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Chief Justice Desmond Babatunde Edwards has on behalf of the Judiciary of Sierra Leone, received a study report titled “Strengthening Governance and Accountability Processes in Sierra Leone”, launched and produced by the Centre For Accountability and Rule of Law (CARL), inย partnership with the Institute of Governance Reform (IGR). The study report is a Review of Administration of Electoral Justice in Sierra Leone: Challenges and Opportunities for Reforms.
Speaking at the report launch held at the Chamber of the Chief Justice on main Law Court Building, Siaka Stevens Street in Freetown, Lawyer Ibrahim Tommy, Executive Director (CARL) thanked the Irish Embassy for the technical and financial support. CARL and IGR are primarily implementing the project that seeks to support governance systems in Sierra Leone.
The broad objective of the study, according to Mr. Ibrahim Tommy is to provide an assessment of the legal and structural environment for the effective administration of electoral justice in Sierra Leone. The study also seeks to actually access the capacity of existing electoral justice mechanism, and made recommendation for reforms that hope will expand the opportunities for addressing the electoral justice dispute in Sierra Leone.
โThrough this effort, we want to help build and strengthen an electoral justice environment and eco-system that resolves election- related complaints than to fully comply with the law and to help democracy in Sierra Leoneโ. The right to vote, Ibrahim Tommy opined, is not only a corner stone to democracy, but a right in both National and International Law.
He said Electoral justice has a fundamental role in the continual process of Democratization and serves as a catalyst for the transition from the use of violence as a means of resolving political conflict to the use of lawful means to arrive at a solution and outcome.
The report, Tommy noted, identified the common causes or sources of electoral complaint in Sierra Leone and also to discuss how the inadequacies in our electoral justice mechanism which includes; the Judiciary, Sierra Leone Police (SLP), Electoral Commission of Sierra Leone (ECSL) etc, and how these institutions undermine access to Justice and ease the impact of a peaceful and transparent electoral process.
He called on the institutions concerned to respond to the ongoing challenges that undermine efforts to access electoral justice in the last electoral cycles of 2007, 2012 and 2018 which persistently present challenges, he said, that can be overcome ahead of the 2023 elections.
The report`s recommendation made to the leadership of the Judiciary led to the selection of the Chief Justice to present the report. Importantly also, Mr. Tommyย believes that there is a role for alternative electoral dispute resolution mechanisms which is why there is need to invest lot more in such institutions that hold the genuine potential for providing such services, like the Council ofย Churches in Sierra Leone (CCSL) and others.
Receiving the report from the Ambassador of Ireland, H.E. Claire Buckley, Chief Justice Desmond Babatunde Edwards said It gives him great pleasure to receive the report, which according to him, is good for us in the Judiciary to be receiving this report though it is coming a little bit late, but` better late than neverโ.
โWe received it whole heartedly and we are happy to receive the report, even before receiving this report we had other reports made to us and because of those reports, we had several changes in so far as this electoral cycle is concerned. For instance, we have developed the Electoral Petition Rule 2022, the Public Election Act of 2022, and host of other reforms that had been put in place, and presently had already been the Constitutional Instrument which should be presented on the setting up of a Petition and Electoral Offences Court.
All that is in preparation for the 2023 election, Edwards said, will be developed in this booklet to see areas we need to do reforms, and what is possible for us to do, we do even though it is coming at this time.
Chief Justice Edwards expressed appreciation for the Irish Aid support to CARL and Sierra Leone government as it is aiding the democratic process of Sierra Leone. โWe need a fair and democratic process in Sierra Leone and this will help us going forward in doing thatโ.
The presentation of the report to the Chief Justice informed the audience a lot that they are expecting a lot from the Judiciary.ย โBe rest assured, we will perform well, and in an atmosphere in which people will commend us for doing our work,โ Chief Justice Desmond Babatunde Edwards assured.
The issue of a speedy hearing in so far as electoral justice is concerned, Edwards said is a matter which involves two sides, the position of the Judiciary to date is that it is direct and it cannot be mandatory. Petition matters are being handled within time, and delay in most petition cases has to do with objections coming from Counsels during sittings and in the process to listening to those objections time will run and at the end the petitioner losses despite him or her coming before time.
โAllow us to do our work in bringing justice, and as we enter into the 2023 cycle everybody will go home satisfied that justice in one way or the other is done,โ Chief Justice Desmond Babatunde Edwards re-assured.
In her Statement, the Ambassador of the Republic of Ireland to Sierra Leone H.E. Claire Buckley said the official launching of the report on the Administration of Electoral Justice is important and came at the right time given the critical role of the Judiciary in the electoral process in Sierra Leone.
She commended the Judiciary of Sierra Leone for the tremendous progress in improving access to Justice for Sierra Leoneans across the Country, especially for women and girls. She also noted the efforts that are already underway and those that are foreseen which are aimed at strengthening the administration of electoral justice in the current electoral cycle.
These include the establishment of electoral courts, training of Judges and the development and review of rules of court for elections.
Ambassador Buckley noted that open and democratic political systems and inclusive societies that respect human rights are important for good governance, economic growth and long term stability.
Electoral justice and election related disputes have become a major area for democracies like Sierra Leone. Recent research, according to H.E. Claire Buckley indicates an increasing level of competition for political power, and as these competitions heighten there are likely to be electoral disputes at all stages of the electoral cycle, which in some instance these electoral contestations have spilled over into violence.
The report, she said is part of Irelandโs overall support to the conduct of peaceful, credible and inclusive elections in 2023.
Representatives from ECSL, CCSL, Political Parties Registration Commission (PPRC), Human Rights Commission of Sierra Leone (HRC-SL) and Office of National Security (ONS) commended the report.
