Citizens making their inputs on what a new Constitution of Sierra Leone should contain, have been vehemently stating over the radios and during ward level constituency meetings, that the Judiciary catalysed years of brutal civil war. This re-echoes report of the Truth & Reconciliation Commission.
However, the Judiciary, to their credit, is not all terrible but has few rotten eggs acting in ignoble manners because they possess weak moral rectitude. The bad judges overshadow upstanding judges who deliver judgments that have been pivotal to sanctity of the country.
For example, those following the recent legal arguments at Supreme Court will have learnt a lot about circumstances under which Injunctions are granted.
5 Supreme Court judges convincingly rendered in their rulings why it was not possible for an Injunction to be granted in favour of Sam-Sumana against VP Foh as the country can’t do without a sitting VP - whether disputed or not.
Another time the Judiciary has acted upright was in September 2012 when it slammed an instant Injunction against the former members of Independent Media Commission in that IMC’s grossly unlawful attempt to suspend the Awareness Times from publishing.
A huge bundle of documents totaling almost 100 exhibits and affidavits were within 24 hours, convincingly arraigned to indicate extreme incompetence and gross malice on part of the former IMC team against Awareness Times.
With such overwhelming evidence, no credible Judge could have rejected the application for an Injunction then. It was swiftly granted. The judge in question had absolutely no relationship with this paper. No-one at this paper has, to this day, ever met that Honourable Judge.
Fast forward to year 2015 and we have a judge of questionable character like Allan B. Halloway with allegations of corruption around him to extent he was dragged out of chambers like a criminal and frogmarched to Anti-Corruption.
|Alleged Rogue Judge Allan Halloway: needs to be of high moral rectitude but recent case he didn’t recuse himself off, has created serious concern
After five to six years of suspension, during which Independent Observer newspaper was the main newspaper outlet fighting for him, Halloway has suddenly been allowed back on to sacred Bench and unfortunately was handed a file to preside over a matter taken to the courts by Independent Observer. Like will be expected of any alleged rogue judge, Halloway did not recuse himself off the case.
Rather, Halloway has been quick to show his colours with what has been described as one of the most ludicrous, most ridiculous, trash rulings ever delivered about legitimate fines.
A ruling with no basis in the Law; a ruling that in many opinions, is simply trash and tautology; A complete boto-bata (trash) that pains the heart of any patriot. It grievously seeks to undermine growing confidence that citizens now have in revamped IMC and by extent, gives flesh to growing concerns over roguery in the Judiciary that catalysed into the brutal war in the first place.
A most amusing aspect of Halloway’s Ruling though is that it is so crass in extent of tautology within that it gave an Opinion on what is a ‘realistic’ fine and then ordered a “Review”.
Well, thankfully IMC does not have to follow his boto-bata Opinion. The IMC can follow his Order, review their fines and conclude after review that all the fines are quite in order. We hope that is what IMC ends up doing! Review and retain the fines exactly as they are.
With all seriousness though, citizens are not happy with Judiciary and alleged rogue judges like Halloway won’t help to rebuild confidence in Judiciary with boto-bata rulings not grounded in Law.