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Published online by
Sylvia Blyden Dot Com

17 Garrison Street,
Freetown,
Sierra Leone.
Tel: +232-77-772001
Tel: +232-88-321000
Tel: +232-76-350077
Tel: +232-30-321001
Email:
editor@awarenesstimes.com
Website:
www.awarenesstimes.com

FEATURES  

Conspiracy to Molest Sierra Leone's Marine Resources Minister!
By
Feb 19, 2010, 10:55
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CONTRARY TO A CERTAIN NEWS TABLOID CITING UNETHICAL  A.C.C. CONSPIRATORS, NOBODY HAD TO BAIL OUT HON. AFSATU KABBA AS SHE WAS NEVER ARRESTED.  SHE WAS ASKED UNDER SECTION 63(1) TO PROVIDE 2 SURETIES & ONE OF SALONES FOREMOST GOVERNMENT CRITICS, DR. SYLVIA BLYDEN SIGNED ONE OF THE HALF BILLION LEONES BONDS; WHICH ACTION IN ITSELF SPEAKS VOLUMES ABOUT THE SITUATION AFSATU KABBA FINDS HERSELF. THE PROPERTY USED TO SECURE THE HALF BILLION LEONES BOND 100% BELONGS TO DR. SYLVIA O. BLYDEN.
See below for Sections 63, 64, 65 & 66 of the Anti Corruption Act of 2008. Upon her arrival to honour the Invitation sent to her by the Commission, Hon. Afsatu Kabba was served Notice under Section 63(1) in the presence of the Publisher of the Awareness Times. She was not at all handled under Section 66. She was not told she was under arrest nor was she treated as a criminal by anyone. At no point in time was she arrested. She was merely invited to answer to questions.


Surrender of travel documents.

63. (1) Where the Commission has reason to

believe that any person who is under investigation under this Act is

about to leave Sierra Leone, the Commission may, in writing under the

hand of the Commissioner, serve a notice on such person requiring him-

(a) to surrender his travel documents forthwith

to the Commissioner; and

(b) to enter into recognizance with two sureties

who are owners of property in Sierra Leone

the value of which is not less than fifty

million leones, each.

(2) A travel document which is surrendered to the

Commissioner under this section may be held for a period of three months

from the date on which the notice was issued.

(3) Where it appears that the investigation may not be

completed before the expiry of the period of three months, the

Commission may renew the notice for such longer period as may be

reasonably required.

(4) Where a person who possesses a travel document

fails to comply with the notice forthwith, he may thereupon be arrested

and taken before the Commission and unless

such person complies with the notice, the Commissioner shall by warrant

commit him to prison for ten days and thereafter, until the Commission

completes the investigation in respect of him.

(5) Subject to subsection (3), a person to whom a notice

under subsection (1) is addressed shall not leave Sierra Leone before the

expiry of the period of three months from the date of the notice unless-

(a) an application made under section 64

for the return of the travel documents is

granted; or

(b) an application made under section 65

for permission to leave Sierra Leone is

granted.

 

Return of travel documents.

64. A person who has surrendered his travel documents

under section 63 may apply inter partes to the court for the return

of his travel documents.

 

Permission to leave Sierra Leone.

65. (1) Without prejudice to section 64, a person on

whom a notice under section 63 is served may at any time apply in

writing to the Commissioner or inter partes to a judge or both for

permission to leave Sierra Leone, and every application shall contain a

statement of the grounds on which it is made.

(2) A judge shall not consider an application made

under subsection (1) unless he is satisfied that reasonable notice in writing

of it has been given to the Commissioner.

(3) The Commissioner or a judge shall only grant an

application made under subsection (1) where the Commissioner or the

judge, as the case may be, is satisfied that having regard to all the

circumstances, including the interests of the investigation referred to in

subsection (1) of section 63, a refusal to grant the application would cause

unreasonable hardship to the applicant.

(4) Before an application is granted under this section-

(a) the applicant may be required to-

(i) deposit such reasonable sum of

money with such person as may be

specified;

(ii) enter into such recognizance with

such sureties, if any, as may be

specified; or

(iii) deposit such sum of money and enter

into such recognizance as may be

specified;

(b) such applicant or surety may be required to

deposit such property or document of title or

instrument thereto with such person as may

be specified for retention by that person

until such time as any recognizance entered

into under this subsection is no longer

required or is forfeited.

(5) A recognizance referred to in subsection (4) shall be

subject to a condition that the applicant shall appear at such time and place

in Sierra Leone as may be specified and at such other time and place in

Sierra Leone thereafter as may be further specified.

(6) An application under this section may be granted

either without condition or subject to a condition that the applicant shall

appear at such time and place in Sierra Leone as may be specified and at

such other time and place in Sierra Leone thereafter as may be further

specified.

(7) Where a person is permitted to leave Sierra Leone

under this section subject to a condition imposed under subsection (5) or

(6), then after the time specified under that subsection or (if applicable)

after the last of such times, subsection (5) of section 63 shall continue to

apply in respect of the person as if the person had not been permitted to

leave Sierra Leone under this section.

 

Powers of arrest.

66. (1) An investigating officer authorized in that

behalf by the Commissioner may, without warrant, arrest any

person upon reasonable suspicion of his having committed or being about

to commit an offence under this Act.

(2) Where the Commissioner is satisfied that a person

who may assist the Commission in an investigation-

(a) has interfered with a potential witness; or

(b) intends to destroy documentary evidence

which is in his possession and which he has

refused to give to the Commission,

the Commission may, in writing under the hand of the Commissioner,

direct an investigating officer to arrest that person.

(3) An investigating officer may solicit the assistance

of a police officer, in effecting an arrest under this Act.

 

Bail and other procedures after arrest.

67. (1) A person arrested under section 66-

(a) may be taken to the offices of the

Commission;

(b) may be taken forthwith to a detention

facility established by the Commission; or

(c) may be taken to a police station and

dealt with in accordance with the

Criminal Procedure Act, 1965.

(2) A person arrested and taken to the offices of the

Commission or detained at a detention facility pursuant to subsection (1)

may be-

(a) detained there if the Commissioner

considers it necessary for the purpose of

further inquiries;

(b) released from custody-

(i) on surrendering his travel documents

to the Commission; or

(ii) on depositing such reasonable sum

of money as the Commission may

require; or

(iii) on his entering into recognizance

with such sureties, if any, as the

Commissioner may require and

conditioned upon the attendance of

the person at the offices of the

Commission at such time or times as

the Commissioner may specify; or

(iv) on condition that he resides at such

address as the Commissioner may

specify; or

(v) on condition that he attends at the

offices of the Commission at such

time or times as the Commissioner

may specify; or

(vi) on any one or more of the conditions

set out in sub-paragraphs (i) to (v).

(3) Where a person released from custody under this

section fails to attend at the offices of the Commission, the deposit paid or

recognizance entered into for release, as the case may be, may be forfeited

by a judge upon application by the Commission.

(4) Any person who is detained at the offices of the

Commission under this section shall be brought before a court as soon as

practicable but not later than ten days after his arrest in accordance with

paragraph (a) of subsection (3) of section 17 of the Constitution, unless

sooner released on bail.

(5) Any person detained by the Commission for the

purposes of further inquiries under paragraph (a) of subsection (2) shall,

while being moved to or from any other place in the custody of an

investigating officer on the instructions of the Commissioner, be deemed

to be in lawful custody.

(6) The Commission may, by statutory instrument,

make such provisions as it considers necessary for the treatment of

persons detained by the Commission.

(7) In this section, the reference to Commissioner in

subsections (2), (3) and (5) includes the Deputy Commissioner and, where

appropriate, any investigating officer designated by the Commissioner in

that behalf.

 


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