By Ibraheem Daramy
It is common place across the world, I mean the English speaking side for my reference, where law enforcers will invoke the cardinal rule to a suspect upon arrest. You have the right to remain silent, or anything you say will be used against you in the court of law. You have a right to an attorney, if you cannot afford, the State will provide you with one. In the case of Sierra Leone, this one does not count in any way. Chapter II of the 1991 constitution just about made a mockery of all the goodies enshrined therein. The drafters tacitly took away everything they gave to the citizens in a few words as they closed that very chapter. Notwithstanding the provisions of Section 4, the provisions contained in this chapter shall not confer legal rights and shall not be enforceable in any court of law, but the principles contained therein shall nevertheless be fundamental in the governance of the State, and it shall be the duty of Parliament to apply these principles in making laws.
Part VI of the Legal Aid Board Act, enacted in 2012 says, where the interest of justice so requires, an indigent who is arrested, detained or accused of a crime shall, subject to this Act (a) have access to legal advice and assistance (b) legal representation, where the indigent’s application for legal representation has been approved by the Board from the moment of his arrest until the final determination of the matter and subject to Section 28, the appellate process.
In my over 2 decades as a rights advocate, and even as a kid, I was civic minded, I have to admit the Legal Aid Board came in as a monumental relief, albeit the pervasive challenges that has rocked the justice sector. I must confess faith in the sector is at an all time low, I might not have the statistics to back that up. But please don’t hound me, someone somewhere might just have to spare my blushes with solid evidence. So I’m respectfully asking you to please hold your peace.
I have been following the work of the Legal Aid Board across the country, because they came along with what rights advocates like us had lacked – they have the State at their beckoning. Given the way they have being going about with their work, their presence in matters is a sure confidence booster for those citizens at the low ebb of society. The figures of those in their records breathing fresh air today as a result of their interventions have been quite impressive. I am calling on others to join me in calling on the powers that be to double up their support to this all important state agency. I have witnessed how their gains have contributed to our Global Human Rights ratings.
I was at their Tonkolili office on 08/08/2024, to witness a matter sent to them by another state agency. It was such a complicated case, it would require razor sharp skills in mediation so the entire community does not go up into flames. The case was so complex and fragile there was no chance any one side would take home everything. I don’t want to risk the wrath of the Legal Aid Board, so I’m asking all of us to please respect the privacy of the parties involved. When I saw those beligerents who just few hours earlier tore through one another recalling how they used to live as one, it left me with a very strong impression that justice can indeed be served without using those divisive approaches we are all accustomed to. But if we must maintain and/or improve on the gains made so far, we must not take our eyes off what I’ll not scratch my head to describe as the elephant in the room. My observation of the offices left me wondering what the results would have been if there were those essential enablers, like computer and accessories, furnishing, mobility, etc. etc. You will be welcomed by those empty spaces itching to be filled with a simple walk around. As I took my leave, I saw some of the officers boarding hired commercial motorbikes under the rain venturing out on rather impossible roads to serve invitations and attend to their outreach routines. I had to tell myself this is the height of one commiting to duty.
Madam Fatmata Carlton Claire-Hanciles, I salute you ma’am. Just tell your personal assistant to have my name into your list of acolytes, you have earned my respects. I can only guess what your work load is, now that the kush demic has made it into your menu.
