Former Attorney-General and Minister of Justice Joseph Fitzgerald Kamara (JFK) has sharply condemned new judicial directives on drug offences, warning that they undermine constitutional protections, erode the presumption of innocence, and exceed the powers of the judiciary.
Kamara, one of Sierra Leone’s most respected legal minds, said the sweeping Practice Directions issued by the Honourable Chief Justice represent an attempt to “judicialize the fight against drug abuse” in ways that conflict with established law and the country’s constitutional framework.
The directives, which took effect on December 1, mandate that all drug-related charges be heard exclusively in the High Court. They severely restrict the granting of bail, permitting it only under the narrow terms of section 76(1) of the 2024 Criminal Procedure Act. Courts handling drug matters are also authorised to sit on Saturdays, and all convictions under the National Drugs Control Act must now result in custodial sentences. The new measures impose particularly harsh penalties for offences under sections 7a–c of the Act, including a minimum sentence of thirty years in prison.
Kamara argues that these changes amount to a dangerous departure from due process, particularly the effective prohibition of bail for drug offences. He cautioned that an accused person who is innocent would be forced to endure the entire trial in detention, with little prospect of compensation even if acquitted. Such rigidity, he warned, could be exploited for political gain and “opens the floodgates to abuse” in a system where wrongful detention claims are practically unheard of.
The former Attorney-General also questioned the legality of introducing such sweeping measures through Practice Directions rather than through Parliament. He noted that creating or amending substantive law is a constitutional function of the legislative branch, not the judiciary, and that any attempt to do so through administrative directives risks upsetting the balance of powers. In his view, only reasoned judicial decisions—not directives—can legitimately shape the law from the bench.
The Judiciary has not responded publicly to Kamara’s concerns. Officials have previously argued that tougher measures are necessary to curb the surge in illegal drug production, trafficking, and use that has strained the country’s justice and public health systems. However, Kamara’s remarks are likely to fuel broader debate within Sierra Leone’s legal and political circles, with some observers anticipating that the directives may face legal challenge.
For now, the measures remain in force nationwide, marking one of the most aggressive judicial responses to drug-related offences in the country’s recent history.
