9. The Judiciary

Judicial power

Section 120(1): The judicial power of Sierra Leone is vested in the Judiciary, of which the Chief Justice is head.

Independence: Under section 120(3) the Judiciary in its work is subject only to the Constitution and the law, and is not subject to the control or direction of anyone else.

The courts: The Judiciary consists of the Superior Court of Judicature (the Supreme Court, the Court of Appeal and the High Court) and such inferior and traditional courts as Parliament establishes.

The Supreme Court

Make-up: The Chief Justice, at least four Justices of the Supreme Court, and other judges the Chief Justice asks to sit (section 121). It is properly constituted with at least three Justices.

Final appeal: Section 122 makes it the final court of appeal in and for Sierra Leone.

Original jurisdiction: Under section 124(1) it has exclusive original jurisdiction in all matters about the enforcement or interpretation of the Constitution, and about whether an enactment was made in excess of power.

Supervisory jurisdiction: Section 125 gives it supervisory jurisdiction over all other courts and adjudicating authorities, with power to issue orders such as habeas corpus, certiorari, mandamus and prohibition.

Declarations of inconsistency: Under section 127 any person who alleges that an enactment, or anything done under it, is inconsistent with the Constitution may bring an action in the Supreme Court for a declaration.

The Court of Appeal

Make-up: The Chief Justice, at least seven Justices of Appeal and other judges invited to sit (section 128). It sits with three Justices.

Jurisdiction: It hears appeals from the High Court and has other appellate jurisdiction given by law (section 129).

The High Court

Make-up: The Chief Justice, at least nine High Court judges and other judges invited to sit (section 131). It sits with one judge, alone or with a jury.

Jurisdiction: It has jurisdiction in all civil and criminal matters and other jurisdiction given by law (section 132). It also has supervisory jurisdiction over inferior and traditional courts (section 134). Under section 28 it hears applications to enforce the fundamental rights in Chapter III.

The lower courts

Magistrates' courts: Under the Courts Act 1965 there is a magistrates' court in each judicial district. Magistrates have limited civil and criminal jurisdiction. A magistrates' court sitting as a juvenile court sits in private.

Local courts: Local courts apply customary law in the provinces under the Local Courts Act 2011.

Independence of judges

Appointment: The Chief Justice and other superior court judges are appointed by the President on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament (section 135).

Tenure: Under section 137 a judge holds office during good behaviour. The section sets an age at which a judge may retire and an age at which he must vacate office. A judge may be removed only for inability to perform his functions, through infirmity of body or mind, or for stated misconduct, after an independent tribunal and a two-thirds vote of Parliament.

Pay: Judges' salaries are charged on the Consolidated Fund and cannot be reduced to their disadvantage (section 138).

The Commission: Section 140 sets up the Judicial and Legal Service Commission, chaired by the Chief Justice. Its members include senior judges, the Solicitor-General, a practitioner nominated by the Bar Association and lay members. It advises on judicial appointments and the administration of the Judiciary.