Post a comment
Since assuming office, President Bio has appointed five individuals to the role of Attorney General and Minister of Justice – Charles Margai, Dr Priscilla Schwartz, Anthony Brewah, Mohamed Lamin Tarawalie, and now Alpha Sesay. This office has seen more turnover than any other ministry in his administration, leaving many wondering why this is the case.
Yet, despite the frequent changes, not much has changed. Even when some of these individuals introduced reforms, the tangible impact on the justice sector has been minimal. The delivery of justice remains fraught with challenges, and public confidence in the system continues to erode.
Take, for instance, the enactment of the Criminal Procedure Act (CPA) 2024. Although heralded as a transformative piece of legislation, one of its most controversial provisions—the abolition of jury trials—was introduced with little or no public consultation, raising concerns about transparency and inclusivity in the legislative process as well as with fair trials.
Prior to this, the justice sector had already been plagued by a series of troubling incidents. These included the arbitrary detention of opposition members, the arrest and detention of lawyers, the fracturing of the Sierra Leone Bar Association, and the unprecedented action by an Attorney General permitting the police to violate lawyers’ constitutional right to assemble.
The position of Attorney General and Minister of Justice is unlike any other in government. As the principal legal adviser to the state, this office carries the profound responsibility of protecting the rights and freedoms of citizens. It is, arguably, the most critical role in upholding the rule of law. For this reason, the office must be fiercely independent and nonpartisan.
Regrettably, however, successive Attorneys General have fallen short of this ideal. Despite their best intentions, they have succumbed to political pressure, allowing themselves to be wielded as tools of political expediency.
This recurring failure highlights a deeper systemic issue – How can the Attorney General and Minister of Justice be expected to represent the public interest when they also serve as a member of the Cabinet, sitting as the Minister of Justice? This dual role creates an inherent conflict of interest, making it nearly impossible for the officeholder to be both impartial and effective.
To restore integrity to the administration of justice and place the public interest at its core, it may be time to rethink the structure of the office itself. Separating the roles of Attorney General and Minister of Justice could provide a much-needed buffer against political interference. While this would not be a panacea, it would be a critical first step towards ensuring the independence of the office.
Until then, we can only hope that the newly appointed Attorney General and Minister of Justice, Alpha Sesay, will rise to the occasion, break the mould and carry out his duties with integrity, impartiality, and an unwavering commitment to justice. The people of Sierra Leone deserve nothing less.
