Study Notes On Sierra Leone Legal System

THE CONTENTS BELOW, ARE OBTAINED FROM DIFFERENT SOURCES, COMPILED AND FURTHER
RESEARCHED BY ABDUL GBLA AKA [MUTATIS MUTANDIS] AND PAPA KAY, LAW STUDENTS AT THE
UNIVERSITY OF MAKENI [UNIMAK]!!!!
HISTORICAL BACKGROUND AND DEVELOPMENT OF THE SIERRA LEONE LEGAL

SYSTEM
WHAT IS LEGAL SYSTEM?
Legal system is defined as a system in which human conducts are governed and subjected to the
governance of rules through institutions of the state. Such as, the police, the judiciary, the
parliament, the prison etc.
In other words, Legal System means the mechanism by which a state and the entire
citizenry engage in legal process in order to achieve justice in society. It is the
mechanism by which both the citizens and the government are governed by rules.
THE ORIGIN OF SIERRA LEONE LEGAL SYSTEM

The origin of Sierra Leone Legal System could be traced on three folds;
1. Pre-Colonial
2. Colonial
3. Post-Colonial.
PRE-COLONIAL PERIOD
Before the advent of colonialism, a period before 1787 when the areas now called Sierra
Leone was virtually controlled by its people through customary laws without any
external influence. During this period, there were nothing like provinces. It was a period
in which various villages existed under the authority of the chiefs or paramount chiefs
who were the custodians of customary laws. The chiefs administered these customary
laws in consultations with councils of elders, secret societal heads, the queen mothers,
the priestly officials. In order words, before colonialism, there was a MORAL ORDER this
moral order was seeing in the enforcements of customary law. Meaning, as far as
customary laws were concerned; each region in the country had its own distinct
customary laws. What is a customary law in the North-east or North-west might not be a
@ DISCLAIMER: THE CONTENTS ABOVE ARE OBTAINED, COMPILED AND FURTHER RESEARCHED FROM
DIFFERENT SOURCES BY ABDUL GBLA AKA MUTATIS MUTANDIS AND PAPA KAY,INCLUDING IDEAS FROM
ESQ. KARGBO THE LECTURER IN CHARGE OF SIERRA LEONE LEGAL SYSTEM AT THE UNIVERSITY OF
MAKENI!! GRAMMATICAL ERRORS ARE INEVITABLE!

customary law in the South-east. For instance, in the North-east or North-west, a

woman cannot stand for the position of paramount chief by virtue of customs while as in
the South-east, a woman can stand for the position of paramount chief. Another
instance is, one of the capacities for entering into a valid marriage, for parties in
question, there should not be in any way some degrees of consanguinity and affinity
[related or by blood relations]. That is, if the parties are blood related they should not
get married. If I marry to my cousin under the common law it is a void marriage. A
marriage is not a valid marriage under the provisions of the marriage acts 1949 to 1986
and also in section 11 of the Matrimonial Cause’s Act of 1973. But for some Ethnic
groups like the Mende by virtue of customary law, they have what is called as goateed
marriage [closed cousin marriage] where parties in question are allowed to marry
despite of the blood relation. This clearly shows that, each ethnic group has its own
distinct customs though they do overlap sometimes. Example, all customary marriages
are polygamous and they cut across the regions. Customary law marriages are based on
alliance whereas civil law marriages are a voluntary union. Before this time the consent
of the bride and groom was not required under customary law marriages, unlike now…..
[Sec 2 sub sec. 2, of the registration and customary law marriage and divorce act of
2009. Which states that? ‘Where either of the prospective spouses, not being a widow
or widower, is less than eighteen years, it shall be necessary for the parents to give
consent to the marriage and if the parents are dead or unable for any reason to give
such consent, then the consent may be given by the guardians of the prospective spouse
or spouses to the marriage, as they can be by virtue of custom. The provision of this Act
is in contravention with the provision of sec. 34 of the Child Right Act 2007 [the
minimum age of marriage 18 years]
The legal system of Sierra Leone during the pre-colonial period was entirely based on
customary law. Virtually, there was no parliament and courts despite the fact that an
organized customary law system was operated by chiefs and their courts which were
known as the chief’s courts. The system was operated from village to superior chiefs
later known as paramount chiefs. The chief during this period governed a set of rules as
there was nothing like law.

In this system, the paramount chief was the most senior chief followed by the section
chiefs and Town chiefs. Thus, whenever a dispute arose the town chief would be the first
to try settling the dispute, but if there was any dissatisfaction the matter will go to the
section chief onto the paramount chief on appeal.
However, even though this customary court system has existed before the advent of
colonial rule, it continued through colonial time and through independent. It is believed
that, the colonial period was meant to preserve the existing system while introducing a
new system.
THE CHARACTERISTICS OF CUSTOMARY LAWS

A- Reasonability
B- Flexibility and should be in existence with standing memorial
C- It mirrors the accepted usages of the people.
D- It must be universal and the people who are subjected to it must give their assents.
E- It should have a binding force.
F- It`s largely uncodified or unwritten
COLONIAL PERIOD
The new system was matched along the “British System.” This new system was brought
to Sierra Leone by the Early Settlers in 1787 through Graville Sharp termed as the
Temporary Regulations established in 1786 a year before their coming to Sierra Leone
Though these two systems operated alongside each other or side by side, there was an
improvement on the old system. The temporary regulations which served as a
constitution was in a quasi or miniature constitution [having some features of a
constitution] this constitution have the features of the general law [constituting common
law, doctrines of equity, statutes or imperial statutes].
In 1896 a protectorate was declared over the hinterland of Sierra Leone via protectorate
Ordinance Act No. 20 of 1896 had the following importance;
1. It gave the British Crown to establish Native Court to administer customary law.
These native courts were headed by paramount chiefs.

2. It gave the crown the opportunity to establish both legislative and executive
councils
There brought the 1924 constitution which united the colony and the protectorate
fittingly called a united Sierra Leone.
During this period the province had the “Native Court” structure of court where a
paramount chief acted as Chairmen was established and later the “Group Native
Appeals Court” which led to the “Privy Council.” In 1898, the first “Magistrate Court”
was established in the colony. It is worth noting that the magistrate system was common
in all British Colony. The chief interpreted customary laws. Sec 74 of the Court Act of
1965 states that; all the laws in England before 1 st January 1880 are laws in Sierra Leone.
Moreover, these paramount chiefs levid unreasonable and excessive fines to people this
was the reason why the local court Act of 1963. Sec two [2] defines customary law as
‘any rule, ‘other than a rule of the general law, having the force of law in any chiefdom
of the provinces whereby rights and correlative duties have been or imposed which is
applicable in any particular case and conforms with natural justice and equity and not
incompatible, either directly or indirectly with any enactment applying to the
provinces ...’ This Act had the following importance;
1. To replace paramount chiefs as local court chairmen.

2. It established the Native Court.
Gradually, it was introduced in the hinterland after the declaration of the protectorate in
1896. They then went further and introduced a more superior court called the
“Supreme Court” (now the High Court, then it was the highest court). It is important to
note however that, the names of these courts were not static as a result of the changes
they were experiencing in society.

Similarly, the magistrate courts were all over the colonies, but none of them had a
higher court of appeal. This court of which judges were drawn from different colonies
was like a circuit that is they usually sat from place to place to hear cases.
Locally, the magistrate courts which were established did not have sufficient learners to
seat in these courts which was even why the “District Commissioners” also served as
magistrate in the provinces because during their training as administrative officers they
were opportuned to learn some bit of laws.
Furthermore, the “High Court” was established (Supreme Court) which when started
had judges moving from Freetown to the interior to determine cases (circuit courts).
NOTE; land owned by customary law cannot be alienated or sold in accordance to Cap
122 of the Provinces Land Act of 1960 that a Non Native cannot own land in the
province. However, this particular provision is in contravention with Sec. 27 of Act No. 6
of the 1991 constitution which talks about nondiscrimination.
POST COLONIAL PERIOD
Later the Sierra Leone court of appeal was established by 1958. With the attainment of
independent in 1961, a period which may be said to be a takeoff point to the post-
colonial era which saw further decoration of the Sierra Leone Legal System as by 1963
the Local Court Act No. 20 was meant to consolidate the laws relating to Local Courts.
That Act established the Local Courts as we have them today.
The establishment of the latter was an expedient measure because they knew that every
dispute there would be a party who is dissatisfied. Either court was settled by a
“Chairman” who was appointed by the colonial government acting in consultation with
the paramount chief and the chiefdom council. The ‘Group Native Appeals Court’
became the ‘Group Local Appeals Court’.

Nevertheless, the arrival of the settlers in the colonial areas ushered in a new system
brought from Britain. The advent of the Magistrate Court, the High Court and the West
African Court of Appeals with jurisdiction over all customary law matters.
Also, the “District Appeals Court” was established by Section 29 of the aforementioned
Act. In 1964, a year after a set of local rules were introduced, nearly an enactment in the
Court Act 1965; notwithstanding these sets of rules the courts still had limited
jurisdiction to the general law by 1971 and the “Supreme Court” by Section 66 of the
1991 Constitution of Sierra Leone. This court became the most superior court in Sierra
Leone hence it replace the Privy Council which was a division in the House of Lords in
England dealing with matters of the colonies.
STRUCTURE OF THE SIERRA LEONE COURTS
There are various courts within the Sierra Leone Legal System. Some are referable in the
constitution while some may not directly be referable in the Constitution. There is a
hierarchy of courts within the court system starting from hightest within the jurisdiction
are explained below:
THE SUPREME COURT
At the apex of the hierarchy of courts in Sierra Leone is the Supreme Court of Sierra
Leone. Sec.121[1] of the 1991 constitution of Sierra Leone deals with the composition
of the Supreme Court that it shall comprise:
The Chief Justice
Not less than four 4 Justices of the Superior Court
Such other Justices of the Superior Court of Judicature or Superior Courts in any state
practicing a body of law similar to Sierra Leone but the number of Justices from other
states must not outnumber those of Sierra Leone

Sec 121 [3] of the above said constitution states that, the chief Justice shall preside at
the sittings of the Supreme Court and in his absence, the most senior of the Justices of
the Supreme Court as constituted for the time shall preside.
JURISDICTIONS OF THE SUPREME COURT

1. The Original Jurisdiction: The Supreme Court has original jurisdiction to the exclusion of all
other courts in Sierra Leone in the following instances:
in matters relating to the enforcement or interpretation of any provision of the Constitution of

Sierra Leone pursuant to sec.124(1)(a) of the 1991 constitution of Sierra Leone.
where any questions aries whether an enactment was made in excess of the powers
conferred upon Parliament or any other authority or person by law under the Constitution
pursuant to Sec. 124(1)(b) of the said constitution
2 .Supervisory jurisdiction: The Supreme Court has the power to supervise all other courts in
Sierra Leone and over any adjudicating authority. In the exercise of its supervisory jurisdiction, it
shall have power to issue such orders and writ of habeas corpus, orders of certiorari, mandamus
and prohibition pursuant to sec. 125 of Act no 6 of 1991 constitution of Sierra Leone.
3. Appellate Jurisdiction : In accordance with Sec. 122(1)of the Constitution, the Supreme
Court shall be the final court of appeal in Sierra Leone and shall have such appellate and
other jurisdiction as may be conferred upon it by Act No 6 of the 1991 Constitution.
It is however worthy to note that Sec.126 of the 1991 constitution gives the power of Justices
of the Supreme Court in interlocutory matters.
The Supreme Court may, while treating its own decisions as normally binding, depart from a
previous decision when it appears to do so; and all other courts shall be bound to follow the
decision of the Supreme Court on questions of law in accordance with the provision of sec.
122[2] of Act no. 6 of the 1991 constitution of Sierra Leone.
THE APPEAL COURT
This court is established by virtue of Section 128 (1) of the Constitution of Sierra Leone
and gives its composition that:

The Court of Appeals shall consist of-
a. The chief Justice;
b. not less than seven justices of the Court of Appeal; and
c. such other Justices of the Superior Court of Judicature as the Chief Justice may, for the
determination of any particular course of matter by written under his hand,request to sit
in the Court of Appeals for such period as the chief justice may specify or until the
request is withdrawn. This court is the second in the hierarchy of courts in Sierra Leone.
It is purely an appellate body and it is the only court which has no other function other
than hearing appeals.
JURISDICTION OF THE COURT OF APPEAL
It has no original jurisdiction but appellate jurisdiction. In exercising its appellate

jurisdiction, it is entitled to have seven (7) Justices of Appeal. Sec. 129(1) of the 1991
Constitution of Sierra Leone grants the Court of Appeal jurisdiction to hear and
determine appeals from any judgment,decrees or order of High Court of Justice or any
justice of the high court and such other appellate jurisdiction as may be conferred upon
it by the Constitution. This court is divided into both jurisdiction in hearing criminal
appeals and civil jurisdiction in hearing civil appeals, although the division is not clear in
Sierra Leone as compared to Britain.
Usually, three (3) judges sit in criminal matters and three (3) in civil matters the
remaining one serves as substitution. Where the substitute is not available, a judge of
the High Court is called upon to seat in the Appeals Court. The Court of Appeal is bound
by its own previous decisions and all inferior courts are required to follow its
decisions on points of law. This is in accordance with Sec.128(3) of the 1991
Constitution of Sierra Leone. Person aggrieved with decisions handed down by the
Court of Appeals can appeal against such decisions to the Supreme Court,Sec
123(1) of the 1991 construction of Sierra Leone.
HIGH COURT

As established by chapter seven 7 part four of Act No. 6 of the 1991 Constitution of
Sierra Leone(Sec.131 of the said constitution).It can sit anywhere unlike the Magistrate
Court which is at District Level the High Court is at National Level which is the reason
why there is only one High Court; it only moves in circuit that is, all areas, provinces or
districts.
Sec. 131(1) deals with the composition of the High Court of S/L. which shall consist of –
[A]The Chief Justice
[B]Not less than nine High Court judges
[C]Such other judges of the superior court of judicature as the chief justice may
determine.
JURISDICTION OF THE HIGH COURT

In accordance with sec. 132[1], the High Court has jurisdictions in both civil and criminal matters and
such other original appellate and other jurisdiction as maybe conferred upon the provision of Act No. 6
of the 1991 constitution or any other law in Sierra Leone.
Sec. 133 [1] deals with situation in which a person brings a claim against the government.
The High Court has “Supervisory Jurisdiction” over all inferior and traditional courts in
Sierra Leone and any adjudicating authority in accordance with sec. 134. In the exercise
of its supervisory jurisdiction, the High Court shall have power to issue such directions,
writs and others including the writs of “Habeas Corpus,” (a writ to bring a person
before a court or a judge) the order of “Certiorari,”(a grant of the right of appeal to be
heard by an appellate court) “Mandamus,”(a common law prerogative writ that
compels a court or government to perform mandatory or purely ministerial duties
correctly) and “Prohibitions”(an act of prohibiting, forbidding, disallowing or
proscribing something ) as it may be considered appropriate for the purpose of
enforcing or securing the enforcing of its supervisory powers. The High Court is both a
“Court of First Instance” and also a “Court of Appeals” which respect the cases decided

by the Magistrate Court. However, in accordance with the provision under Sec.132(2) of
the 1991 constitution of Sierra Leone,the High Court of Sierra Leone has jurisdiction to
determine any matter relating to industrial and labour disputes and administrative
complaints. However it's never a court of first instance for dispute of land.
DIVISIONS OF THE HIGH COURT

Before 2019, the High Court had five [5] divisions. Constitutional instrument No. four [4] of 2019
makes provisions for eight [8] divisions. These divisions include;
1. Fast Track Commercial Court [FTCC] and Admiralty Division of the High Court: This division
was created in 2010 and it is located in Freetown. This division deals with cases relating to
claims of commerce and business in other to promote trade, investments and other economic
activities in Sierra Leone.
2. The Industrial and Social Security Division of the High Court: This is a specialized division of
the High Court established in 2019 with the aim of enforcing compliance with NASSIT Act No. 5
of July 2001.
3.The Land Property and Environmental Division: This division of the High Court deals with
matters relating to land and property.It uses Devolution of Estate Act,2007 and The final
National Land Policy of Sierra Leone Ver.6, August 1 2015,as legal tools.
4. The Family and Probate Division of the High Court: This division concerns with family
matters such as, divorce, registry of marriage etc. It uses
5. The Anti-Corruption Division of the High Court: This division of the High Court deals with
matters relating to corruption by using The Anti Corruption Act,2008 as its main legal tool. This
is in accordance No 4 of Constitutional Instrument of 2019.
6. Sexual Offences Division: This division of the High Court deals with all matters relating to
sexual offences such as Rape, Sexual penetration, Sexual harassment etc.
7. The Criminal Cases Division: As the name implies this division of the High Court deals with all
criminal related matters. Examples of matters include; murder, manslaughter etc. Has its
strength provided in the Criminal procedure Act,1965.

8.The General and Civil Division of the High Court: This division of the High Court deals with all
general civil matters like, civil defamation, breach of contract etc.
NOTE: A single judge of the High Court may sit and determine cases. Such cases may include
interlocutory matters [matters that can be committed to the Court of Appeal].
MAGISTRATE COURT
The magistrate court was established by sec. 4 of the Court Act of 1965
The Magistrate Court which is a court of Record is at district Level. It is the next lower
court after the High Court. This court is presided over by a magistrate (call to the Bar)
who sits alone. Otherwise it is presided over by two (2) “Justices of Peace.” The
magistrate is appointed by the Judicial and Legal Service Commission that was
established by sec.140.The magistrate is answerable to the Chief Justice.
JURISDICTION OF THE MAGISTRATE COURT
Magistrate Court has exclusive jurisdiction to hear and determine both civil and criminal
matters referred to it at district level. In the case of civil matters, the claim should not
exceed five million Leones (Le 5,000,000)in accordance with the court Act of 1965. In
criminal cases where the punishment is a prison sentence not exceeding five years,or
the payment of a fine that does not exceed an amount fixed by law.According to the
amendment Act of 1981, the magistrate can try matters whose term of imprisonment
does not exceed seven (7) years. Criminal cases,for offences carrying a prison sentence
of up to seven years, provided the accused consent for such trial to be done in the
Magistrate Court.
Magistrate court is regarded as court of first instance as established in each district to

hear cases such as:
Summary Offences( cases that can be tried, heard and determined by the magistrate)
examples of cases include; trespass, insulting conduct in accordance to Public Order Act
of 1965, loitering etc. summary trial under sec. 92-107.

Hybrid Offences- these are offences that are trialable in both the magistrate and High
Court. The magistrate has to agree with the consent of the Accused before proceeding.
Examples include;
Less serious offences e.g. economic abuse, emotional and psychological offences.
(Depriving your partner from sex), in civil case like wife maintenance.The parties involve
must be in domestic relation.
Further, matters in question to criminal offence, the magistrate does inquiry known as a
PRELIMINARY INVESTIGATION(PI). This is not a trial but an inquiry. The magistrate does
not have jurisdiction to try and determine such matters. The P.I. is done to have
sufficient evidence to commit it to the High Court. Both the magistrate and Accused
persons will sign a document called a Committal Warrant before the case to the High
Court for trial if there is enough evidence to proceed. If there isn’t enough evidence, the
matter will be discharged but not acquitted. Examples of cases include; Rape, Sexual
Penetration, burglary, wounding with intent, shop breaking larceny, murder,
manslaughter etc.These are discussed under sec. 108-124 of the Court Act 1986.
They hear and determine matters which are triable “Summarily” and the court also
deals with “Preliminary Investigations”. They do not deal with matters for which the
term of imprisonment exceeds 5 years.
Their jurisdiction does not include matters which are listed in the Second Schedule, such
matters like forgery, murder, treason, perjury, defamation, blaspheming, manslaughter
(second degree of murder), bigamy etc.
Matters listed above and other listed in the Second Schedule only go to the Magistrate
Court for Preliminary Investigation. They have jurisdiction over the “Hybrid Offences” –
these are offences triable either way such as arson contrary to Section 2 or 17 of the
Malicious Damage Act of 1861, wounding, causing grievous bodily harm with intent
contrary to Section 18 of the Offences against the Persons Act of 1861.
The Magistrate can also be an Appellate Court normally known as the District Appeals
Court that hears appeals from the Local Court when the Magistrate sits as a chairman

together with two (2) “assessors”. These are men who are knowledgeable in customary
law whose duty is to advise the magistrate but the magistrate is not bound to go by their
advice.
THE DISTRICT APPEALS COURT

Sec. 40(1) of the Local Court Act of 2011 makes provision for a district Appeals Court in every
district consists of the magistrate who sit as chairman with two assessors selected by him from
a list of experts in customary law drown up by the district officer.
Sec 40(2) sub sec. (1), where it appears that no question of customary law will arise, the
magistrate will sit without Assessors.
The two assessors shall advise the magistrate on questions of customary law pursuant to sec
40(3)
The District Appeals Court shall rehear the whole case [Lenovo] and hear any additional
witnesses called by the parties pursuant to sec. 40(4).
Sec 40(5) in an Appeal before the District Appeal Court a party maybe presented by a Legal
practitioner.
The District Appeal Court is not a court of first instance,it only hears and determine matters of
appeals from the Local Court. Judgment of the District Appeal Court can be appeal against in
the Local Appeals Division of the High Court.Where there is a matter that is not related to
customery laws, the Magistrate may sit alone as chairman.
Appeal to Local Appeals Division of High Court

In accordance with sec. 41(1) of the Local Court Act of 2011 a Local Appeals Division of the High
court shall consist of a judge who sits as a chairman of the High Court sitting with two assessors
selected by him from a list of experts in customary law drawn by the provincial secretary.
Sec 41(2) an Appeal shall lie from decisions of the District Appeals Court to the Local Appeals
Division of the High Court in the following cases;-

A. All cases governed by the general law, if the case has been heard by a magistrate at first
instance.
B. Notwithstanding, in accordance to the court Act No. 21 of 2011 sec 4 subsec.3, the
court shall have no jurisdiction in any action founded upon libel, slander, false
imprisonment, malicious prosecution, seduction or breach of promise of marriage. cases
governed by customary law
LOCAL COURT
The Local Court was at chiefdom level (Local Court Act No. 20 of 1963). It is now under
the Legal Service Commission. It has jurisdiction to deal with both Civil and Criminal
matters in the chiefdom. Section two 2(1) Of the Local court Act of 2011 establishes a
local court in any chiefdom in Sierra Leone in the province of Sierra Leone. which
consists of the local court chairman, vice chairman such other members as the minister
may determine. Sec 1 of the Local Court Act defines customary law “customary law”
means any rule other than a rule of general law, having the force of law in any
Chiefdom of the provinces whereby rights and correlative duties are acquired or
imposed in conformity with natural justice and equity and not incompatible, either
directly or indirectly, with any enactment applying to the provinces, and includes any
amendment of customary law made in accordance with the provisions of any
enactment;
“General Law” means the laws in force in Sierra Leone other than customary law; The
Local Court has the chairman, vice chairman and other members appointed by the
chief justice under the advice of the Local Court Service Committee.
Sec.6 (1) deals with the appointment of the officers of the local court. Which states,
every court shall have_
The Chairman
Clerk of court
Finance clerk

Bailiff and
Such other officers as the business of the court may require,
All of whom shall be appointed by the chief justice after consultation with the legal
service commission.
Note: before 2011 Local Court Act, Local Courts were under the ministry of local
government whose officials were appointed by the minister of the ministry of local
government in consultation of the Judicial and Legal Service Commission. To some
extent ensuring separation of powers (in theory practically, the minister of local
government still appoint local court officials). Local Court Chairmen have no security
the cases of magistrate, high court judges etc. who have a secured tenure of office.
Up-to-date, Local Court Chairmen are not paid.
JURISDICTION OF THE LOCAL COURT
Sec. 15. (1) The local court shall have jurisdiction to hear and determine all civil and
criminal matters arising within the local limits of its authority or transferred to it by a
customary law officer under sec. 34.
Sec. 15(2) in addition to original jurisdiction over all customary law offences, the court
hears and determines all criminal offences punishable by a fine not exceeding fifty
thousand Leones le 50,000 or a term of imprisonment not exceeding six months or by
both such fine and imprisonment.
Sec15(3)A The local court shall have jurisdiction to hear and determine all civil cases
governed by customary law, including cases between paramount chiefs or chiefdom
councils involving a question of title to land
B subject to subsection (4) to hear and determine all civil cases governed by the general
law where the claim, debt, duty or matter in dispute does not exceed one million
Leones, whether on balance of account or otherwise, or in claims for recovery of
possession, where the annual rental value of the property does not exceed three million
Leones and the term of lease does not exceed five years

A Local Court does not have jurisdiction to hear and determine matters outside its
chiefdom. Simply, each of the chiefdom has a local court of its own. For instance; you
cannot initiate a matter to be moved from Yoni Chiefdom Local Court to Mabang Local
Court, the local court does not have jurisdiction. However, the only exception is under
Sec. 34 which states that, the customary law officer may transfer a matter from one local
court to another local court maybe for the interest of justice. For instance, if one of the
integrant is related to the local court chairman the matter will be transferred to another
local court pursuant to sec. 34 by the customary law officer. That could be a strong
ground for it to be transferred to a neutral local court.
COURT MARSHALL
The Court Marshall is among the specialised courts in Sierra Leone esterblished pursuant
to Sec 84 of the Republic of Sierra Leone Military Act. The tribunals are empowered to
try any person subject to military law, in addition to offences against the general law
which are applicable to all persons who join the army. Sec. 85 of the above mentioned
act provides that Court Marshalls shall be convened by the Forces Commander or
General, Brigadier or Colonel or Officer of corresponding rank.
JURISDICTION OF THE COURT MARSHALL
Court Marshalls have jurisdiction to try and punish persons subject to military law for
two classes of offences created by the Republic of Sierra Leone Military Act( Part V).
Appeals against decisions of a Court Marshall can be made to the Appeal Court.
THE COMMON LAW PROCEDURE

THE COMMON LAW CIVIL PROCEDURE
HIGH COURT CIVIL PROCEDURE
Generally, under criminal proceedings, a Judge of the High Court may require to sit with a Jury
in certain matters such as, homicide. But in civil matters in the High Court a Judge is not
required to sit with a Jury. It will be worth noting that; different limitations are applicable to
different causes of action that if a particular action occurs, there is a time frame to which you
can bring an action in the High Court. If that time frame expires, you will be statute barred

[prevented from bringing an action] in the High Court. For instance, if there is a breach of
contract, the aggrieved party is required to bring an action in the High Court within a particular
time frame if that time frame expires, you will be prevented by statut
e not to bring that particular action which is a breach of contract. In our Jurisdiction, we have
what we call as the limitations of actions. That is, a time frame in which you can bring and an
action in the High Court.
Under the limitations of actions Act, for example; if the action has to do with a breach of
contract meaning, any action found in a civil contract, you are required to bring an action within
a period of six[6] years from the date in which the action occurs strictly within six[6] years.
Meaning, after six [6] years, you may be statute barred for bringing that particular action in the
High Court. This limitation is also applicable for Tort cases. Examples defamation [libel and
scandal] which can be civil or criminal, Trespass. There are three forms of Trespasses. These
include; Trespass to the person, Trespass to land and Trespass to goods. For example, this phone
is yours and if I take this phone and sell it to another person; you will bring an action for a Tort
of conversion. This example falls under Trespass to goods. Or you bring an action for larceny
under criminal action.
Note: If a person brings an action to the High Court under Tort as a criminal matter, the fine will
sometime go to the state in the form of consolidated funds without being compensated for
damages. But if the action is brought as a civil matter, the aggrieved person will be
compensated for damages.
The only exception where the limitation period is three [3] years is negligence and person injury
cases under Tort, the limitation is three [3] years.
For adverse possession to land in the Western Area, the period is twelve [12] years. After twelve
[12] years, you cannot bring an action. However, this is not applicable in the provinces. A person
in the province can bring an action for adverse possession even after one hundred [100] years.
There is no limitation period. This is because; land in the provinces is covered by Customary
Law.
Generally, civil matters in the High Court are held in open court. However, there are
circumstances in which civil matters may not be held in open court.
The circumstances in which civil matters cannot hold in open court include;

1. If the matter in question is required by the High Court rules to be heard in the Judge’s
chamber.
2. By the consent of both parties or their Legal Representatives
3. If the matter or trial in question is detrimental to public hearing for moral values.
4. If in the opinion of the court a particular witness requires protection.
5. To maintain the integrity of the trial process.
HOW CIVIL MATTERS COMMENCE IN THE HIGH COURT?

Civil matters in the High Court commence by originating processes. When we talk about Originating
processes, there are four [4] types of originating processes in the High Court. These are;
1. Writ of Summons[ High Court rules Order 6 of 2007]
2. Originating Summons [High Court Rules Order 7 of 2007]
3. Originating notice of motion [High Court Rules Order 8 of 2007]
4. Petition [High Court Rules Order 9 of 2007]
You can file each of these summonses in the High Court Registry. It is very important as it depends on the
type of action that you want to initiate in the High Court. For examples, for Writ of Summons, if the
matter in question has to do with breach of contract you go by Writ of Summons. Also, if it has to do
with Trespass to land or title to land which is a civil action you go by Writ of summons.
For Originating Summons, if you want to bring an action so that the court can grant you an order to
adopt a child you go by Originating Summons. If you want to seek orders from the court and those
orders are relating to adoption of a juvenile, you go by Originating Summons. Also,; for probate action
like a Will. Example, if someone dies without leaving a Will, we go strictly by the provision of the Estate
Act. Also, if a particular individual thinks that; provisions in a Will are not favourable, he may bring an
action for interpretation of that particular provision. You go by Originating Summons.
For Originating notice of motion, for example, if the magistrate acted excess of his jurisdiction at a
particular matter, you can file to the High Court for judicial review and the mode of application is
originating notice of motion. Through mandamus, certiorari, prohibition. You apply for mode of
originating notice of motion.

For Petition, if you want to dissolve a marriage, you go by petition. The person who files is the Petitioner.
The other party is the Respondent. This is however depends on the nature of the claim in action. For
instance, if the marriage is less than three [3] years and you want the court to dissolve the marriage, you
don’t go by petition but you go by originating summons supported by an affidavit [a signed document
wherein an affiant makes a sworn statement. But If the marriage is above three [3] years, you go by
petition.
WHO SERVES ORIGINATING PROCESSES?

The following people could be the ones the serve originating processes
1. Bailiff of the Court.

2. Any other officer of the Court.
3. Legal Practitioner
4. Agent of the Legal Practitioner
THE TYPES OF SERVICE
Service of originating processes could either be,
1. Personal Service: when Writ of Summon is infected personally. Example, when the Bailiff or the Agent
of the Legal Practitioner is threatened by the party whom the Summon is meant for, he/she may throw
the Summon and explain to the person that; he/she’s presence is needed at a particular slated date.
2. Substituted service: Under substituted service, if the Agent or Bailiff has attempted more than three
[3] times to pass the summons to the Respondent, but it’s not avail; you can apply to the court by notice
of motion supported by affidavit. In the affidavit, he is going to state that, he has attempted several
occasions to pass the summons but no avail and he has to name the three attempts to infect personal
service. He can now ask the court to grant him order where he can infect substituted service. The Writ of
Summon can be published in newspapers
If a Writ of Summon has been served, the Defendant has fourteen [14] days for appearance and file a
memorandum of appearance to the Registry of the High Court for appearance to answer to the action
brought against him.
What happens if a Defendant fails to appear having signed the memorandum of appearance?
The Plaintiff will be required to file for a judgement in default of appearance against the Defendant.
Before he does, he is required to file an affidavit of search and an affidavit of service to the High Court
Registry. How can you tell as a plaintiff that the Defendant has failed to enter an appearance? You can

only tell when you go to the High court Registry to conduct a search to ascertain whether the Defendant
has entered an appearance. Once you conducted this search and it appears that the Defendant has failed
to enter an appearance, you can apply for affidavit of search explaining that, the Defendant has not
entered an appearance. Once you done all that is required, the court may give a judgement in default of
appearance without going for trial. Meaning all the claims you have against the Defendant, you have
already won. But the rule also says; even though default of appearance has been entered against the
Defendant, the Defendant may apply to the court to set aside the judgement. In doing that, he must
show a very good reason why he fails to appear. Example, by saying he is out of the country when the
service was done. This is because, the doctrine of Audi alteram partem [the right of hearing for which
the other party to be heard for fair trial purpose] is fundamental for civil proceedings.
Question: If the doctrine of Audi alteram partem is very fundamental in civil proceedings discuss the
affose with respect to civil proceedings in the High Court. Instances,
1. There must be a copy of notice of hearing of the action. That is, the defendant must be
notified on the claim against him/her for fair trial.
2. The issue of representation. Both the plaintiff and the defendant are entitled to legal
representation being that, in most cases if you are not represented by a legal counsel, you don’t
know how to go about it.
3. The plaintiff will be given the opportunity to prove his claim and the defendant will have the
opportunity to prove his/her defense of judgement orally so that the court can see what to do
for the matter in question.
It takes ten [10] days for a defendant to file a Default of Defense
CAN JUDGEMENT BE OBTAINED BASE ON ADMISSION RAISE BY THE DEFENDANT?

Judgement can be obtained base on the admission made by the defendant in his defense.
Example, if party A claims that; party B has to pay him a sum of Le 200,000000 and party B
admits to it, then judgement can be obtained without going for full trial.
Another one is, judgement can be entered by the consent of both the plaintiff and the defendant
to the matter without going for a full trial.
Both the plaintiff and the defendant are required to inspect each other’s documents or any
other documents relevant on pending trial. The sharing of documents should be in the form of
court bundle [a folder which contains copies of all the documents which are considered relevant
to a court]. For example, an employee is being dismissed by an employer from his employment

and he/she wants to bring an action for breach of contract. Let say unfortunately for the
employee, he/she no longer has a copy of his/her employment contract. On pending trial, the
employee will ask his/her former employer to share a copy of his/her employment contract in a
form of request. The employer is under duty to share him a copy of that document verse versa. If
the employer or the employee fails to share the copy of the document to the one requesting,
the one requesting will apply to the court for a court order. In other words all documents and
evidence relevant to the trial should be at each other’s disposal before the commencement of
the trial. However there are documents considered priviledge. And because of this priviledge,
they are not going to be shared except order from the court. Example, communication between
legal practitioner and client.
INTERIM REMEDIES:
These are the remedies before trial or remedies during trial.
The High Court of Sierra Leone may grant an injunction in a form of an interlocutory order if it
considers convenient or just to do so. Examples of interlocutory injunctions;
Mandatory interlocutory injunction- this is an injunction that commands to do a particular act.
Example, you are erecting a building on a particular land and another person says he/ she owns
the land and he brings that to your notice but you refuse, the person will apply for a mandatory
injunction and you the person building the house will be ordered by the court to demolish the
structure until the final owner is proven.
Prohibitory interlocutory injunction- this restrains you not to do a particular act. Example if
similar matter above occurs, the court will grant a prohibitory injunction to prevent the person
from entering the land until the final hearing and decision of the matter.
CONDITIONS CONSIDERABLE BEFORE INTERLOCUMOTORY INJUCTION IS GRANTED

1. The case must have merit- that is, convincing the court with a reasonable fact that; there is a
Prospect in the case at hand and you are going to succeed in your claim. If the case lacks
merit, the court will not grant the injunction. In others the case must be trialable
2. If the award for damages is inadequate by the party applying for the injunction
3. Balance of convenience as to whether it favours the grant of an injunction.
Note: an injunction is an equitable remedy and not a common law right. In other words, it is
discretion for the court to grant it or not.
If the matter in question is very urgent, the plaintiff will go on Ex parte injunction.
For Ex parte injunction, the copy of application cannot be served to the other party.
The only time the other party could be served is when the plaintiff is served an order from the

court. Ex parte injunction is an order granted in the absent of the other party [defendant or
respondent]. The plaintiff he alone and his counsel can move this application in court. This is
because the matter is considered very serious and urgent. Example, the Ex parte injunction filed
by Ibrahim Sorie Bangura against NEC in 2018 Run-off Election preventing them from conducting
the run-off election. He did this without notifying NEC. He only proceeded to serve the order
from court to NEC. Another example is the NRM Ex parte injunction against the APC’S
convention in Port Loko.
However, before the court grant an ex parte injunction, there should be an undertaken as to
damages. In other words, the party requesting for an Ex parte injunction should be ready to take
undertaken for damages. The Ex parte injunction usually lasts for seven 7 days but it may be
extended by order of application made by the plaintiff for extension. The other party after being
served the Ex parte injunction he may file an Affidavit in Opposition.
An Injunction can be permanent or temporal. After a trial, the court can grant a permanent
prohibitory injunction.
An interim injunction is an injunction during trial. For a pending appeal, the other party should
apply for a Stay of execution that the success party should not enforce the judgement.
SETTING DOWN FOR TRIAL

When a matter is begun by writ of summons and called, and both plaintiff and defendant are
absent, the court may strike out the action.
When a matter is called, the plaintiff is present and the defendant is absent. In that situation, the
plaintiff will be asked to prove his claim against the absent of the defendant and the defendant
counter claim will be stroke out if any.
When a matter is called and the defendant is present but the plaintiff is absent, the plaintiff may
dismiss the plaintiff’s action and the defendant will be asked to prove his counter claim if any
However, any verdict obtained from the defendant in the absent of the plaintiff may be set-
aside. This can be set-aside within six [6] days verse versa. What will happen if the six days pass
to file a motion so that, the judgement can be set aside? The first thing is to apply for a notice of
motion with the support of an Affidavit asking the court for enlargement of time so either the
plaintiff or the defendant can have time to file application for a motion to set-aside the
judgement after the court extension of time.
During proceeding, there may be a need of expert witness requested by the court to inquire on
report on any matter in question for a fact of opinion. Example, the question may arise for a
signature in a document for forgery. A party to the proceedings may also appoint an expert
witness. Example, a license surveyor or engineer. Key example is the case of Pawoalo when an
expert witness was called to give witness on the issue of the pistol. But in that case, the expert

witness was proven incompetent for lacking qualification as to the matter in question when he
was cross examined by the defense. The expert witness was simply unprofessional.
During trial, the plaintiff will be the first person to open his case by given oral evidence in chief
which is called examination-in-chief or direct examination. He is required to give evidence in the
case. The evidence of the plaintiff and his witnesses is given under oath. The defendant with his
counsel is entitled to cross examine the plaintiff and his witnesses. The purpose of cross
examination is proving the truthfulness of their testimony or not. The plaintiff and his witnesses
will not be required to be asked leading question [a question that prompts or encourages the
answer wanted]. The only time where leading question is required when the question asked is
not in dispute. Example of a leading question; Mr. were you not the one that stabbed John with
the knife on the 18th of May 2020?
Counsel for the plaintiff will subject to Re-examination, questions are limited to matters during
cross examination. After all these processes, the court can pass its judgement. Judgment in
court can either be;
Monetary judgement
Declaratory Judgement.
Recession/creation of legal relations.
Permanent injunctions.
LOCAL COURT PROCEEDINGS

In local court proceedings, a party is not required to be represented by a Legal Practitioner. No
Legal practitioner is required to represent any of the litigants at the Local court. The Legal
practitioner may go there as a private person. For example, an action for trespass to land.
Generally, all proceedings in the local court are held in open court. However, there are instances
in which proceedings are not required to hold in open court. Example, if children are involved in
a matter, such matter should not be held in open court but in the chamber of the local court
chairman. Or where the proceedings will be detrimental to public hearing.
In an instance where one of the parties is absent, he can be represented by a spouse or guardian
in the proceedings. This is allowed in local court this is not applicable in the High court except in
the power of Antony.
Note: it is worth noting that, a judgement could only be entered or enforced against the party
and not the Representative. In customary law, there is a proposition that, the husband has the
right to sue or be sued on behalf of his wife. The husband has the right to sexual intercourse.
Civil matters in the local court shall be commenced from the issuing out of summons the person
who issues out the summons in the local court is the Clerk of court. Such summons shall be in

writing and signed by the Clerk of court. The summons shall be served personally to the other
party. There is also substituted service. One of the ways of substituted summons in the Local
Court is advertisement or the summons in question could be delivered to the village/town
Headman where the other party resides. Or it could be delivered to a government department,
corporation where the other party is believed to be employed.
WHO SERVES THE SUMMONS?
Bailiff or any other member of the court
Any other person to whom it is entrusted.
The date and time is fixed on the summons for the hearing of the matter.
Where the matter is called and both parties are absent, the Local court may strike off the action off the
list. Or, they adjourn the said matter with or without cost. A situation where the Defendant does not
appear and the complainant appears, the court will ask the complainant to prove his claim and to call
witnesses if any. And then, judgement will be delivered accordingly. Where both parties appear before
the court, the clerk of court is required to read out the claim against the defendant. After that the clerk
of court will ask the defendant how he answers to the claim. Where the defendant admits liability. The
court will require both parties to make statement before delivering its order. The claimant is the first
person to open his case and he may call witnesses. At the close of the claimant case, the court will
consider whether he has made out his claim against the defendant. Where in the opinion of the court,
the claimant has not made out his claim against the defendant; the court may entre judgement in favour
of the defendant. Where the claimant has made out his claim against the defendant, the court will ask
the defendant to open his defense. In local court proceedings, there is provision for Examination in
chief, cross examination and Re-examination. Members of the Local court may direct questions to the
parties and their witnesses. At the close of the claimant and defendant case, the court will look at the
total evidence adduced and deliver judgement accordingly. No judgement shall be issued until after 15
days. Meaning, after judgement has been entered against the defendant, he has 15 days to file for an
appeal. If there is no notice of appeal after the 15 days, the judgement will be enforced.
What will happen if the other party does not file an appeal to the District Appeals Court within the 15
days period after 1 or 2 months?
In such cases, you are required to first write and apply for an enlargement of time supported by an
affidavit before filing an appeal with a valid reason. Examples by saying; I was not served a copy of the
judgement. I was not served the summons. I was never served a notice of hearing. It is also possible that,
after the judgement, the successful party never enforce the judgement. In equity, one of the remedies
says; Equity hails the vigilant not the indolent.

APPOINTMENT OF JUDGES, ETC.
Appointment of Judges, etc.
135.
(1) The President shall, acting on the advice of the Judicial and Legal Service Commission and
subject to the approval of Parliament, appoint the Chief Justice by warrant under his hand from
among persons qualified to hold office as Justice of the Supreme Court.
(2) The other Judges of the Superior Court of Judicature shall be appointed by the President by
warrant under his hand acting on the advice of the Judicial and Legal Service Commission and
subject to the approval of Parliament.
(3) A person shall not be qualified for appointment as a Judge of the Superior Court of
Judicature, unless he is entitled to practise as Counsel in a Court having unlimited jurisdiction in
civil and criminal matters in Sierra Leone or any other country having a system of law analogous
to that of Sierra Leone and approved by the Judicial and Legal Service Commission, and has
been entitled as such Counsel in the case of appointment to—
(a)The Supreme Court, for not less than twenty years;
(b) The Court of Appeal, for not less than fifteen years;
(c) The High Court of Justice, for not less than ten years.
(4) For the purposes of subsection (3), a person shall be regarded as entitled to practise as
Counsel if he has been called, enrolled or otherwise admitted as such and has not subsequently
been disbarred or removed from the Roll of Counsel of Legal Practitioners.
(5) For the purposes of this section, a person shall not be regarded as not being entitled to
practise in a court by reason only that he is precluded from doing so by virtue of his holding or
acting in any office.

Judicial vacancies.
136.
(1) Where the office of the Chief Justice is vacant or if the Chief Justice is for any reason unable
to perform the functions of his office, then—
(a) Until a person has been appointed to and has assumed the functions of that office; or
(b) Until the person holding that office has resumed the functions of that office, as the case may
be, those functions shall be performed by the most senior for the time being of the Justices of
the Supreme Court.
(2) Where the office of a Judge of the High Court is vacant or for any reason a Judge thereof is
unable to perform the functions of his office or if the Chief Justice advises the President that the
state or business in the High Court of Justice so requires, the President may, acting in
accordance with the advice of the Judicial and Legal Service Commission, appoint a person who
has held office as, or a person qualified for appointment as, a Judge of the Superior Court of
Judicature to act as a Judge of the High Court of Justice, notwithstanding the fact that he has
already attained the retiring age prescribed by section 137.
(3) Any person appointed under the provisions of subsection (2) of this section to act as a Judge
of the High Court of Justice shall continue to act for the period of his appointment or if no such
period is specified until his appointment is revoked by the President, acting in accordance with
the advice of the Judicial and Legal Service Commission.
(4) Where the office of a Justice of the Supreme Court or of the Court of Appeal is vacant or for
any reason a Justice thereof is unable to perform the functions of his officer or if the Chief
Justice advises the President that the state of business in the Supreme Court or in the Court of
Appeal, as the case may be, so requires the President may, acting in accordance with advice of
the Judicial and Legal Services Commission, appoint a person who has held office as or a person
qualified for appointment as a Judge of the Superior Court of Judicature to act as a Justice of the
Supreme Court or of the Court of Appeal, as the case may be, notwithstanding the fact that he
has already attained the retiring age prescribed by section 137.
(5) Any person appointed under the provisions of subsection (4) of this section to act as a
Justice of the Supreme Court or of the Court of Appeal shall continue to act for the period of his

appointment or if no such period is specified until his appointment is revoked by the President
acting in accordance with the advice of the Judicial and Legal Service Commission.
(6) Notwithstanding the expiration of the period of his appointment, or the revocation of his
appointment, a Judge appointed pursuant to the provisions of subsection (2) or (4) of this
section, may thereafter continue to act, for a period not exceeding three months, to enable him
to deliver judgement or do any other thing in relation to proceedings that were commenced
before him previously thereto.
Tenure of Office of Judges, etc.
137.
(1) Subject to the provisions of this section, a Judge of the Superior Court of Judicature shall
hold office during good behaviour.
(2) A person holding office as a Judge of the Superior Court of Judicature—
(a) May retire as a Judge at any time after attaining the age of sixty years;
(b) Shall vacate that office on attaining the age of sixty-five years.
(3) Notwithstanding that he has attained the age at which he is required by the provisions of
this section to vacate his office, a person holding the office of a Judge of the Superior Court of
Judicature may continue in office after attaining that age, for a period not exceeding three
months, to enable him to deliver judgement or do any other thing in relation to proceedings
that were commenced before him previously thereto.
(4) Subject to the provisions of this section, a Judge of the Superior Court of Judicature may be
removed from office only for inability to perform the functions of his office, whether arising
from infirmity of body or mind or for statement misconduct, and shall not be so removed save
in accordance with the provisions of this section
(5) If the Judicial and Legal Service Commission represents to the President that the question of
removing a Judge of the Superior Court of Judicature, other than the Chief Justice, under
subsection (4) ought to be investigated then— .

(a) the President, acting in consultation with the Judicial and Legal Service Commission, shall
appoint a tribunal which shall consist of a Chairman and two other members, all of whom shall
be persons qualified to hold or have held office as a Justice of the Supreme Court; and
(b) The tribunal appointed under paragraph (a) shall enquire into the matter and report on the
facts thereof and the findings thereon to the President and recommend to the President
whether the Judge ought to be removed from office under subsection (7).
(6) Where the question of removing a Judge of the Superior Court of Judicature from office has
been referred to a tribunal under subsection (5), the President may suspend the Judge from
performing the functions of his office, and any such suspension may at any time be revoked by
the President, and shall in any case cease to have effect if the tribunal recommends to the
President that the Judge shall not be removed from office.
(7) A Judge of the Superior Court of Judicature shall be removed from office by the President—
(a) If the question of his removal from office has been referred to a tribunal appointed under
subsection (5) and the tribunal has recommended to the President that he ought to be removed
from office; and
(b) If his removal has been approved by a two-thirds majority in Parliament.
(8) If the President is satisfied on a petition presented to him in that behalf, that the question of
removing the Chief Justice ought to be investigated, then.
(a) The President shall, acting in consultation with the Cabinet, appoint a tribunal which shall
consist of—
(i) Three Justices of the Supreme Court, or legal practitioners qualified to be appointed as
Justices of the Supreme Court; and
(ii) Two other persons who are not Members of Parliament or legal practitioners;
(b) The tribunal shall enquire into the matter and report on the facts thereof and the findings
thereon to the President whether the Chief Justice ought to be removed from office under

subsection (10), and the President shall act in accordance with the recommendations of the
tribunal.
(9) Where the question of removing the Chief Justice from office has been referred to a tribunal
under subsection (8), the President may by warrant under his hand suspend the Chief Justice
from performing the functions of his office, and any such suspension may at any time be
revoked by the President, and shall in any case cease to have effect if the tribunal recommends
to the President that the Chief Justice shall not be removed from office.
(10) The Chief Justice shall be removed from office by the President—
(a) If the question of his removal from office has been referred to a tribunal appointed under
subsection (8) and the tribunal has recommended to the President that he ought to be removed
from office; and
(b) If his removal has been approved by a two-thirds majority in Parliament.
Remuneration of Judges, etc.
138.
(1) The salaries, allowances, gratuities and pensions of Judges of the Superior Court of
Judicature shall be a charge upon the Consolidated Fund.
(2) A Judge of the Superior Court of Judicature shall on retiring from office as such Judge, be
entitled to gratuity and pension as may be determined by Parliament.
(3) The salary, allowances, privileges, right in respect of leave of absence, gratuity or pension
and other conditions of service of a Judge of the Superior Court of Judicature shall not be varied
to his disadvantage.
(4) A Judge of the Superior Court of Judicature shall not while he continues in office, hold any
other office of profit or emolument, whether by way of allowances or otherwise, whether
private or public, and either directly or indirectly.
Oath of Office of Judges. 139. A Judge of the Superior court shall, before assuming the functions
of his office take and subscribe before—
(a) The President, in the case of the Chief Justice and Justices of the Supreme Court; and

(b) The Chief Justice, in the case of any other Judge,
The Judicial Oath as set out in the Third Schedule to this Constitution.
Judicial and Legal Service Commission.
140.
(1) There shall be established a Judicial and Legal Service Commission which shall advise the
Chief Justice in the performance of his administrative functions and perform such other
functions as provided by this Constitution or by any other law, and which shall consist of—
(a) The Chief Justice, who shall be the Chairman;
(b) the most Senior Justice of the Court of Appeal;
(c) The Solicitor-General;
(d) One practicing Counsel of not less than ten years standing nominated by the Sierra Leone
Bar Association and appointed by the President;
(e) The Chairman of the Public Service Commission; and
(f) Two other persons, not being legal practitioners, to be appointed by the President, subject to
the approval of Parliament.
(2) The Chief Justice shall, acting in accordance with the advice of the Judicial and Legal Service
Commission and save as otherwise provided in this Constitution, be responsible for the effective
and efficient administration of the Judiciary.
(3) The following provisions shall apply in relation to a member of the Judicial and Legal Service
Commission who is appointed pursuant to paragraphs (d) and (f) of subsection (1)—
(a) Subject to the provisions of this subsection, such member shall vacate office at the
expiration of three years from the date of his appointment;
(b) Any such member may be removed from office by the President for inability to discharge the
functions of his office (whether arising from infirmity of mind or body or any other cause) or
misconduct; and

(c) Such member shall not be removed from office except in accordance with the provisions of
this subsection.
(4) A member of the Judicial and Legal Service Commission shall, before assuming the functions
of his office, take and subscribe before the President the oath as set out in the Third Schedule to
this Constitution.
Appointment of Judicial and Legal Officers, etc.
141.
(1) The power to appoint persons to hold or act in an office to which this section applies
(including the power to make appointments on promotion and transfer from one office to
another and to confirm appointments) and to dismiss and exercise disciplinary control over
persons holding or acting in such offices shall vest in the Judicial and Legal Service Commission;
Provided that the Commission may, with the approval of the President and subject to such
conditions as it may think fit, delegate any of its powers under this section, by direction in
writing, to any of its members, or to any Judge of the High Court, or to the holder of any office
to which this section applies, or, in the case of a power relating to an office connected with the
Court of Appeal or the Supreme Court, to any Justice of either of those Courts.
(2) This section applies to the offices of Administrator and Registrar-General, Registrar and
Deputy Registrar of the Supreme Court, Registrar and Deputy Registrar of the Court of Appeal,
Master and Registrar of the High Court, Deputy Master and Registrar of the High Court, any
Registrar of the High Court, Deputy Administrator and Registrar-General, any Principal
Magistrate, Senior Magistrate, Magistrate, Under Sheriff, First Parliamentary Counsel, Second
Parliamentary Counsel, Principal State Counsel, Customary Law Officer, Senior State Counsel,
Senior Parliamentary Counsel, Research Counsel, Parliamentary Counsel, State Counsel,
Assistant Customary Law Officer and such other officers as may be prescribed by Parliament.
Appointment of Court officers.
142.
(1) The appointment of officers and servants of the Courts of Sierra Leone shall, subject to the
provisions of section 141 of this Constitution, be made by the Chief Justice or such other Judge

or officer of the Court as the Chief Justice may direct, acting in consultation with the Judicial and
Legal Service Commission.
(2) The Judicial and Legal Service Commission may, acting in consultation with the Public Service
Commission and with the prior approval of the President, make regulations by statutory
instrument prescribing the terms and conditions of service of officers and other employees of
the Courts and of the Judicial and the Legal Services established by this Constitution or any
other law.
Fees of Court, etc.
143. Any fees, fines or other moneys taken by the Courts shall form part of the Consolidated
Fund.
Official document;
144.
(1) Whenever in any proceedings in a Court, other than the Supreme Court, any question arises
as to the discovery of an official document, and any person or authority having custody legal or
otherwise of any such document refuses, upon request, to produce that document, on the
ground—
(a) That the document belongs to a class of documents which it is prejudicial to the security of
the State or injurious to the public interest to produce, or
(b) That the disclosure of the contents thereof will be prejudicial to the security of the State or
injurious to the public interest,
The Court shall stay the proceedings and refer the question to the Supreme Court for
determination.
(2) The Supreme Court may, pursuant to the provision of subsection (1)—
(a) order any person or authority having custody, legal or otherwise, of the document to
produce it; and any person so ordered shall produce the document for the purpose of
inspection by the Supreme Court; and

(b) determine whether or not any such document shall be produced in the Court from which
the reference was made after hearing the parties thereto or their legal representatives or after
heaving given them the opportunity of being heard.
(3) Where the Supreme Court is of the opinion that the document shall be produced, it shall
make an order upon the person or authority having custody of the document to produce the
same or so much of the contents thereof as is essential for the proceedings in accordance with
the terms of the order.
(4) Where the question of the discovery of an official document arises in any proceedings in the
Supreme Court in the circumstances mentioned in subsection (1) of this section, the Supreme
Court shall be governed, mutatis mutandis, by the preceding provisions of this section for the
determination of the question that has arisen.
Rules of Court Committee.
145.
(1) There shall be established a Rules of Court Committee which shall consist of—
(a) The Chief Justice, who shall be Chairman;
(b) The Director of Public Prosecutions;
(c) a Justice of the Supreme Court, a Justice of Appeal, and a Judge of the High Court, to be
appointed by the Chief Justice;
(d) The First Parliamentary Counsel;
(e) A nominee of the Attorney-General and Minister of Justice;
(f) Two practicing Counsel of not less than ten years standing both of whom shall be nominated
annually by the Sierra Leone Bar Association.
(2) Subject to the provisions of this Constitution the Rules of Court Committee may make Rules
of Court for regulating the practice and procedures of all Courts in Sierra Leone, which shall
include rules relating to the prevention of frivolous and vexatious proceedings

INDEPENDENCE OF THE JUDICIARY

What generally constitutes judicial independence has often generated scholarly debate among political
Scientists and lawyers. Many argue that it does not exist in the sense that lawyers believe it – i.e. an
independent judge that fairly and justly applies laws between litigants without external control. Others
argue that judicial independence can exist to a certain degree. That qualification in the latter’s argument
– degree of independence - defeats their point. The existence of judicial Independence in in Sierra
Leone, when properly examined, is a figment of lawyers’ imagination.
Often times, people conflate lack of independence to judges being bribed or influenced through bribery
or some direct interferences – those are merely functions of lack of integrity by the judges and do not
merit legal analysis. While, unfortunately, that too exists, it is not the focus of this article.
Judicial independence can be divided into de jure and de facto independence. De jure judicial
independence refers to situations where the laws expressly make stipulation for the guarantee of judicial
independence. De facto judicial independence refers to the phenomenon whereby judges are insulated
from external controls and interferences, and they are able to decide cases independent of anyone’s
direction. Where there is judicial independence in the true sense, judges decide cases based on what
they believe, relying on their personal preferences, understanding of the facts, and the applicable laws;
not on some extrinsic control or direction.
Section 120(3) of the 1991 Constitution of Sierra Leone guarantees an independent judiciary in the
following words:
“In the exercise of its judicial functions, the Judiciary shall be subject to only this Constitution or any
other law and shall not be subject to the control or direction of any other person or authority.”
For reasons below, this de jure guarantee of judicial independence is useless. With such express
provisions of the Constitution, one would expect that the judiciary would be independent and carry out
its functions without fear or favour or deference to any other person or authority. However, it is

surprising that since attaining independence in 1961, there is hardly any case that concerns the political
interest of a sitting government that has ever been adjudged against the government’s known position,
particularly by the Supreme Court.
The courts balance this glaring evidence of lack of independence by ensuring that it takes care to
pronounce popular decisions in some other cases that do not concern any of the core political interests
of the regime in power. An example was the All People's Congress v Nasmos and Another (SC. MISC.
APP .4/96) [1999] SLSC 3 (26 October 1999) where merely notifying the government before taking action
against the state was decided against the state - this led to the enactment of the State Proceedings Act
in 2000.
To prevent them from being determined on the merits, most “political” cases against the government
are dismissed from the very beginning by the Supreme Court using an ever-shifting application of locus
standi (the right to bring the case) doctrine and other objections as cover. Some cases never get assigned
to a panel for hearing while others are indefinitely adjourned for judgement, even though, by the
express provision of Sect 126 of the Constitution, cases ought to be decided within three (3) months
after final submissions by counsel.
Without them knowing or accepting it, and sometimes due to no fault of theirs, the Supreme Court
judges are tacit allies of the government-of-the-day and are used as instruments of social control. This is
why they cannot, by their decisions, go against the known position of the sitting government. They have
helped successive regimes solidify actions they are unsure of. They carefully dismantle normative
structures, like constitutional limitations, for the regime of the day by using illusive tools like the
“purposive interpretation” (popularized in the Sam Sumana V. AG case) – an interpretative tool that
allows judges to move away from the express words of a statute and rather focus on the law’s purpose -
and other techniques to give clearance to often unlawful actions of the executive. Interpretative tools
are not legally unacceptable but they have to be used fairly and justifiably within canonical limitations.
This sad state of affairs has led successive regimes to disrespect the Constitution they swore to protect
and confidently look to the Supreme Court for approval and not be let down. Many believe, and the
ECOWAS Court has rightly confirmed, that the decision in Sam Sumana V. Attorney-General and Victor
Foh (2015) was decided to favour the regime of the day by the law being clearly misapplied against the
elected Vice president who was unlawfully sacked by the President. The same goes for the decision in
Charles Francis Margai v. Solomon Ekuma Berewa (2005) where the issue of the resignation of a public
officer 12-months prior to elections was decided to favour the sitting Vice President. To cover this glaring
anomaly and help them maintain their relevance, they compensate society by seeming to be fair in some
other spheres of decision-making in which the regime has no interest at all and the judge is not
otherwise influenced by bribery or personal interest.

Many normative structures in the Constitution itself facilitate the lack of judicial independence. These
may include structures like power of appointment of judges, insecure tenures of judges, and control over
their salaries, emoluments, budget, promotion, etc. In Sierra Leone, all these factors are controlled by
the executive branch of government. For instance, Section 135 gives power to the president, acting on
the advice of the Judicial and Legal Service Commission, to appoint the Chief Justice and all other judges.
This provision leaves the appointment of judges squarely in the hands of the president - because by
Section 53(3) of the Constitution, the President does not have to act on the advice of anyone. The
President has a free hand in the appointment of judges (since approvals in Parliament are almost
invariably a “rubber stamp” affair). While Presidents in other parts of the world may have appointment
powers, they do so within set guidelines and rules and there are sufficient checks and balances to
counter-abuse. That does not seem to be the case with Sierra Leone.
This de jure control by the President, unfortunately, makes the judges to owe their appointment to him.
With that being the situation, there is a tacit agency relationship between the judges and the President
who appoints them. By this, a president does not necessarily need to call or instruct the judge to gain
favour from him. That ex-ante (before appointment) constraint makes the judge to feel obligated to the
president and would want to satisfy or protect his interest whenever necessary. Sierra Leone’s
constitutional framework for the appointment of judges is therefore a good example of a system that
facilitates ex ante control, which betrays judicial independence.
Further, despite the guarantee of tenure by Section 137(1) of the Constitution, the practice in recent
times has been for the President to order a sitting Chief Justice on “leave to retirement”, and in his place,
appoints another. The president, in effect, unlawfully “dismisses” a sitting Chief Justices and no one
challenges it – not even the judges themselves dare. This is what happened with Justice Ade Renner-
Thomas (A brilliant Chief Justice who was doing a lot to reform the legal landscape at the time) after the
assumption of President Ernest Bai Koroma in 2007. This situation has made the office of Chief Justice,
though the most important, be the most insecure of all justices – because, regrettably, the entry and exit
of the Chief Justice is controlled by the President. It would only make sense that Chief Justices ensure
strict discipline among the ranks of judges so as not to embarrass the regime in order to protect their job
– which makes them instruments of the regime in effect.
Similarly, ex ante (after appointment) factors like the allocation of budgets of the judiciary, the salaries
and emoluments of judges, their conditions of service and other benefits, and their promotion to higher
bench are all controlled by the Executive branch. These collectively create latent controls on the
judiciary.
These systems of ex ante and ex post facto control mechanisms in the hands of the executive has made
judges not to be willing to take the risk of attracting the anger of the sitting government. In fact, in the

last 20 years, immediately after elections and a change of government, the new President sends the
Chief Justice appointed by the previous regime on leave and in his place, appoints “his own” Chief
Justice. It is now a way of cementing control on the Judiciary.
As unconventional this may sound, Sierra Leone’s judiciary over the years has typified the positivist
maxim, “Quod principi placuit, legis habet vigorem” - translated to mean, “That which pleases the ruler
has the force of law”. Our courts, particularly the Supreme Court (with all due respect to its past and
present Learned Benchers among whom many command my respect), have been mostly instruments of
social control at the hands of the regime in power. They are only as independent as the regime would
want them to be. They have a limited sphere within which they can exercise independence, which
lawyers and their clients sometimes benefit from; but such is not as broad and unfettered as
conventional legal tutelage dictates. Until lawyers and judges collectively take conscientious steps to
reverse this anomaly that threatens their occupations by constitutional amendment and work
conscientiously to insulate judicial integrity, what is believed to be “judicial independence” will remain
the figment of judges’ and lawyers’ imagination.

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THE CONTENTS BELOW, ARE OBTAINED FROM DIFFERENT SOURCES, COMPILED AND FURTHER

HISTORICAL BACKGROUND AND DEVELOPMENT OF THE SIERRA LEONE LEGAL

WHAT IS LEGAL SYSTEM?

THE ORIGIN OF SIERRA LEONE LEGAL SYSTEM

MAKENI!! GRAMMATICAL ERRORS ARE INEVITABLE!

customary law in the South-east. For instance, in the North-east or North-west, a

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THE CHARACTERISTICS OF CUSTOMARY LAWS

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1. To replace paramount chiefs as local court chairmen.

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POST COLONIAL PERIOD

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STRUCTURE OF THE SIERRA LEONE COURTS

THE SUPREME COURT

The Chief Justice

Not less than four 4 Justices of the Superior Court

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JURISDICTIONS OF THE SUPREME COURT

in matters relating to the enforcement or interpretation of any provision of the Constitution of

THE APPEAL COURT

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The Court of Appeals shall consist of-

a. The chief Justice;

b. not less than seven justices of the Court of Appeal; and

JURISDICTION OF THE COURT OF APPEAL

It has no original jurisdiction but appellate jurisdiction. In exercising its appellate

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[A]The Chief Justice

[B]Not less than nine High Court judges

JURISDICTION OF THE HIGH COURT

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DIVISIONS OF THE HIGH COURT

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JURISDICTION OF THE MAGISTRATE COURT

Magistrate court is regarded as court of first instance as established in each district to

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THE DISTRICT APPEALS COURT

Appeal to Local Appeals Division of High Court

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Such other officers as the business of the court may require,

JURISDICTION OF THE LOCAL COURT

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THE COMMON LAW PROCEDURE

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HOW CIVIL MATTERS COMMENCE IN THE HIGH COURT?

1. Writ of Summons[ High Court rules Order 6 of 2007]

2. Originating Summons [High Court Rules Order 7 of 2007]

3. Originating notice of motion [High Court Rules Order 8 of 2007]

4. Petition [High Court Rules Order 9 of 2007]

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WHO SERVES ORIGINATING PROCESSES?

1. Bailiff of the Court.

Service of originating processes could either be,

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