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Since President Dr Julius Maada Bio came to power in April 2018, significant reforms have taken place in the Judiciary. Magistrates and Judges no longer wait for orders from above to determine matters before them. The days when judgments and rulings of courts were dictated by State House are gone.
Patriotic Sierra Leoneans are still celebrating the signing of the MCC Compact between the Sierra Leone Government and the Government of the United States of America. The signing of the MCC Compact by the Sierra Leone Government has seen a significant increase in diplomatic engagements between the Sierra Leone Government and its Western partners like the European Union.
Under President Bio’s leadership, donor partners have made significant commitments to the full implementation of the Justice Sector Reform Strategy (2024-2030). The aim of the Justice Sector Reform Strategy is to increase access to justice and safeguard the rule of law.
Justice Babatunde Edwards who served as Chief Justice of Sierra Leone from 2018 to December 2023 played a pivotal role in restoring the credibility of the Judiciary. To some extent, he maintained the credibility of the Judiciary much to the admiration of donor partners like the UNDP.
The Matter Of Jihad Basma & 2 Others
Jihad Basma (a registered diamond dealer and exporter based in Kono) and two others are facing Preliminary Investigation in the Magistrate Court presided over by Magistrate Santigie Bangura. On 29th August, 2024 they were granted bail by Justice Momoh Jah-Stevens JA of the High Court. The bail conditions were met and all three accused persons were released from custody at the Pademba Road Male Correctional Centre.
The matter is progressing in court. The accused persons have been attending court sittings regularly. All their traveling documents have been surrendered, they are not allowed to leave the country and they are required to be reporting twice every week to the Master and Registrar.
Prosecution Witnesses have started testifying in the matter and they have been cross-examined by the defence counsel representing the accused persons.
In a dramatic turn of events, Justice Momoh Jah-Stevens JA on 2nd October, 2024 rescinded their bail and ordered for them to be kept in custody until the Preliminary Investigation in the Magistrate Court is concluded.
Inconclusive Negotiations
Three prominent indigenes of Kono district were asked to mediate in the matter between Jihad Basma and Benjamin Marrer. Marrer claims to be the owner of the alleged stolen diamond from Kono.
The lead negotiator is a highly-respected traditional leader. He is a Paramount Chief in Kono district and Chairman of the National Council of Paramount Chiefs in Sierra Leone. He is Chief Sheku Amadu Tejan Fasuluku Sonsiama III assisted by Mr. Prince Saquee (the diamond dealers President) and Hon. Saa Emerson Lamina who happens to be the Chairman of the Parliamentary Sub-Committee on Mines and Mineral Resources.
The negotiators first met with both parties separately and later met with their representatives jointly. Jihad Basma was represented by a cross-section of the Lebanese community in Sierra Leone including his uncle Fouad Ayoub.
The main aim of the negotiation was to settle the matter out of court. Diamond cases are normally settled through negotiations. They hardly go to trial.
Offers were made by representatives of Jihad Basma. All they wanted was for this matter to be resolved peacefully without any further rancor or fanfare.
It is reported that, one of the representatives of Banjamin Marrer called KLM was (and still is) insisting on the payment of US$42M for the alleged stolen diamond.
Efforts made by PC Fasuluku to resolve the matter peacefully did not produce the expected outcome. Negotiations broke down. The matter was allowed to proceed in court.
Pressure On Jihad Basma
Jihad Basma is being pressurized or coerced into settling the matter with Benjamin Marrer. Jihad Basma still insists that, he did not buy the alleged stolen diamond for which he has been charged to court. Jihad Basma has always insisted that, he has faith in the judicial system and still wants the matter to proceed in court.
According to family members, Jihad Basma is still desirous of settling this matter out of court if that is the convenient way for him to regain his normal life and resume his diamond business in Kono.
Undermining The Credibility Of The Judiciary
The twists and turns in the granting of bail and rescinding of same is eroding confidence in the judicial system.
Justice Momoh Jah-Stevens JA is a highly respected Judge in this country. He is considered to be forthright and fair-minded. Having gone to Mecca to perform the Hajj (Pilgrimage), Justice Momoh Jah-Stevens is expected to remain a God-fearing man. He should not allow any politician to mix up his mind.
Last Word
We still insist that, Jihad Basma is presumed to be innocent of all the charges brought against him.
It must be borne in mind that, in a trial, no person can be considered guilty of a crime until he or she has been found guilty of that crime by a court of law.
The credibility of the judiciary is hanging in the balance in this particular matter. The Acting Chief Justice, the highly-respected Justice Nicholas Browne-Marke should ensure that, justice is not only done in this matter, but it is seen to be done.
May common sense prevail!
