Local Investor Frustrated
By Thaimu Thullah
Sierra Leone Judiciary is the news again and this time is for the worse reason. In modern world, justice is always seen to be served and delivered without fear or favor. In Sierra Leone, the result is always negative. Majority of Sierra Leoneans will agree with me that the judiciary is one of the main organs of government undermining justice. The system under which they operate has been questioned by local and international partners time without numbered. Our offices have become praying ground for aggrieved people whose cases before the judiciary and the police have either been suppressed with the disappearance of court files or face a situation of injustice. Taking into cognizance of that, starting from Land cases, commercial cases, etc one will agree with me that the name of the judiciary is always brought to the limelight. In Sierra Leone, political matters are always handle in the interest of the ruling government.
The reason for that is because Sierra Leone’s 1991 Constitution gives power to the sitting president to hire and fire and this has led to a situation wherein political appointees will choose to worship the president as against doing what is right. Sierra Leone Judiciary has been named and shamed by the international partners like the European Union who in their recent report named the judiciary as one of the organs of government undermining peace and stability. By that, it means, the judiciary is not doing much to dispense justice and hence such a situation becomes prominent in any nation, that nation will never grow. The Sierra Leone Police was also accused of playing dirty political games as was indicted in a report published by the European Union. These are testament that democratic institutions that should be seen dispensing justice are the very ones undermining justice. This brings to mind the case between Jaffer Zeighr and Leonoil. That matter has been in the judiciary for over three years and yet the judiciary keeps frustrating the young man.
Jaffar decided to seek redress in court. Three years later, a judgment was handed with some orders by Justice SO Tailor on the 7th day of February 2024 in favor of Jaffar Hussein Zeghir. Eventually, Leonoil filed in for a stay of execution and the court took its time to look into the reasons advanced for the stay of execution.
After two appearances, the court again ruled in favor of Jaffar Zeghir and some orders were again issued by the court which were flouted on the pretext of an appeal against the ruling of the High Court. This, by all indications, depicts disrespect for the rule of law.
The strategy been used by the Appeals Court not to even call the case after 90 days makes one to think and believe in the saying of ‘‘Justice Delayed is Justice denied’’ is being applied in this case.
The ruling by High Court Judge Justice Samuel Taylor required LeonOil to either return the 200,000 liters of petroleum products or compensate Jaffa with 6 billion Leones, equivalent to the value of the products at current prices. However, the situation took a frustrating turn when the Appeal Court intervened by placing a stay of execution on the High Court’s decision, effectively blocking Jaffa from receiving what is rightfully his.
What adds to the frustration is the perceived interference of influential individuals associated with LeonOil, both within and outside the government. This interference has seemingly been aimed at pushing Jaffa out of business, thereby highlighting the power dynamics at play in the business and legal landscape of Sierra Leone. The stalled progress due to the Appeal Court’s involvement, where the matter has been repeatedly adjourned without resolution, only serves to compound the injustice faced by Jaffa.
Overall, this case underscores the urgent need for reforms within the Sierra Leone Justice System. It sheds light on the challenges faced by individuals like Jaffa, who lack the influence and resources to navigate the complexities of a system that seems susceptible to external pressures and delays. The integrity and efficiency of the legal system are crucial to ensuring that justice is not only delivered, but also perceived to be fair and accessible to all, regardless of their standing or influence. Only through a transparent and accountable system can such injustices be addressed and prevented in the future