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By Tamba Eric Sourie, Chief Executive, (ICJR).

 

For over two centuries, Sierra Leone’s criminal justice system has stood at the crossroads of colonial power, political control, civil conflict, and reform. From the iron grip of British colonial law to the rubble of the civil war and the fragile resurgence of post-war justice, its evolution tells the story of a nation’s enduring struggle for accountability and fairness.

The formal introduction of English Common Law began in 1808 when Sierra Leone became a British Crown Colony. Colonial laws, codified and implemented without consultation, formed the basis of the justice system, as reflected in ordinances like the Supreme Court Ordinance of 1865.

The judiciary, staffed by colonial officials, primarily served settlers and colonial interests. In the hinterlands, indigenous communities were governed under customary laws through local chiefs, with criminal matters often excluded from their jurisdiction (Cartwright, 1970).

The Sierra Leone Police Force (SLP) was established in 1894 to maintain colonial order, not civil liberties (Bangura, 2010). Prisons were notoriously overcrowded, punitive, and devoid of rehabilitative programs.

Following independence in 1961, Sierra Leone adopted the Criminal Procedure Act of 1965, maintaining the colonial legal structure but with promises of national justice. However, under the long rule of President Siaka Stevens (1968–1985), these promises were eroded.

The establishment of a one-party state in 1978 marked the judiciary’s descent into political subservience. Courts became tools of political oppression, and opposition voices were silenced under the guise of legal process (Kandeh, 1992). The police and prison services, meanwhile, were increasingly politicized, with rampant corruption and abuse of power reported by human rights monitors.

The outbreak of civil war in 1991, led by the Revolutionary United Front (RUF), exposed and exploited the state’s fragility. Courtrooms were abandoned; magistrates, judges, and clerks fled for safety. Prisons were overrun, such as the 1997 destruction of the Pademba Road Prison by rebel forces (TRC Report, 2004).

Police officers, correctional staff, and court officials became direct targets. In regions like Kailahun and Kono, judicial services ceased entirely for nearly a decade. With the formal justice system inoperative, crimes such as rape, murder, and abduction went unpunished. The Truth and Reconciliation Commission (TRC) later described this period as a time of “total legal blackout” (TRC Final Report, 2004).

Following the signing of the Lomé Peace Accord and disarmament in 2002, efforts began to rebuild Sierra Leone’s shattered legal system. The Special Court for Sierra Leone, established jointly by the UN and the government, prosecuted key figures for war crimes and crimes against humanity.

Justice sector reforms included:

  • The creation of the Independent Police Complaints Board (IPCB),
  • The 2013 Correctional Services Act, which transformed the prison service into the Sierra Leone Correctional Service (SLCS), and
  • The establishment of the Legal Aid Board under the 2012 Legal Aid Act, providing access to justice for the indigent.

International support from the UK’s DFID, UNDP, and the Open Society Justice Initiative played a critical role in these reforms.

Despite progress, challenges remain acute. According to a 2023 report by the Sierra Leone Human Rights Commission, over 50% of the prison population consists of pre-trial detainees, some held for years without charge.

Police accountability remains limited. While community policing units and family support units have been established, public trust is eroded by frequent reports of excessive force and bribery (Amnesty International, 2022).

Judicial independence is also under strain, with magistrates facing political and logistical pressures, especially in rural districts.

Amidst institutional failures, the resilience of justice personnel stands out. Many police, court, and corrections officers continued to work during the war without pay or protection. In places like Bo and Kenema, retired officers recount how they improvised to keep peace and order when government systems collapsed.

“Justice was more than laws on paper, it became our personal responsibility,” said a former regional court registrar now retired.

As Sierra Leone approaches another election cycle, the call for deeper reforms grows louder. Civil society groups like the Centre for Accountability and Rule of Law (CARL) and the Initiative for Criminal Justice Reforms (ICJR) continue to advocate for:

  • Better funding of judicial institutions,
  • Full independence of the judiciary,
  • Human rights training for law enforcement, and
  • Digitization of court records to prevent case backlogs.

Sierra Leone’s criminal justice system, like the country itself, remains a work in progress. From colonial repression to democratic ambition, from war-time collapse to reconstruction, the system reflects the nation’s struggle to deliver justice that is fair, accessible, and enduring.

As the gavel strikes again in courtrooms across the country, it carries with it not just the weight of judgment, but the hope of a just society.

Copy right –Printed in the Expo Times News on Wednesday, May 28TH, 2025 (ExpoTimes News – Expo Media Group (expomediasl.com)

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