Jaffa cries for Justice

By Thaimu Thullah

‘‘Justice delayed is justice denied’’ is a legal maxim. It means that if legal redress or equitable relief to an injured party is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all. This is the current state of affairs at the Sierra Leone Judiciary. Quite a good number of Sierra Leoneans have been crying for justice since John was a boy, and yet justice has not been served. We are in a country where justice is only seen to be served to those presumed to matter in society, ultimately, with justice being usually served to influential people who dictate the circle. If you walk along the corridors of the Sierra Leone Judiciary Building, you will hear murmurings by poor Sierra Leoneans who have been chasing their files and cases for years. They will either tell you about missing files or somebody above is frustrating the process for justice not to be served. That’s why Sierra Leoneans no longer have confidence  in the justice system. The doors of media houses and that of civil society organizations have become churches and mosques of aggrieved Sierra Leoneans, who are frustrated with the running of the justice sector in the country, revealing heartbreaking stories of abuse and discrimination. The Acting Chief Justice, Hon. Justice Browne-Marke, a man known to be strict with discipline, must not allow individuals to taint his hard-earned reputation built over the years. Because of the failure on the part of the Judiciary to dispense justice, Sierra Leoneans strongly believe that the entire system is tied and controlled by selected few, who determine the fate of everyone. This brings to mind a case in the Appeals Court between Jaffer Hussien Zeghir versus Leonoil.

It is disheartening that after several years of legal battle between Jaffa and LeonOil Sierra Leone, resulting in a ruling delivered by the Presiding Judge, Justice Samuel Taylor, only for the said execution of the Court order to be put on hold by the Appeals Court, dashing the hopes of the complainant for Justice. Under such circumstances, aggrieved parties to any litigation of this nature find themselves between the devil and the deep blue sea, raising pertinent questions about the independence of the Judiciary and the credibility of our judicial system.

This long-drawn trial has rendered faith in the judicial system at a very low ebb, as the complainant has had to endure setbacks in his business, in what has been a simple business transaction of the sale of goods, where one party refuses to honor its obligation to a buyer of goods. For many following the case between Jaffa and LeonOil in Sierra Leone, they see the ongoing delay as a travesty of Justice, especially as the Appeals Court continues to adjourn the matter.

Majority of those who have been following this case believe that the issue of justice delayed, which essentially translates to justice denied, is a calculated attempt to frustrate the complainant and deprive him of his right, simply because he lacks the wherewithal to fight a multi-million dollar oil company.

Justice, they say, is not a respecter of person, and everyone is deemed equal before the law.

It could be recalled after three years of legal proceedings, the High Court, presided over by Hon. Justice Samuel Taylor, made a ruling in favor of Jaffa. The ruling 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 the current prices. It is therefore unfortunate that the Appeals Court should slam a stay of execution on the ruling of the Judge, effectively putting a hold on the entire process of achieving Justice, reversing the good work of the Learned Judge, and depriving Jaffa from receiving what is rightfully his.

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 reform 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.