but by the same High Court Judge that had slammed it. And further curiously still all of that happened within forty-eight hours!!!
– It is no coincidence that the leadership of the APC, Coalition For Change (C4C) and Unity Party (UP) are unanimous in their respective suspicions of government’s influences and possible abuses (if not misuses) of the judicial systems to silence critical opposition Parties by frustrating them from proceeding with the respective NDCs on schedule.
Such suspicions also persisted when a bail previously granted to a defendant that should be presumed innocent until proven guilty was inexplicably and indiscreetly withdrawn by a Court in manners that could prevent him from exercising his democratic rights.
– The utterances of the Anti-Corruption Commissioner Francis Ben Kelfalla during the “locus in quo” visit to the SL Chancery site in New York that (and quoting him): “Now we are going to fast track this trial….” (or words to that effect) opened skeptics into reading too deeply about the independence (or lack of it) of the Presiding Judge in that matter, or whether the prosecution having presented their case still can manipulate outcomes or further still, whether the ACC Commissioner previously had a hand and say-so to have been deliberately stalling the matter but that he was now “resolved” to use his influences (if any over the Judge) to fast track closure thereover, when in fact he is not the presiding Judge.
In a variety of ways many a layman who had conjectured that that statement of the ACC Commissioner was out rightly contemptuous were left disappointed when the Hon. Judge chose not to have taken him to task.
Cow-Towing
Truth be told in the ensuing years since documentation of the TRC Reports, public perception of both the Judiciary and Security Sector has neither changed nor improved and if anything, the politicization or a state capture of key government ministries departments and agencies (MDAs) which is now the vogue has rendered their services delivery dysfunctional.
Various MDA heads now prefer cow-towing the “Executive” instead safeguarding public trust and confidence through a rigid observance of their codes of ethics. And one reason many are attributing for this malaise is a failure by successive political dispensations to have fully implemented all the recommendations contained in the said TRC Reports, particularly in areas of separation of powers and respect for institutional independence and authority – irrespective of whether or not ultimate authority to appoint or dismiss functional MDA Heads and Supervisory Boards rests with the “Executive”.
Eligible Candidates
On the foregoing account two persons that are looking as not only unfit for purpose but could one day emerge as the most eligible candidates for indictments as bearing the greatest responsibility for “Crimes against humanity and War Crimes” in the event the present divisive and patently toxic political climate degenerates into another carnage all on account of their overt negligence or dereliction of duty are the Political Parties’ Regulations Commission PPRC and its Chairperson, Abdulai Massianday Bangura Esq. Both would seem to be displaying profound biasness and partisanship akin to covertly safeguarding the interest of only the outgoing SLPP administration of which the latter is alleged to be a Card Carrying Executive member, than acting as the impartial referee that they are supposed to be.
A few of such evidences abound as follows:
– Within a week of their receiving complaints from the SLPP of provocative song lyrics against their Party and Leader President Bio, the PPRC were swift to have (a). Written to caution the APC against further breaches – even though they full well know that the APC Party has no copyright or distribution rights over such musical songs (b). Reminded the APC to show respect for the person of President Bio particularly as the Leader and Presidential candidate of the SLPP quoting Sec. 39 of the PPRC Act as revised in 2022 and (c). Levied a fine of Le120Mio on the APC for further breaches.
That fine was the first of many to come to deliberately fast track the bankruptcy of the APC Party as would render it dysfunctional in a variety of ways that the Judiciary and Security Sector have not been able to achieve.
– The laws have not changed, but SLPP leadership, membership and sympathizers have done and are doing much worse to the Leader and Presidential Candidate of the APC Dr. Samura Matthew Wilson Kamara, yet the PPRC has neither uttered – let alone document – a single word of caution or restraint to the SLPP to reciprocate the same level of respect to Dr. Samura, nor would they dare to levy any fine on the SLPP for breaches.
– Further whereas the Police would seem to be over-protecting the SLPP Presidential candidate at every step of the way, the security retinue of the APC Leader and Flagbearer Dr. Samura Kamara is being severely and unfairly vetted, restricted if not curtailed by the day by the Police, including a restriction also being placed on the number of vehicles he could move around within his convoys. If this is not utter provocation and a recipe for chaos at a time when all political flagbearers are supposed to be ranking pari-passu, then I don’t know what else is.
– The PPRC Chair has failed to remind the Police IG of the new status of Dr. Samura Kamara as the Leader and Presidential candidate of the largest political party in the country since February 17th and to ensure all law enforcement and other institutions accord him and his followers undiluted and unfettered respect.
– Though the PPRC has said that they have out rightly banned political rallies throughout the country, it is affecting the APC only because physical and social media evidences abound of the SLPP openly rallying every day of the week throughout the country and celebrating with provocative song lyrics against Dr. Samura Kamara but with the PPRC looking askance.
The directives from the PPRC to the APC on the contrary is for them to restrict themselves to campaign rallies akin only to “Funeral-processions”
– At the launch of the “Progressive Alliance” between the National Grand Coalition (NGC) and the SLPP, the PPRC Chairman Mr. Bangura who is ethically constrained to demonstrate impartiality was unethically detailed to deliver a public statement that virtually “midwifed” an alliance that isn’t formally registered with the office of the Administrator and Registrar General, and between two distinct political entities registered in his books to operate independently of each other.
With our multi-tier elections barely sixty-five days away, the Judiciary, Security Sector and the PPRC must be seen to be working assiduously to make the political landscape level as would ensure those elections are Free, Fair, Transparent, Credible, Fully Participatory and Inclusive, failing which it will be difficult to convince anyone that they are not being “weaponized” by the outgoing “Executive” against dissenting voices.