Friday 25 September 2020
Monday 7 September 2020
ANTI CORRUPTION COMMISSION: UPDATE NUMBER 2 AUDIT REPORT 2015-2018. IS THE ACC NOW SAYING THAT THE MINISTRY OF WORKS UNDER THE APC OF WAS FALSELY ACCUSED?
IS THE ACC NOW SAYING THAT THE INITIAL ALLEGATIONS LEVID AGAINST THE MINISTRY OF WORKS, BY THE SLPP GOVERNMENT AND SAHR JUSU - CURRENTLY FINANCIAL SECRETARY IN THIS SLPP GOVERNMENT IN PARTICULAR - (WHO WAS THE DIRECTOR OF PUBLIC DEBT MANAGEMENT AT THE MINISTRY OF FINANCE UNDER ERNEST BAI KOROMA APC GOVERNMENT), WERE FALSE AND MALICIOUS?
Sahr Jusu (Former Debt Management Director in APC Government)
Auditor General Mrs Lara Taylor -Pearce
These initial allegations indicated that Billions of Leones from sales of Government quarters were STOLEN/SQUANDERED/MISSING AND UNACCOUNTED FOR, by the MINISTRY OF WORKS under the then APC Government. IS FRANCIS BEN KAIFALA AND THE ACC NOW ADMITTING THAT THESE ALLEGATIONS WERE WOEFULLY WRONG AND THAT THEY WILFULLY AND DELIBERATELY ACCUSED THE PAST APC GOVERNMENT? READ ON>>>>>>
CATHEDRAL HOUSE
3 GLOUCESTER STREET
FREETOWN
SIERRA LEONE, WEST AFRICA
Ref: ACC/PR/20/027 7th September, 2020
MEDIA RELEASE
UPDATE ON ACC’s ACTIONS WITH REGARD AUDIT REPORTS 2015–2018 (No.2)
The Anti-Corruption Commission (ACC) in this second media release, wishes to update the general public of the actions and steps it has taken to address critical issues raised in the Audit Reports of Sierra Leone 2015 - 2018. These interventions focused on aspects of possible, or alleged corruption, and conduct inconsistent with the provision(s) in the Anti-Corruption Act of 2008.
After a thorough review, and analysis of the aforementioned Reports, a total of twenty-one (21) issues attracted the attention of the Commission; with a view to investigating, prosecuting, or recovering public funds, public revenue, public property, as the case maybe, in accordance with Sections 7, and 48 of the Anti-Corruption Act of 2008 respectively.
Below are the second set of issues, and areas of ACC interventions, and the outcomes of same:
The ACC has charged two (2) matters to Court. Furthermore, there are thirteen (13) ongoing active investigations. Two (2) matters have been accordingly closed for lack of evidence. In terms of monies returned to the State, the Commission has recovered a total sum of Two Billion, Seven Hundred And Forty-Two Million, One Hundred And Eighty-Five Thousand, Three Hundred and Four Leones, Sixty-One Cents (Le 2, 742, 185, 304, 61).
1. KIMBIMA HOTEL – The Audit Report alleged that Kimbima Hotel has not been paying Pay-as-You-Earn (PAYE) Tax from August, 2016 to April 2018. ACC investigations established that no payment was made to the National Revenue Authority in respect of PAYE Tax for staff of Kimbima Hotel for the months of June, July, October, November, and December, 2017. The ACC will be directing a letter to Kimbima Hotel (including its successors) and its stakeholders to pay PAYE Tax for the said workers, failing which the matter will be either referred to the NRA for recovery pursuant to the provisions of the Tax Laws of Sierra Leone or the ACC proceeds with direct recovery or prosecution, as may be deemed expedient in the circumstances.
2. MINISTRY OF FINANCE (MOF)– The Audit Report alleged that the Ministry of Finance undertook procurement of ICT equipment to the tune of Three Hundred Million Leones(Le 300.000.000) without advertisement. Alleged procurement documents have been obtained, and analyzed. The ACC has obtained statements from Persons of Interest. The investigation is at an advanced stage and the Public will be updated on the outcome in due course.
3. MOF – The Audit Report alleged that there is variance between fuel paid for by the MOF, and that actually supplied by the fuel dealer. The Ministry paid a total amount of Three Hundred and Thirty-Seven Million Leones (Le 337, 000, 000) as against what the supplier actually supplied, which amounts to One Hundred and Eighty Seven Million Leones(Le 187, 000, 000). MOF has forwarded documents relevant to the investigation. The ACC has analyzed the said documents, and commenced obtaining statements from Persons of Interest.
4. MOF – The Audit Report alleged that some staff at the MOF received overpayments, without authorization; found inconsistency in the payroll and staff list; in the payment to deceased staff; and payment of salaries to staff on overdue study leave for the period January, 2017 to March, 2018. ACC investigations established that the thirty-one (31) staff involved were overpaid. The said persons have completed repayment to the State through a structured program instituted by the Ministry of Finance itself. Save two staff whose issuesare still under review; all have accordingly completedrepayments. The file itself is still under review by the Prosecutions Department of the ACC to determine if criminal responsibility emanate from the conduct of the staff concerned or anyone else.
5. MINISTRY OF WORKS AND PUBLIC ASSETS – The Audit Report alleged that the officials of the Ministry of Works and Public Assets failed to pay proceeds from the sale of Government quarters into the Consolidated Revenue Fund,amounting to Two Billion, Two Hundred and Sixty Million Leones (Le 2,260,000,000).
The investigations established that twenty-eight (28) Government quarters situated around Spur Road, Wilberforce, Hill Station and Ross Road were sold for the sum of Two Billion, Six Hundred and Eighty Million Leones (Le2,680,000,000).
An amount of One Hundred and Nineteen Million, Three Hundred and Fourteen Thousand, Three Hundred and Four Leones (Le 119, 314,304.00) was spent on monitoring activities by the Ministry of Works, leaving a balance of TwoBillion, Five Hundred and Sixty Million, Six Hundred and Eighty Five Thousand, Six Hundred and Ninety SixLeones, (Le 2,560,685,696) held at the Works Emergency Account No.0112004648 at the Bank of Sierra Leone. The ACC has, by letter, requested that the Accountant-General transfer the said amount into the Consolidated Revenue Fundand the same had been effected on the 13th December, 2019. It is therefore not the case that the said amount was embezzled;but the Account into which the said money had been lodged was not accessed by the Auditors at the time of the audit. The funds are now properly with the Ministry of Finance.
6. On another note, the ACC wishes to make clarification in its earlier Media Release No.1 dated 31st August, 2020, in which it stated that the National Petroleum (NP) was overpaid by EDSA in the sum of Four Billion, One Hundred and Two Million Leones (Le 4,102,000,000.00). This liability however arose due to no fault of NP as it was the third parties who were supposed to make the correct delivery who ended up delivering less than what was contracted to be supplied and paid for. The ACC maintains the essential correctness of its release by confirming that NP owes EDSAas stated but hereby corrects that the actual amount which the investigations established was overpaid by EDSA for which supplies were not received from NP, is Four Million, One Hundred and Two Thousand Leones (Le 4,102,000.00).This amount should be recovered by the EDSA from NP.
The Commission shall continue to promptly update the public through releases on interventions made with regard the Auditor-General’s Audit Reports of Sierra Leone. Release No. 3 on the Audit Reports will be out next week.
Meanwhile, the ACC wishes to reassure the general public of its resolve and commitment to protecting public property and revenue across the country at all times. For further enquiries on this, please contact Margaret Murray, Public Relations Officer, on +232-78-832131 or via emailinfo@anticorruption.gov.sl.
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PATRICK SANDI
DIRECTOR, PUBLIC EDUCATION AND OUTREACH
AUDIT UPDATE NO.1: The ACC has been looking into Auditor-General’s Audit Reports 2015-18 with outcomes including Investigations, prosecutions, convictions, huge recoveries and sometimes No Case as auditors may not have had access to records then as we have. More update next week. – Francis Ben Kaifala
Thursday 23 July 2020
THE PUBLIC ORDER ACT NO 46 OF 1965 - PART 5 THAT CRIMINALISES FREEDOM OF SPEECH HAS BEEN REPEALED BY SIERRA LEONE PARLIAMENT
The Public Order Act, 1965 - REPEALED
PART V – DEFAMATORY AND SEDITIOUS LIBEL DEFAMATION
the evidence given to prove or disprove the same.
Tuesday 21 July 2020
THE UNLAWFUL KILLINGS AND DISPROPORTIONATE USE OF FORCE BY SECURITY FORCES St
Courtsey:
🇸🇱⚖ *LEGAL LINK* 🇸🇱
Justice | Law | Rights+
23279167457 | +23299954470
89 Fort Street Freetown |
Sierra Leone
21st July, 2020
*JOINT PRESS STATEMENT BETWEEN LEGAL LINK, CAN AND NACFOHRD
CONDEMNING THE UNLAWFUL KILLINGS AND DISPROPORTIONATE USE OF FORCE BY SECURITY FORCES AGAINST UNARMED PROTESTERS IN MAKENI CITY; CALLING ON PRESIDENT BIO TO ESTABLISH A JUDGE-LED INQUIRY TO INVESTIGATE THE ENTIRE SAGA*
*LEGAL LINK, CAN* and *NACFOHRD*, three leading civil society organizations working for the advancement of the rule of law, democracy and human rights in Sierra Leone are deeply concerned over the disproportionate use of force by the security agencies on protesters at Makeni City in the early hours of 18th July 2020 resulting in many injuries, collateral damage and the death of at least 5 youths of the township.
It is no gainsaying to opinionate that such state of affairs will gravely affect the public image of the country not only at the national and regional levels but also at the global level.
And as civil society organizations that defend the rights of vulnerable groups in society including marginalised youths, we take the greatest exception to this unprofessional conduct of the Security forces and call for a judge led inquiry to look into the handling of the entire incident at Makeni city, Northern Sierra Leone by the Ministry of Energy, local government and the security forces.
It could be recalled that similar protests have also occurred in time past in Kono and Kailahun over the removal of generator plants from their town ship to other regions of the country. But unlike the ugly incident that occurred in Makeni, no fatalities were recorded in the above two townships transfers.
What then went wrong in the handling of the Makeni situation?
Surprisingly, despite the increased condemnation and outcry from the public over the video clips showcasing brutal and excessive force by the Security forces, we note with utter consternation, the apparent reticence and the lack thereof by the top Management of the security forces in Sierra Leone to officially condemn this barbaric and unprofessional behavior of subordinates, over their execution of brutal and excessive force to harmless youths in Makeni that were merely agitating for energy security of their township.
This outright complicity at the top is not only worrying but reveals without doubt, the degree of impunity and non-accountability that prevails within the law enforcement architecture in Sierra Leone.
Such complicity we further maintain, invites a possibility for the applicability of the principle of Command Responsibility on the leadership of the securiy forces to be held vicariously liable for the atrocious acts of subordinate officers against the vulnerable civilian population on that fateful day.
It could be recalled that various specialized trainings on the *UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials* have been organized in time past by the Human Rights Commission of Sierra Leone and the Independent Police Complaints Board to help the Sierra Leone police in particular understand how to manage such riotous situations including their application of the use of force to restore law and order.
As had always been emphasized, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials dictates that, *even when provoked, the ‘repelling force to be used must be ‘equal, reasonable, proportionate and necessary in the given circumstances’.*
Against this backdrop, *while we condemn the acts of the few disgruntled protesters who reacted in uncivilized ways, pelting stones at the police and burning tires on the streets, we vehemently and unequivocally condemn the over-reaction of the Security forces in unleashing brutal and excessive force over unarmed protesting civilians.*
Noticeably also, is the fact that, even when the tensions had de-escalated, the callousness and unprofessionalism of the security forces became much more apparent.
Video clips recorded by on lookers at the Makeni township show complicity and a conspicuous pattern of torture and brutal display of force on poor and vulnerable households.
We therefore want it to be known by the leadership of the SLP and the Military that the right to freedom of torture as provided under the UN Convention Against Torture (CAT) to which Sierra Leone is a signature is a non-derogable right (Edgar omnes), and a per-emptory norm of Customary International Law.
This means that under no circumstances can it be justified to torture any human being in a democratic society needless to talk about youths and children.
All the police were mandated and required to do by law on that fateful day at Makeni city was to effect arrest on all alleged rioters, investigate and charge perpetrators to court for public order offences as enshrined under the Public Order Act of 1965.
That the security forces decided to embark on a frolic of their own and acted outside the remits of the law by overtly executing brutal and excessive force on harmless protesters in such scale and magnitude, amounts to a violation of not only the *UN Convention Against Torture, but also the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the African Youth Charter, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the UN Sustainable Development Goals, the African Charter on Human and Peoples Rights, the right to freedom from torture, inhumane and degrading treatment and the right to freedom of Assembly and Association as enshrined under Chapter 3 of the 1991 Constitution of Sierra Leone.*
Majority of Sierra Leoneans interviewed by us are particularly worried over this ugly state of affairs which is seemingly becoming the new normal in the country.
*While it may be true to say that a great deal of effort has been made to tackle corruption in the country under president Bio's watch, the same cannot be true for police brutality, lawlessness and excessive use of force.*
As a matter of fact, the spate of unlawful killings and excessive use of force displayed by the security apparatus seem to be increasing at a geometric progression.
Listed below are a few scenarios where extrajudicial killings by the security apparatus have taken place in the country since the beginning of the 2020 calendar year:
- Pademba Maximum prisons... 31 Killed
- Makeni ...5 Killed
- Lunsar ...1 Killed
- Tombo ... 2 Killed
- Loko Masamah..1 Killed
- Mile 91....1 Killed
- Tonko limba......1 killed
- Grafton.....1 killed
*TOTAL number of deaths*- 43
All of the above alleged extrajudicial killings by our security forces depicts an ugly state of affairs that have the proclivity of not only undermining the peace of the country but also foreign direct investment which our nation needs so badly at this time.
On the issue of prior public engagements with community stakeholders, we hold the view that the Ministry of Energy failed in carrying out due diligence as well as demonstrating an open, proper, inclusive and adequate dialogue and sensitization with community stakeholders in a bid to help them fully understanding the rationale for government's relocation of the city's backup generator to another region.
No doubt, if such constructive engagements had existed prior to the removal of the generator plant, this would certainly have ensured everybody's participation in Makeni city, thereby dissipating tensions and potential conflict that may have arisen over the removal of the generator plant on that fateful day.
The insensitivity of the Ministry of Energy as well as their poor management of community relations became more apparent when they decided to nocturnally attempt to remove the 1.65 Mega Watts back up generator in the late night of 17th July 2020 from the electricity station in Makeni.
If indeed proper consultations had been ensured as opinionated by the Ministry of Energy in their press release, then why remove the generation plant at night?
Such odd timing only fed into the suspicion already created by the lack of trust and inadequate community stakeholder çonsultations on the issue.
As a consequence of the above and inorder to deal with this ugly state of affairs and give a deadly blow to the scourge of police brutality, violence and lawlessness in the country, we strongly recommend the following measures forthwith:
1) That President Bio establishes a Judge - led inquiry that is independent, fair, robust, and credible to look into this unfortunate incident, determine the extent of the impact, compensation to victims families and those that should be brought to book or bear the greatest responsibility for such grave human rights violations that occurred. Preferably, we recommend the appointment of a Supreme Court Judge of high integrity, probity and experience to lead the Judge - led inquiry.
2) That as an interim measure, we urge the leadership of the Security forces (SLP, Military) and the government of Sierra Leone to take full responsibility for the excesses that have occurred, ensure the unconditional release of all detainees and hold constructive dialogue with the leadership of the local government administration of Makeni City as well as local community elders and stakeholders so as to determine how victims can be medically treated and or compensated for violations of their fundamental human rights.
3) That all those security officers who pulled the trigger on unarmed protesters including their commanders must be investigated and prosecuted.
4) We unreservedly call for the investigation and prosecution of the Resident Minister, ABOU ABOU whose earlier inciteful remarks cannot be unconnected to the fatal incident of July 18 at Makeni city. In our view, his inciteful statements of violence calling on the police and the military to meet with stiff resistance any riotous behaviour by youths, fomented mistrust and heightened tensions between youths in Makeni and security forces, consequently leading to fatalities on July 18 2020 in Makeni city.
5) We outrightly condemn IGR's recent report using Makeni and Bo as contrasting case studies in understanding a variety of rhetorics underpinning the socio political landscape of Sierra Leone.
While we respect the independence of Civil Society Organizations in their designing and implementation of programmes, we however condemn those research works and surveys that have the proclivity to inadvertently heighten the divide and awaken political tensions between and amongst the various regions of the country.
6) We demand an unreserved apology from the Minister of Energy to the victims families over his apparent lack of leadership and oversight in ensuring adequate and inclusive community engagements before the taking away of the back up generator from Makeni city.
7) We further demand the payment of Full compensation by the Ministry of Energy to the victims families as an acknowledgement of their complacency and show of regret in the entire saga.
8) We also call on the Government of Sierra to undertake affirmative development programs that will help youths in Makeni and further suppress tensions and perceived bias towards communities and peoples in the North by the government.
9) We call on the government of Sierra Leone through the Ministry of Energy to develop a strategy that will guide the transfer of energy generation plants from one locality to another. Such a strategy Must not only require adequate consultations with key stakeholders in the community but also takes into consideration the ethno, political and regional ramifications in a bid to prevent a reoccurrence of the Makeni saga.
10, Finally, government should endeavour on the long term to improve on energy access and security by widening the energy mix and investing in renewable energy sources so that every district in the country will be energy sufficient, thereby ultimately reducing the need for transfer of thermal generation plants from one locality to another.
*In conclusion, it is vital to emphasize that, ours is a democracy and not an autocratic system of government. Turning a blind eye therefore to these increased spate of police brutality, lawlessness and extra- judicial killings that have taken place in the country will not only defeat our shared values but also undermine our human rights credentials, socio- economic, political and developmental aspirations as a nation.*
END
*Sign:*
*Rashid Dumbuya Esq*
*Executive Director*,
*LEGAL LINK*
*Thomas Moore Conteh*
*Executive Director,*
*CITIZENS ADVOCACY NETWORK (CAN)*
*James Matthew*
*Executive Director*
*National Centre for Human Rights and Development (NAcFOHRD)*