Police and state power

Sierra Leone — Supreme Court · 2021

Principle established: Judicial review may be sought to quash decisions or orders of a lower court where there is a jurisdictional error, procedural impropriety, or a breach of fundamental rights.

Sierra Leone — Court of Appeal · 1921

Principle established: A public officer does not ratify an unlawful subordinate arrest merely by briefly detaining the person to prepare a summons and arranging lawful conveyance.

Sierra Leone — Court of Appeal · 1914

Principle established: A public officer does not ratify an unlawful arrest by a subordinate merely by detaining the person briefly to prepare a summons and sending them home in company with a constable.

Sierra Leone — African Law Reports · 1957-60

Principle established: A presiding election officer with a duty to maintain order at a polling station may use necessary force without committing assault to remove a person who refuses to behave.

Sierra Leone — Court of Appeal · 2015

Principle established: An application for bail pending appeal may be considered by the Court of Appeal following a conviction for receiving stolen goods, often supported by medical or legal grounds.

Malawi · 2023

Principle established: A change in circumstances, such as the removal of a foreign arrest notice, may justify the release of an applicant on bail if they are no longer considered a flight risk.

Sierra Leone — Supreme Court · 2018

Principle established: The court considered whether an application for stay of execution of a magistrate's judgment could be entertained when the underlying judgment was not currently on appeal.

Sierra Leone — Supreme Court · 2018

Principle established: The court considered whether an application for stay of execution of a magistrate's judgment could be entertained when the underlying judgment was not currently on appeal.

Sierra Leone — Supreme Court · 2018

Principle established: The court may summon respondents to assist with discovery in aid of execution to enforce a previously delivered judgment.

Sierra Leone — African Law Reports · 1964-66

Principle established: A person arrested for an offence and brought before a magistrate's court may lawfully be tried on a charge for a different offence.

Sierra Leone — African Law Reports · 1920-36

Principle established: The Circuit Court possesses only limited statutory jurisdiction and has no inherent or statutory authority to issue writs of habeas corpus.

Sierra Leone — Court of Appeal · 1972

Principle established: A charge of using insulting words to provoke a breach of the peace does not require specifying the person insulted, and minor verbal clerical defects do not invalidate the charge.

Sierra Leone — African Law Reports · 1972-73

Principle established: A charge of insulting conduct under public order legislation does not require naming the specific person insulted, and intent to provoke a breach of the peace may be inferred from context.

Sierra Leone — Court of Appeal · 1921

Principle established: A military officer acting in aid of civil power may use reasonable force to eject a civilian who attempts to force entry into a military-occupied public building in violation of orders.

Malawi · 2023

Principle established: Every person has a constitutional right to be released from custody on bail unless the interests of justice require otherwise, particularly where trial dates have not been set.

Lanbuk on the Law of Torts · 1765

Principle established: Every unauthorised entry on another's land is a trespass, even by state officials, unless the law clearly allows it.

Sierra Leone — Court of Appeal · 2014

Principle established: Upon the quashing of a conviction, the court must order the refund of all sums paid by the accused as fines or restitution related to the quashed counts.

Sierra Leone — Court of Appeal · 2014

Principle established: When a conviction for corruption is quashed on appeal, any monies paid as fines or refunds of the subject matter of the offences must be returned to the appellant.

Malawi · 2026

Principle established: A single judge of the Supreme Court of Appeal may exercise powers to grant or discharge a stay of execution pending the determination of an appeal.

Lanbuk on the Law of Torts · 1970

Principle established: Lord Reid: the neighbour principle should apply unless there is some justification or valid explanation for its exclusion.

Zimbabwe · 2024

Principle established: A conviction for incitement to public violence may be set aside on appeal if the evidence fails to meet the required legal standard for the offence.

Sierra Leone — Supreme Court · 1964

Principle established: A magistrate has power to amend an existing charge before plea, but substituting an entirely new and different charge renders the trial a nullity.

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.

Lanbuk on the Law of Torts · 1984

Principle established: Intention to apply force to one person can be 'transferred' to the person who is actually hit.

South Africa · 2022

Principle established: Condonation for the late service of a statutory notice on an organ of state may be granted where the debt has not prescribed and good cause for the delay is shown.

Sierra Leone — Court of Appeal · 2017

Principle established: The Court of Appeal's jurisdiction is limited to hearing appeals, and it may not have the power to grant bail as a first-instance process using an originating notice of motion.

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.

Sierra Leone — Supreme Court · 1964

Principle established: Appeals from affiliation proceedings are governed by criminal appeal rules and require strict adherence to statutory time limits for seeking leave.

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.

Sierra Leone — Supreme Court · 2025

Principle established: An application for judicial review by way of prohibition may be sought to prevent a judge from continuing to hear a matter if there are grounds to question the propriety of the proceedings.

Zimbabwe · 2024

Principle established: Damages for malicious prosecution and malicious arrest are awarded to compensate for the injury to reputation and liberty caused by the wrongful initiation of criminal proceedings.

Sierra Leone — Supreme Court · 1964

Principle established: Striking the rear of a preceding vehicle is not per se proof of driving without due care, and the prosecution must negative defences such as inevitable accident.

Sierra Leone — African Law Reports · 1972-73

Principle established: Strict compliance with statutory duties explaining the accused's rights before summary trial of an indictable offence is a condition precedent to jurisdiction; failure to comply renders the trial a nullity.

Ghana · 2024

Principle established: An extradition treaty signed between colonial powers may continue to form part of the laws of a successor state if it was applicable to the territory at independence.

Sierra Leone — Court of Appeal · 1972

Principle established: False imprisonment requires proof of direct authorization or direction of an unlawful arrest by a ministerial officer, and providing information upon which the officer acts at discretion creates no liability.

Sierra Leone — African Law Reports · 1972-73

Principle established: False imprisonment lies against a private person who directs or authorises an unlawful arrest by a ministerial officer, but not if the officer exercises independent discretion on information supplied.

Sierra Leone — Court of Appeal · 2025

Principle established: Not yet classified

Sierra Leone — Supreme Court · 2022

Principle established: Not yet classified

Sierra Leone — Court of Appeal · 2010

Principle established: Not yet classified