Mackie M. Jalloh: Sierra Leone Telegraph: 3 November 2024:
A coalition of prominent civil society organizations in Sierra Leone has published a comprehensive analysis today, raising significant concerns about the procedural fairness and evidential standards in the recent government tribunal report on Auditor General Mrs. Lara Taylor-Pearce and her former Deputy, Mr. Tamba Momoh.
The tribunal report, initially released in July 2024, alleged serious misconduct and recommended their removal from office, but the civil society coalition’s findings cast doubt on both the tribunal’s conclusions and its recommendations.
The analysis, authored by organizations including the Budget Advocacy Network (BAN), the 50/50 Women’s Group, the Sierra Leone Association of Journalists (SLAJ), and Transparency International Sierra Leone, identifies several procedural shortcomings.
According to their assessment, the tribunal’s process deviated from principles of natural justice, lacked adherence to transparent legal standards, relied on selective evidence, and showed potential bias.
At the heart of the coalition’s conclusions is the assertion that the tribunal failed to clearly articulate specific allegations against Taylor-Pearce and Momoh. Rather than basing its findings on a thorough examination of evidence from a range of sources, the tribunal reportedly relied heavily on state witnesses, while excluding expert testimonies that could have provided valuable insights.
The coalition argues that this selective use of evidence created an imbalance in the tribunal’s proceedings, potentially leading to unsupported conclusions, thus raising concerns about the impartiality of its findings.
The coalition’s analysis also highlights what it calls a misapplication of legal standards. The tribunal’s conclusions, the report claims, did not meet the necessary evidentiary thresholds to substantiate allegations of serious misconduct.
In addition, the absence of specific details regarding Taylor-Pearce’s and Momoh’s alleged actions has led coalition members to question the validity of the findings. They argue that in the absence of clearly defined breaches of conduct or evidence of ethical violations, the tribunal’s conclusions and recommendations are not sufficiently grounded to justify the call for the removal of these officials from the Audit Service of Sierra Leone.
The coalition’s statement further criticizes the tribunal’s recommendation for a subsequent investigation by the Anti-Corruption Commission. According to the coalition, this suggestion exacerbates concerns about fairness and undermines confidence in the tribunal’s report, as it seems to further target the individuals without substantive evidence to support allegations of misconduct.
In light of these findings, the coalition recommends that Parliament should either dismiss the tribunal’s recommendations or delay any decision until a more comprehensive, unbiased review can be conducted.
Specifically, they urge Parliament to await a revised report from the Attorney-General that includes a complete annex of evidence to allow for a fair assessment of the allegations.
The coalition also call on Sierra Leone’s judiciary to expedite the Supreme Court case filed by Mrs. Taylor-Pearce to ensure her right to a timely and just hearing.
Another area of concern in the tribunal report involves proposed changes to the Constitution, particularly Section 119(9) of the 1991 Constitution, which relates to the role and independence of the Auditor General. The coalition warns that any amendment should prioritize the protection of the Auditor General’s independence, a core component of Sierra Leone’s checks-and-balances system.
The coalition suggests that, while procedural improvements may be warranted, these should be carefully constructed to avoid compromising the autonomy of the Auditor General’s office. They caution that attempts to exert undue oversight or disciplinary authority could weaken the office, making it vulnerable to political pressures.
Organizations involved in the coalition represent diverse segments of Sierra Leone’s civic society. BAN includes groups such as Christian Aid Sierra Leone, ActionAid Sierra Leone, and the Network Movement for Justice and Development (NMJD), while the 50/50 Group advocates for women’s political participation. SLAJ plays a critical role in protecting free speech and press freedoms, and ILRAJ, as a non-partisan think tank, monitors human rights and rule of law issues. Additionally, Citizens’ Barray focuses on civic empowerment, and the Eminent Women Peace Mediators-Sierra Leone (EWPM-SL) works to prevent election-related conflicts and promote peace.
This unified stance from prominent organizations emphasizes a call for procedural integrity, evidentiary rigor, and transparency, which are seen as fundamental to ensuring fair treatment for public officials and preserving the credibility of Sierra Leone’s accountability institutions.
As Parliament prepares to deliberate on the tribunal’s recommendations, this coalition’s analysis serves as a powerful appeal for lawmakers to prioritize justice and fairness over politically driven actions that may compromise the independence of the Audit Service and the nation’s democratic stability.
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