Human rights

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court has original jurisdiction to interpret the Constitution regarding the removal and replacement of the Vice-President and the extent of executive power in such matters.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court determines constitutional questions concerning the vacancy of the office of Vice-President and the legality of subsequent appointments by the President.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court's original jurisdiction is invoked to clarify the constitutional provisions governing the office of the Vice-President and the limits of presidential authority.

Sierra Leone — Supreme Court · 2015

Principle established: Constitutional interpretation by the Supreme Court is required to resolve disputes over the tenure of high-ranking executive officers and the procedural requirements for their removal.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court provides definitive rulings on the interpretation of sections 124 and 127 of the Constitution in matters of national importance involving the executive branch.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2018

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Lanbuk on the Law of Torts · 1845

Principle established: The restraint must be total; blocking one route while leaving another reasonable exit is not imprisonment.

Sierra Leone — African Law Reports · 1950-56

Principle established: A tribal authority violates natural justice when a chief sits as judge in his own cause, and subjecting a person to complete detention without lawful authority constitutes false imprisonment.

Sierra Leone — African Law Reports · 1972-73

Principle established: Courts lack jurisdiction to review the factual grounds upon which the executive exercises statutory discretionary power to detain a person where the statute empowers detention if the authority is subjective satisfied.

Kenya · 2024

Principle established: A petition alleging constitutional violations must specifically identify the violated provisions and the limb of the Supreme Court's jurisdiction being invoked to avoid being struck out.

Uganda · 2019

Principle established: An applicant may be granted bail pending appeal if they demonstrate substantial sureties, a fixed place of abode, and have previously honored bail conditions during trial.

Lanbuk on the Law of Torts · 1909

Principle established: Necessity can justify a trespass done to prevent greater harm.

Sierra Leone — Supreme Court · 1967

Principle established: A plaintiff cannot invoke constitutional redress for fundamental rights violations without alleging facts establishing a direct, special injury distinct from grievances shared in common with the general public.

Sierra Leone — African Law Reports · 1967-68

Principle established: A litigant invoking constitutional fundamental rights enforcement must show direct personal injury or immediate threat thereof, rather than an indefinite likelihood of injury shared generally with the public.

Lanbuk on the Law of Torts · 1919

Principle established: Knowledge of the restraint is not required; it goes only to damages (Atkin LJ).

Lanbuk on the Law of Torts · 1988

Principle established: A person may be falsely imprisoned while unaware, e.g. while asleep, though damages may then be nominal.

Malawi · 2023

Principle established: The court may review criminal proceedings and order the release of a person who has been detained without being brought before a court of law within the constitutionally mandated period.

Kenya · 2026

Principle established: The state is liable for damages where it is proven that an individual's fundamental rights and freedoms were violated during arrest and subsequent police detention.

Malawi · 2023

Principle established: Mandatory death sentences for murder are unconstitutional, and convicts sentenced under such provisions are entitled to a resentencing hearing where the court exercises its discretion.

Sierra Leone — African Law Reports · 1964-66

Principle established: In determining whether a political publication is seditious, the court must construe the work as a whole with due regard for press freedom, rather than focusing solely on objectionable excerpts.

Malawi · 2023

Principle established: Convicts previously sentenced to the mandatory death penalty for murder must be resentenced by a court that has the discretion to consider mitigating and aggravating factors.

Malawi · 2023

Principle established: The unconstitutionality of mandatory death sentences necessitates a judicial review of the sentence to ensure it is proportionate and based on the specific circumstances of the case.

Sierra Leone — Supreme Court · 1966

Principle established: In determining whether a publication is seditious, the court must construe the publication as a whole with due regard for press freedom rather than focusing strictly on isolated objectionable passages.

Kenya · 2024

Principle established: The Court of Appeal's jurisdiction is restricted to appeals from the High Court and designated tribunals, and it cannot determine the constitutionality of a sentence if not raised as an issue.

Malawi · 2026

Principle established: Judicial review may be granted to challenge the detention of a person beyond the mandatory statutory remand period, and such permission may serve as interim relief pending a full hearing.

Ghana · 2024

Principle established: The Supreme Court has original jurisdiction to determine the constitutionality of a Bill passed by Parliament if it is alleged to violate fundamental human rights and freedoms.

Malawi · 2024

Principle established: A decision to expel a member from a political party is subject to judicial review if it is alleged that the expulsion occurred without a prior disciplinary hearing.

Sierra Leone — Supreme Court · 1967

Principle established: An applicant seeking constitutional redress for alleged violations of fundamental rights must allege facts demonstrating direct or immediately threatened special injury beyond that suffered generally by the public.

Sierra Leone — Supreme Court · 1967

Principle established: An applicant seeking constitutional redress for alleged violations of fundamental rights must show actual or immediately threatened special injury rather than injury common to the general public.

Sierra Leone — African Law Reports · 1967-68

Principle established: An applicant seeking constitutional redress for alleged violations of fundamental rights must demonstrate direct, actual, or imminent personal injury distinct from injury common to the general public.

Kenya · 2025

Principle established: Mandatory minimum sentences for sexual offences may be challenged on constitutional grounds if they prevent the court from considering an applicant's mitigation and individual circumstances.

Sierra Leone — Supreme Court · 2020

Principle established: Not yet classified

Sierra Leone — Supreme Court · 2020

Principle established: Not yet classified

Sierra Leone — Supreme Court · 2020

Principle established: Not yet classified

Uganda · 2025

Principle established: Not yet classified

Sierra Leone — Supreme Court · 2022

Principle established: Not yet classified

Sierra Leone — Supreme Court · 2020

Principle established: Not yet classified

Sierra Leone — Supreme Court · 1994

Principle established: Not yet classified