Sierra Leone Anti-corruption Commission

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The Sierra Leone Anti-corruption Commission (ACC-SL) commonly known as ACC is an independent agency of the Sierra Leone Government, that investigates and prosecutes corruption cases in Sierra Leone. The ACC is supervised by the Sierra Leone Ministry of Justice. The current Head of the ACC is Francis Ben Kaifala, who has been in office since June 2018. [1]

Contents

The ACC was established by the Anti-Corruption Act passed by the Sierra Leone Parliament in 2000 under the leadership of then Sierra Leone's president Ahmad Tejan Kabbah. [2] It supersedes the 1960 Prevention of Corruption Act. The Head of the ACC is appointed by the president of Sierra Leone and must be confirmed by the Parliament of Sierra Leone. The Sierra Leone president has the constitutional authority to sack the ACC Head at any time.

Formation

The ACC was established following the 1990s civil war to investigate rampant corruption in public agencies, then beginning to receive renewed foreign investment. The 2000 Anti-Corruption Act established the ACC as an independent commission to investigate government corruption. The ACC was partially funded and staffed by foreign (mostly British) experts, although in 2007 the British government withdrew support claiming the ACC were not given broad enough powers. [3]

Its first major action was to order the arrest of Sierra Leone's Minister of Transport and Communications Momoh Pujeh and his wife for involvement in the illegal diamond trade which funded much of the Civil War. [4] Corruption is seen as a generalised problem of huge proportions in Sierra Leone, and a contributing factor to the outbreak and continuation of the bloody civil war which destroyed the nation. [5] As late as 2007, the government itself admitted that entire ministries failed to produce any work, as their entire budgets were being diverted through corruption. [6] A BBC journalist interviewed the Foreign Minister in 2007 and found that her office toilets were never connected to water sources as construction contractors failed to carry out jobs for which they were paid. [7]

The hitherto accusation against the ACC for not being committed to the fight against corruption has changed with the change in government in 2018. With a new commitment from President Julius Maada Bio, considerable efforts have been made aimed at corruption control and the country has repositioned itself to more robustly deal with corruption. [8] One foreign commentator accused the pre-2004 ACC in a World Bank study of being a "Phoney" reform organisation, created to "appease foreign donors" but not effectively fight government corruption. This is no longer the case with the commission now pursuing cases involving past and present government officials with no favoritism or sacred cows. [9]

Reforms

In November 2005, ACC head Valentine Collier was himself sacked, accused of involvement in corruption, [10] [11] although his defenders argue he was sacrificed by the Sierra Leone parliament to appease the British government's Department for International Development (DFID), the ACC's primary funder. [12]

In 2005, its power to prosecute was removed from the office of the Sierra Leone Attorney General, and given to an independent three person body.

In early 2008, the commission's powers were again amended to give it direct arrest and prosecutorial powers [13] following the electoral victory of President Ernest Bai Koroma in September 2007 on a platform that made new anti-corruption actions a central plank. [14] [15] In October 2007, Henry Joko-Smart was removed as chair, accused of not doing enough to move prosecutions forward, and replaced with human-rights lawyer Abdul Tejan-Cole. [16] Active cases have dramatically increased from 2004. [8] Notable 2008 prosecution targets included the former senior Sierra Leonian government Ombudsman [15] and 12 officials of the Customs and Excise Department of the National Revenue Authority (NRA) as well as one police officer connected with the NRA. [13] In 2010 Tejan-Cole stepped down to become the executive director of the Open Society Initiative for West Africa. [17] The story of the Anti-Corruption Commission has been different since June 2018 with the change in leadership not just for the commission but also for the country. Prosecutions and investigations now cover the high and low including current and past government officials, the judiciary, the police, the private sector, the revenue generating bodies, the educational sector and even the Presidency. High Profile cases include those against the Former Vice President Victor Foh, the former Head of the National Revenue Authority Haja Kallah Kamara, Former head of the National Maritime Administration, the current Minister of Labour Alpha Timbo, and many others. These new developments are encouraging as the commission is becoming the model of the fight against corruption in Africa with a lot to be hopeful about.

The current head of the ACC is Francis Ben Kaifala. [18]

Related Research Articles

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Sierra Leone, officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered to the southeast by Liberia and by Guinea to the north. Its land area is 71,740 km2 (27,699 sq mi). It has a tropical climate and environments ranging from savannas to rainforests. As of the 2015 census, Sierra Leone had a population of 7,092,113. Freetown is both its capital and its largest city. The country is divided into five administrative regions, which are further subdivided into 16 districts.

Sierra Leone first became inhabited by indigenous African peoples at least 2,500 years ago. The Limba were the first tribe known to inhabit Sierra Leone. The dense tropical rainforest partially isolated the region from other West African cultures, and it became a refuge for peoples escaping violence and jihads. Sierra Leone was named by Portuguese explorer Pedro de Sintra, who mapped the region in 1462. The Freetown estuary provided a good natural harbour for ships to shelter and replenish drinking water, and gained more international attention as coastal and trans-Atlantic trade supplanted trans-Saharan trade.

<span class="mw-page-title-main">Government of Sierra Leone</span>

The government of Sierra Leone is the governing authority of the Republic of Sierra Leone, as established by the Sierra Leone Constitution. The Sierra Leone government is divided into three branches: the executive, legislative and the judiciary. The seat of government of Sierra Leone is in the capital Freetown.

<span class="mw-page-title-main">Ahmad Tejan Kabbah</span> 3rd President of Sierra Leone (1996–97, 1998–2007)

Alhaji Ahmad Tejan Kabbah was a Sierra Leonean politician who served twice as the 3rd President of Sierra Leone, from 1996 to 1997 and again from 1998 to 2007. An economist and attorney by profession, Kabbah spent many years working for the United Nations Development Programme. He retired from the United Nations and returned to Sierra Leone in 1992.

<span class="mw-page-title-main">Johnny Paul Koroma</span> Military dictator of Sierra Leone from May 1997 to February 1998

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Julius Maada Wonie Bio is a Sierra Leonean politician who has served as president of Sierra Leone since 4 April 2018. He is a retired brigadier in the Sierra Leone Army and was the military head of state of Sierra Leone from 16 January 1996 to 29 March 1996, in a military junta government known as the National Provisional Ruling Council (NPRC).

The Armed Forces Revolutionary Council (AFRC) was a group of Sierra Leone soldiers that allied itself with the rebel Revolutionary United Front in the late 1990s. While the AFRC briefly controlled the country in 1998, it was driven from the capital by an international military intervention of the Economic Community of West African States Monitoring Group (ECOMOG). It was no longer a coherent and effective organization by the elections of 2002.

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Abdul Tejan-Cole is a Sierra Leonean Oku legal practitioner and former Commissioner of Sierra Leone's Anti-Corruption Commission. He was awarded the 2001 Human Rights Watch award.

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Dr Samura Mathew Wilson Kamara is a Sierra Leonean politician and economist. He was the All Peoples Congress (APC) Party's candidate for President of Sierra Leone in the 2018 election and 2023 election. He was the Minister of Foreign Affairs and International Cooperation of Sierra Leone from 2012 to 2017, Minister of Finance and Economic Development from 2009 to 2013, Governor of the Bank of Sierra Leone from 2007 to 2009, Financial Secretary in the Ministry of Finance during President Ahmad Tejan Kabbah's administration.

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Although there were attorneys-general that served the Colony of Sierra Leone, the Office of the Attorney General and Ministry of Justice that still stands today was first established in 1961. It would not combine with the Ministry of Justice until 1978 when the country's constitution was amended. The office is responsible for prosecuting all offenses in the name of the Republic of Sierra Leone. The Solicitor General and the Director of Public Prosecutions are two sub-units of the Office of Attorney General and Ministry of Justice.

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Corruption is endemic in Sierra Leone. Sierra Leone is widely considered to be one of the most politically and economically corrupt nations in the world and international rankings reflect this. Transparency International's 2023 Corruption Perceptions Index scored Sierra Leone at 35 on a scale from 0 to 100. When ranked by score, Sierra Leone ranked 108th among the 180 countries in the Index, where the country ranked first is perceived to have the most honest public sector. For comparison with worldwide scores, the best score was 90, the average score was 43, and the worst score was 11. For comparison with regional scores, the average score among sub-Saharan African countries was 33. The highest score in sub-Saharan Africa was 71 and the lowest score was 11. The 2018 Global Competitiveness Report ranked Sierra Leone 109th out of 140 countries for Incidence of Corruption, with country 140 having the highest incidence of corruption. Corruption is prevalent in many aspects of society in Sierra Leone, especially in the aftermath of the Sierra Leone Civil War. The illicit trade in conflict diamonds funded the rebel Revolutionary United Front (RUF) forces during the civil war, leading to fighting between the Sierra Leone Army and the RUF for control of the diamond mines. Widespread corruption in the health care sector has limited access to medical care, with health care workers often dependent on receiving bribes to supplement their low pay.

References

  1. "New ACC boss takes oath at State House". The Patriotic Vanguard. 28 June 2018. Retrieved 7 July 2022.
  2. "Archived copy". Archived from the original on 16 February 2012. Retrieved 1 May 2009.{{cite web}}: CS1 maint: archived copy as title (link)
  3. SL Crime-buster wants clout Archived 7 January 2008 at the Wayback Machine . Reuters/News24 (SA) 08/12/2007
  4. Sierra Leone minister arrested. BBC. 1 November 2001
  5. Sierra Leone still blighted by war. Joseph Winter, BBC. 17 October 2005.
  6. S Leone 'riddled with corruption'. Mark Doyle, BBC. 14 November 2007.
  7. Can S Leone flush away corruption. Mark Doyle, BBC. 23 January 2009.
  8. 1 2 Liliane Bitong Ambassa/IRIN. 16 December 2005 (IRIN)
  9. pp. 270-271. Sahr Kpundeh. Process interventions versus structural reforms: institutionalizing anticorruption reforms in Africa. pp. 257-282 in Building State Capacity in Africa: New Approaches, Emerging Lessons. Brian Levy, Sahr John Kpundeh (eds). World Bank Publications, (2004) ISBN   978-0-8213-6000-2
  10. Donors pledge to rebuild S Leone. BBC. 1 December 2005.
  11. Mr. President, just for the sake of integrity. John Baimba Sesay Awoko (Freetown). 30 July 2008
  12. Let the dishonourable members exit. Editorial The Christian Monitor (Freetown) Monday, 9 April 2007
  13. 1 2 Anti-Corruption Commission arrests 12 Government Officials. Sierra Leone Court Monitoring Programme. 8 Mar 2008
  14. S Leone president declares assets. BBC. 1 September 2008.
  15. 1 2 Sierra Leone police detain ex-ombudsman. Reuters/IOL (SA). 18 April 2008
  16. Sierra Leone Sacks Anti-Corruption Chief [ permanent dead link ]. Kari Barber. VOA News. 24 October 2007
  17. "Abdul Tejan-Cole | Open Society Foundations (OSF)". Archived from the original on 5 March 2014. Retrieved 5 March 2014.
  18. "::: Welcome to ANTI-CORRUPTION COMMISSION :::". Archived from the original on 5 March 2014. Retrieved 5 March 2014.