Governance and the Three Arms of Government in Sierra Leone

By Abubakar Hassan Kargbo

This book titled Governance and the Three Arms of Government in Sierra Leone seeks to critically analyse the three arms of government in Sierra Leone in terms of their adherence to democratic principles and best international practices since independence. The challenges governance institution have been facing are discussed and recommendation made .
The book also emphasized that despite the fact that the three arms of government inherited by the state of Sierra Leone at independence, it could be argued that the state of Sierra Leone has enormous tasks to perform in all the facets of the body politic; especially in the area of putting the necessary structures and institutions not only to complement the three organs but to promote better governance of the state of Sierra Leone. . Perhaps any government of Sierra Leone cannot only rely on the fact that it was democratically elected but has to deliver services efficiently and effectively to the public. It is argued therefore that for this all important reason it is not only incumbent on government to put in place the necessary institutions and structures but also the formulation of policies that will help facilitate the governance process. These institutions and structures when established and policies implemented against the backdrop of adequate resources will contribute positively to laying down the foundation of democratic good governance in the country. It contains three main chapters on legislative, executive and judicial arms of government and a conclusion.

• Language: English
• Publisher: AuthorHouse UK
• Release date: Oct 30, 2014
• ISBN: 9781496994042

Abubakar Hassan Kargbo

Abubakar Hassan Kargbo is currently the Chairman of the National Commission for Democracy. He lectures at the School of Social Sciences, Postgraduate Studies, Njala University, in Sierra Leone. Prior to his joining the Njiala University he taught International Relations, Ancient and Medieval Political thought at the Fourah Bay College University of Sierra Leone in the 1980 and International Economic Relations, Development Studies and Government at the Milton Margai College of Education and Technology respectively. Dr. Abubakar Kargbo completed his Doctorate in Jurisprudence (JU.Dr) International law and Organisation in 1977 at the Charles University, Law Faculty in Prague, Czech Republic. Prior to receiving his doctorate, Dr. Kargbo received his Masters Degree in International Relations and sat to the First State Examination from the same University in 1973. Dr. Kargbo is broadcaster, researcher, writer and consultant. He was the coordinator of the Core Team that put together the Vision 2025 document for Sierra Leone. He has presented numerous papers at conferences and workshops on topics on the media and governance, trade union issues, electoral systems, globalization and the third world, conflict and development. He is also the Chairman of the Board Campaign for Good Governance and NGO in Sierra Leone and was Commissioner Independent Media Commission.

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© 2014 Abubakar Hassan Kargbo. All rights reserved.

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

Published by AuthorHouse 04/30/2015

ISBN: 978-1-4969-9403-5 (sc)

ISBN: 978-1-4969-8668-9 (hc)

ISBN: 978-1-4969-9404-2 (e)

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Contents

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Introduction

Chapter One

Historical Development In Brief

The Nature Of The State Of Sierra Leone

Putting Governance Institutions In Place

Institutions Of Governance

Chapter Two

The Notion Of Good Governance

Democratic Good Governance In Sierra Leone

Participation

Respect For The Rule Of Law

Respect For Human Rights

Mutual Tolerance

Accountability And Transparency

Mitigating Corruption

Ensuring An Independent Judiciary

Recruitment And Career Development

Bad Leadership

Ensuring Gender Parity

Periodic, Free, Transparent, And Fair Elections

Freedom Of The Press And Access To Information

Control Of Security Forces

Decentralization

Core Institutions Of Governance In Sierra Leone

Chapter Three

The Executive Arm Of Government

Concept Of The Executive

Structure And Organisation

Financial Resources

Independence Of The Executive

Transparency And Accountability

Accountability

Integrity

Executive Oversight

Cabinet

The Civil Service

Public Sector Reform

Structure And Organisation

Resources

Independence

Transparency

Accountability

Chapter Four

The Legislative Arm Of Government

The Concept Of The Legislature

Direct Democracy

Representative Democracy

Structure And Organisation

Resources

Independence

Transparency

Accountability

Integrity

Role Of Parliament Of Sierra Leone

Activities

Parliament And Good Governance

Need For An Alliance And Networking With Other Entities

Role Of The Parliamentarian

Independent Media Coverage

Strengthening Civil Society Groups

Ensuring Good Governance

Conclusion

Recommendations

Chapter Five

Judicial Arm Of Government

The Concept Of The Judiciary

Magistrates And Local Court Justices

Independence Of The Judiciary

Recruitment And Career Development

Judicial Review Of Executive And Legislative Actions

Constraints Facing The Judiciary

The Sierra Leone Police Force

Prosecutors

Structure And Organisation

The Prison Department

Resources

Independence

Transparency

Accountability

Integrity

Legal Reforms

Challenges

Conclusion

References

INTRODUCTION

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This is an attempt to critically analyse the legislative, executive and the judicial arms of the government in Sierra Leone. I will first of all look at these institutions in terms of their inter-relationship against the backdrop of the doctrine of separation of powers and also the progress they have been making since independence in April 1961. Such an attempt will also critically look at not only the impact of the doctrine of separation of powers but also how it has been influencing the promotion of good governance in the body politic of Sierra Leone. A critical analysis will be made to assess the strengths and weaknesses of the arms of government in relation to the development of democratic good governance in the country. This will help to discern whether there have been challenges over the years and what areas should be strengthened if good governance is to be promoted. This exercise will entail taking a very critical look at what should be the proper role of governance institutions and the resources they should have at their disposal in other to effectively and efficiently facilitate good governance projects in the country. The chapters in this book will discuss how far the three core institutions of government have progressed in terms of ensuring their independence and the promotion of democratic good governance in the country. The challenges these key governance institutions have been facing will be given a critical look and recommendations proffered.

The book also emphasizes that despite the fact that Sierra Leone inherited these three arms of government at independence, significant progress has not been made even in terms of putting in place the relevant structures that would have enhanced better governance in the country over the years. This includes the failure of the Judiciary to harmonise the laws that characterise the justice system in the country and expedite cases to minimise the denial of justice as a result of undue delay, the Legislature to radically improve the capacity of parliament, the capability of parliamentarians, quality of debates and the Executive to minimise partisan tendencies and ensuring the equitable distribution of state resources.

Any government of Sierra Leone cannot only rely on the fact that it was democratically elected but has to deliver services efficiently and effectively to the Sierra Leone public. For this all-important reason, it is incumbent on government to put in place not only the necessary institutions and structures but also the formulation of policies that will help facilitate the governance process. When these institutions and structures are established, and the policies are implemented against the backdrop of adequate resources, they will contribute positively to laying down not only the foundation of democratic good governance but also efficient and effective service delivery in the country.

Good governance also implies that public resources and authority are used to benefit the entire community. In practical terms, democracy and good governance require, among others, active participation in decision making processes by the people, directly or through their duly elected representatives, parliaments and/or associations. Thus, participation not only recognizes people as citizens but makes government more representative of, and responsive and accountable to, the people it seeks to serve. (The Role of Parliament in Promoting Good Governance, ECA, 2012, P8)

Over the years the three arms of government have gone through several challenges bordering on inadequate resources, transparency, accountability and politicisation. Decades after independence the three arms of government are yet to surmount numerous challenges that characterise these institutions, especially the trend and tendencies towards politicisation of national issues. Politicisation has not only contributed to dysfunction in these institutions but also disconnect with the public who perceive them as partisan and not working in the interest of the people as a whole.

It could be argued that there is a link between the quality of democracy and state institutions. This entails the strengthening of the three arms of government in Sierra Leone. This will promote the effective participation of the people in the decision that affects their lives since they will be their own watch dogs to influence such decisions. The worse case scenario will be if the three arms of government are weak it will not only limit democracy but will not have the needed strength to word off partisan trends and tendencies that characterise multi-ethnic societies such as Sierra Leone. There might be the danger for the state of Sierra Leone to be under captivity by a clique or a group of people characterised by the exclusion of others in the decision making process.

The outbreak of the Ebola scourge in Sierra Leone in May 2014 exposed the weakness of our governance structures, especially in the Health Sector. This scenario calls for the urgent need to strengthen institutions of governance in order to mitigate negative trends and tendencies. It will be therefore incumbent on government to ensure that adequate resources are at the disposal of governance institutions to ensure their effectiveness, efficiency and sustainability at all times.

The need to promote democratic good governance through strong institutions can therefore not be over emphasised. It could be argued that weak institutions can undermine the economy even against the backdrop that the economy does not only constitute the basis of the superstructure but crucial to the promotion of democratic good governance.

In other to ensure the progressive development of the three arms of government in Sierra Leone these institutions should be characterised by among other things, good leadership; high degree of consensus as to the values and purpose; political commitment; clear mandate representing the aspirations of the people to ensure trust and legitimacy; ensure a delicate balance maintained in terms of effecting change; compliance; and the ability to manage diversity; capacity building, etc.

CHAPTER ONE

Historical Development in Brief

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In 1462, when the Portuguese explorer Pedro da Cintra named what is now known as the state of Sierra Leone Sierra Lyoa (lion mountain), little did he know that the area would materialize into an independent state bearing that name. Pedro de Centra was influenced by the topography and the climatic condition at the time he was traversing this part of the Atlantic Coast. In 1462 there were only scattered communities led by their respective traditional chiefs. Then the trans-Atlantic slave trade raised its ugly head, which led to the export of able-bodied Africans as slaves across the Atlantic to the Americas, and that led to inter-communal wars in search of slaves, particularly on the west coast of Africa.

Until the seventeenth century, the west coast of Africa had been characterised by empires such as Mali, Songhai, where communities lived together under powerful traditional rulers. European explorers, the end of the slave trade, and the coming of European missionaries facilitated the process of colonization of the west coast of Africa, particularly in Sierra Leone. The situation received legitimacy when the Berlin Conference was held in 1884–85, which led to the formal balkanization of Africa. With balkanization, Africa was strictly colonized by the Europeans, which added to political motive and national prestige and the desire to secure for themselves the source of raw materials and markets for their finished products.

On the west coast of Africa, the two major European powers were the British and the French, who had to sign several treaties between themselves, arbitrarily dividing the various territories from Senegal to Sudan. It was in this period that state formation like in Europe started, and Sierra Leone was carved after agreements were signed between France and Liberia.

Despite the fact that Sierra Leone became a Crown colony of Britain in 1808, British presence had been felt as far back in 1787. In 1799 a local government machinery of Sierra Leone – the oldest form of local government in the West African sub-region – was established when a royal charter granted by the British to the Sierra Leone Company made Freetown a municipality with a mayor, alderman, and sheriff. The setup of the Sierra Leone Company facilitated the arrival of Christian religious groups from England, followed by their civilisation missions characterised by the education and the conversion of natives to Christianity.

In January 1808 the country was transferred to the control of the British Crown, making it a crown colony. In 1896 Britain declared a protectorate over what remained of her sphere of influence in the hinterland of the country.

World events such as the World Wars changed the course of history in Sierra Leone; the impact of both wars on the political governance of Sierra Leone was significant. First, it became an eye opener that it was possible to challenge domination in the form of colonialism, particularly given the fact that the British fought against German nationalism and dominance. Despite the victory, at the end of the war Britain emerged very weak regarding its ability effectively to carry out its colonial policy. This was perhaps a contributing factor for the speeding up of the decolonization process that positively impacted Sierra Leone.

In 1946 the Protectorate Assembly was created, and in 1947 the proposals envisaged in the Sir Hubert Stevenson constitution were promulgated, which was an attempt to enhance the position of the protectorate in the constitution by giving its members, who represented the greater part of Sierra Leone, a majority. That was soon amended to an effective majority of at least fourteen seats out of thirty on the legislative council.

Independence for Sierra Leone was negotiated between Britain and political parties and other stakeholders at the Manchester Conference, where they set 27 April 1961 as the date for the independence of Sierra Leone.

At independence in 1961, Sierra Leone inherited the parliamentary system of government where, amongst other things, the prime minister was the leader of the party with the majority of seats in parliament; members of his cabinet came from members of parliament. By 1978 Sierra Leone gained a republican status under Justice CEO Cole, who became the first ceremonial president only for a day; he was replaced by Dr Siaka Stevens, who became the first executive president. The same year the one-party system of governance was declared, making the All People’s Congress Party the only recognized party.

For almost two decades the country went through socioeconomic and political challenges characterised by a bad governance environment. This included military coups, the one-party system of governance, corruption, poverty, and eleven years of civil war.

In 1996 the country was able to conduct a general election, which was won by the Sierra Leone People’s Party (SLPP), led by Dr Alhaj Ahmed Tejan Kabbah, and a peace agreement was signed in Lomé in 1999 after the devastating civil war.

The SLPP regime, perhaps while assessing the causes of the rebel war, saw the need to put in place the necessary structures and institutions that would contribute to mitigating conflict. In 1994 the National Commission for Democracy was created, as well as the Anti-Corruption Commission, the Human Rights Commission, the Independent Media Commission, the Political Parties Registration Commission, the National Revenue Authority, the National Public Procurement Authority, and many more.

In 2002 the war officially came to an end, and the post-war era was stabilized by a UN presence through the Peace Building Commission.