Sierra Leone Association of Journalists v Attorney General and Minister of Justice And Another (SC 1 of 2008) [2009] SLSC 8 (10 November 2009)

+ y In INTHE SUPREME COURT OF SIFRRA LEQNE | s.c1/2008 |” BETWEEN: THE SIERRA LEONE ASSOCIATION : j OF JOURNALISTS. > PLAINTIFF | AND THE ATTORNEY-GENERAL AND MINISTER OF JUSTICE - 18" DEFENDANT ‘THE MINISTER OF INFORMATION BROADCASTING AND COMMUNICATIONS - 28? DEFENDANT

Coram

HON. MS. JUSTICE U.H. TEJAN-JALLOH - CHIEF JUSTICE HON. MRS. JUSTICE S. BASH-TAQI eae) S.C. HON. MRS. JUSTICE V.A.D. WRIGHT =: JSC HON. MR. JUSTICE M.E.T. THOMPSON >e. ISC. HON. MR. JUSTICE G. SEMEGA-JANNEH = Foysic. YADA WILLIAMS ESQ. AND OSMAN JALLOH ESQ. FOR THE PLAINTIFF L.M. FARMAH ESQ, AND OSMAN KANU FOR THE DEFENDANTS JUDGMENT DELIVERED THE 10™ DAY OF NOVEMBER, 2009. STEJAN-JALLOH, CJ. The Sierra Leone Association of Journalists Company Limited by Guarantee under the Companies Act, Chapter 249 of the Laws of Sierra Iecone (as amended) by way of an originating notice of motion dated the

4e

, 25t day of February, 2008 moved this Court for the under-mentioned reliefs on

% the 3" day of February 2009 against the Attorney-General and Minister of Justice

and the Minister of Information and Broadcasting and Communication. These

reliefs are sought pursuant to sections 25 and 171(15) of the Constitution of Sierra

leone 1991 Act No.6 of 1991 (hereinafter referred to as (“the Constitution”) namely, y

A. The interpretation of Sections 25 of the Constitution Viz-a-Viz sections 26,

27, 32-37 of the Public Order Act 1965, Act No.46 of 1965 for the

determination of the following questions.

() Whether the provisions of sections 26, 27, 32-36 of the Public Order Act criminalizing free speech contravenes the right of freedom of expression guaranteed under the entrenched provisions of section 25(1) of the Constitution?

(ii) Whether the provisions of sections 26, 27, 32-36 of the Public Order Act can be demonstrably justifiable in the light of Sierra Leone’s obligations under the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights and the African Charter on Human and People’s Right?

(iii) If the answer of (i) and (ii) above are in the affirmative whether the provisions of sections 26, 27, 32-36 of the Public Order Act does not fall out of the restriction provision of sections 25(2) of the Constitution?

B.A declaration that sections 26, 27, 32-36 of the Public Order Act criminalizing free speech are unconstitutional and therefore ull and void

"by virtue of section 171(15) of the Constitution in so far as they i the = provisions of section 25(1) of the Constitution C. A declaration that the restriction provision to the right of freedom of < expression under section 25(2) of the Constitution does not save the provisions of sections 26, 27, 32-36 of the Public Order Act in so far as the said provisions cannot be demonstrably justifiable in a democratic society. D. Any further and other relief that the Honourable Court may deem fit and just.

2. The Originating notice of motion is supported by the affidavit of Richard Olu Gordon, Philip Neville and Julius Spencer all sworn to on the 25'* day of February 2008. Taking them serially, first Richard Olu Gordon, who deposed that he is a member of the Sierra Leone Association of Journalists and a Media Practitioner for over twenty years and Editor-in-Chief of Peep Magazine for the past seven years. He asserted that on the 11" February 2005 he was summoned to the Criminal Investigations Department on the instructions of the Attorney-General and Minister of Justice in connection with an article captioned “KABBA SAYS OKERE STAYS” that had appeared in his satirical newspaper Peep Magazine questioning why Marine Minister Ibrahim Okere Adams had not been sacked after he was indicted by the Anti-Corruption Commission. He alleged that prior to the article two other Ministers were promptly dismissed after being indicted by the Anti-Corruption Commission, but that Okere Adams is z regarded as President Kabba's “most reliable northern ally”. That he was detained at the Criminal Investigation Department for three days and charged

_ with seditious libel, but was released on the 14* February 2005 without being arraigned before any Court and that he did not receive any compensation. That he can no longer publish contentious articles without first having to decide whether he was to go to prison or not and that the state of affairs was neither «reasonable nor necessary in a democratic society. Finally, the existence of criminal or seditious libel offences allow for the government authorities to arrest and detain journalists at their will, disregarding fundamental human rights.

3. Second, Philip Neville, inter alia, deposed that he is a member of Sierra Leone Association of Journalists and also a Media Practitioner. On the 25‘ February, 2008 when he swore his affidavit he was President of the Association. He has been a Media Practitioner for over 20 years and Editor-in-Chief of the Standard Times Newspaper. That during the reign of the National Ruling Council he was arrested and summarily detained at the Pademba Road Prisons on three occasions for supposedly breaching sections 27-36 of the Public Order Act 1965, that on the 24% February 1991, he published an article captioned "Joe Demby’s mercenaries stabbed to kill Mr. Jonah” concerning a plot to assassinate the President of Sierra Leone, Alhaji Ahmed Tejan Kabba and the then Minister of Finance Dr. Jonah, by foreign mercenaries. He was told that his arrest was for a breach of the Criminal Libel provisions of the Public order Act 1965 but on the 8" March, 1999 he was released without a charge under any of the offence proscribed under sections 26- 36 of the Public Order Act, that on the 29% June, 2007 he was again arrested after a publication captioned “Bomshell Gaddaffi Exposes Government” in the Standard Times Newspaper concerning gifts from the Government and the ™ neople of Libya to the Government and People of Sierra Leone.

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