By Expo Times Court Reporter

     RAIC Boss Dr Ibrahim Seaga Shaw

Bank Governor Dr Ibrahim Stevens

Hon Justice Adrian Fisher

In a significant legal victory for transparency and accountability, the Right to Access Information commission (RAIC) has prevailed in a landmark case against the Bank of Sierra Leone (BSL); the high court ruling, delivered by Justice Adrian Fisher on 26 May 2025, affirmed the Bank’s failure to comply with the provisions of the Right to access information Act, 2013.

The case originated on 30 December 2019, when journalist Martha Kargbo submitted a formal Freedom of Information (FOI) request to the Bank of Sierra Leone, seeking comprehensive data on the country’s foreign exchange history, on 7 January 2020, the Bank responded by directing her to its website, claiming the requested information was already publicly accessible.

However, after thorough review, Ms. Kargbo was unable to locate the relevant data and subsequently sent a follow-up letter on 13 January 2020 to notify the Bank, she received no further communication, as a result, she lodged a formal complaint with the RAIC on 30 March 2020.

Following an investigation, the commission found that the information in question was not available on the Bank’s website at the time, the Bank’s continued refusal to release the data led RAIC to issue a formal order on 17 December 2020, declaring non-compliance with the FOI law and imposing a fine of Le 70,000,000 (old Leones).

In response, the Bank of Sierra Leone filed an originating Notice of motion on 10 February 2021, seeking, a declaration that it had fulfilled its obligations under Sections 2 and 3 of the Right to Access Information Act, 2013; An order to quash RAIC’s ruling and the associated fine.

The matter was heard by Justice Adrian Fisher, with legal representation from R. Johnson Esq. for the Bank and A.S.A. Benjamin Esq. for the RAIC. After reviewing all submissions and court documents, the High court ruled in favor of the commission, the key points of the judgment included RAIC’s order was upheld, and the Bank’s claim of compliance was rejected;

The Bank was found in breach of its obligations under the Right to Access Information Act, the fine was reduced from Le 70,000,000 to NLe 40,000 new Leones, but the penalty was maintained; An application for an injunction to restrain the enforcement of the fine was denied.

Reacting to the ruling, RAIC chairman and Information dommissioner, Dr. Ibrahim Seaga Shaw, hailed the decision as a victory for freedom of information and the democratic rights of citizens to access public data, “this ruling sends a powerful message to all public institutions: compliance with the Right to Access Information Act is not optional. It is a legal duty, this is a triumph for transparency, accountability, and the rule of law in Sierra Leone”, Dr Shaw added.

Dr. Shaw further expressed appreciation for the judiciary’s role in strengthening the enforcement of the RAI Act, despite the delay in judgment; he urged all public authorities to fulfill their obligations under the 2013 legislation to avoid similar legal consequences.

Copy right –Printed in the Expo Times News on Monday, June 16TH, 2025 (ExpoTimes News – Expo Media Group (expomediasl.com)