The recent announcement of Chief Justice Desmond Babatunde Edwards taking leave has raised eyebrows and sparked concerns, prompting former Sierra Leone Bar Association President, Lawyer Michael Basita, to question the circumstances surrounding this development.

The revelation, made through a letter disseminated on social media by the Secretary to the President, has given rise to a series of unsettling questions. While the letter designates Hon. Nicholas Colin Browne-Marke as Acting Chief Justice, in accordance with Section 136(1) of the Constitution, it remains silent on the specific reasons for Chief Justice Edwards’ departure.

“This leaves room for speculation and draws attention to a disconcerting historical pattern of Chief Justices proceeding on ‘forced’ leave, never to return. As I raise these concerns, it is imperative to consider the potential implications for the judiciary’s autonomy and the rule of law.”Basita said.

“The letter’s lack of transparency aligns with my longstanding worries about the adherence to due process, as outlined in Section 137(8), (9), and (10) of the Constitution. These sections provide a framework for the establishment of a tribunal to investigate the removal of the Chief Justice. It requires a two-thirds majority in Parliament to approve the removal based on the tribunal’s recommendations. The absence of such clarity in Chief Justice Edwards’ case is cause for concern.

“While the nature of Chief Justice Edwards’ leave remains veiled in mystery, there are whispers of relief within the legal community. Some critics have raised allegations of judicial tyranny, abuse of power, corruption, and victimization during his tenure. These allegations, if true, pose a serious threat to the rule of law and judicial integrity.”

Basita further questioned the constitutionality of Justice Browne-Marke, a retired judge appointed under Section 136(4) of the Constitution, serving as Chief Justice. “It is essential to address these constitutional intricacies to ensure the legitimacy of the acting Chief Justice.” She said.

“In questioning Chief Justice Edwards’ leave, my intent is not to prejudge the situation but to call for transparency and adherence to due process. The legal and judicial communities must prioritize accountability to uphold the integrity of the justice system. An investigation into the circumstances surrounding Chief Justice Edwards’ departure is crucial, not only for understanding the events leading to this development but also for preventing a repeat in the future.”