Sierra Leone’s judiciary undergoes tremendous transformation

Contributed

The Judiciary of the coastal West African State of Sierra Leone is undergoing tremendous transformation under the current Chief Justice Babatunde Edwards (photo).

This transformational process initiated by the Chief Justice has enhanced the effective capacity of the institution.

Since his appointment by the President Julius Maada Bio, the Chief Justice has introduced lots of reforms and introduced initiatives that have enhanced the creation of a new face for the Judiciary.

Sierra Leone, which was declared by the British as a crown colony in 1808, has turned out in history to be an experimental state of colonial civilization in Africa, being the first to benefit from so many development initiatives and inventions introduced during the colonel era. The legal system of the country , which is one of the colonial introductions, is modeled on the British legal system and is a combination of the British common laws, statutory laws, many of which were enacted during the colonial period, and Sierra Leones’s customary laws.

The Law Courts Building, which now stands as a symbolization of the country’s judiciary, is believed to have been built around the year 1910. It now houses the higher courts of judicature and the judicial administration offices. It is one of the structures that has been completely transformed by the Chief Justice. The building has been rehabilitated, repainted and its courts and offices refurbished. Staffs have been equipped with computers and other necessary equipment needed to enhance the expedition of service delivery. A new building has been constructed for the storage of exhibits which in the past were not stored in a safe place.

One of the biggest challenges the Judiciary was facing in the past was meeting the demands of people in terms of expeditious adjudication of cases. There were not enough magistrates to serve in the fourteen districts in the provinces and the two districts in the western Area (Freetown the capital and the western Area Rural District just outside the capital).

Under his tenure eleven new magistrates have been recruited and posted to different parts of the country including the newly created district of Falaba in the north. He has ensured that wages and accompanying emoluments of all judges, magistrates and support staff in the judiciary are increased to increase motivation of the staff, a venture which is aimed at improving the output of the judiciary.

In the upper judicature of the Judiciary more judges have been recruited. Each district in the country now has a judge to handle cases within their jurisdiction. In the past parties to cases at the High Court had to travel from one district to another— numberless times. It subjected them to much expenditure and suffering and had to cope with transport constraints and the numerous adjournments of cases. The courts themselves were overloaded with cases because they had to contend with the influx of cases from neighbouring districts. However, this is now a thing of the past as each district now has a magistrate and a judge who are equipped and capacitated to handle such challenges.

Also, because of the legal challenges faced in adjudicating cases coupled with the obsolete laws inherited from the colonial masters, (many of which need to be reviewed) the Chief Justice saw the need to conduct intermittent trainings at the Legal Training Institute in Freetown. It has greatly helped to improve the legal and administrative capacity of all judiciary staff including support staffs like clerks or registrars, bailiffs and others.

In order to achieve in capacitating the judiciary staff the Chief Justice has ensured that the Legal Training Institute is fully utilised in the transformation process. In addition, workshops or seminars are also intermittently conducted for judges, magistrates and all staff (most times separately) of the judiciary.
Gone are the days when those attending jam- packed courts had to contend with overbearing heat as the courts are now equipped with air conditions and better furniture.

In the past there had been numerous complaints on length of time of cases were before the courts and on the hassles, defendants underwent in getting bail. In reducing the length of time cases are before the courts, apart from recruiting new magistrates, the Chief Justice has also made it a policy that time frames are set up for summary cases tried by magistrates and for felonies which they commit to the High Court.

The enactment of the Bail Regulation 2018, which made it mandatory for magistrates to grant bail for cases before them, has greatly enhanced the decongestion of prisons around the country. The Chief Justice is reported to be travelling around the country to ensure that his new policies are implemented.
The nation is experiencing an alarming increase in sexual offences and gender-based violence. This is paralleled with the rising corruption rate in the country. The Chief Justice has set up separate courts for this type of offences There are now special courts for sexual offences and courts for corruption offences. They have greatly enhanced speedy trials for such crimes.

The Chief Justice is also reported to be establishing Small Claims courts across the country. In the past, the High Court became inundated with cases related to rents and monetary transactions., all of which overwhelmed the caseload of the High Courts. The establishment of these courts is aimed at taking care of this problem and they will handle cases relating to transactions below fifty million Leones.

This transformation process initiated by Mr. Edwards has helped to create a new face for the country’s judiciary. A legal luminary jokingly says (but true) that Hon. Babatunde Edwards should say Veni, vidi, vici ( I came, I saw, I conquered). Indeed, he came into the judiciary, which was beleaguered with problems, he saw the problems handicapping the institution but has conquered them by transforming the institution.