In simple terms
The modern legal system began with the settlement of the Freetown peninsula in 1787. English law was introduced in the Colony, while the Protectorate created in 1896 was largely left to native courts applying customary law. This produced the dual system that survives today.
The settlement and the Colony
The 1787 settlers: The first settlers arrived on the peninsula in 1787 under a scheme associated with Granville Sharp, who drew up regulations for the self-governing settlement.
Sierra Leone Company and Crown Colony: The Sierra Leone Company later ran the settlement under a charter. In 1808 Sierra Leone became a British Crown Colony, and English law and English-style courts were applied in the Colony.
The Protectorate
The 1896 Protectorate: In 1896 Britain declared a Protectorate over the hinterland. The Protectorate Ordinance of 1896 set up a system of indirect rule through Paramount Chiefs.
Native courts: Courts of native chiefs heard disputes between natives under customary law, while serious matters and cases involving non-natives went to courts applying English law. This split between Colony and Protectorate is the origin of the dual court system.
The West African Court of Appeal
A shared appeal court: For much of the colonial period appeals from the superior courts of the British West African colonies, including Sierra Leone, went to the West African Court of Appeal (WACA), and from there to the Judicial Committee of the Privy Council in London.
Constitutional steps
Early instruments: The Colony was governed under letters patent and royal instructions, beginning with the Charter and constitution of 1863, which created executive and legislative councils.
The 1924 Constitution: The 1924 Constitution introduced elected members to the Legislative Council and gave the Protectorate representation through Paramount Chiefs for the first time.
Memory map
The colonial legal system
The settlement and the…
- The 1787 settlers
- Sierra Leone Company and Crown Colony
The Protectorate
- The 1896 Protectorate
- Native courts
The West African Court of…
- A shared appeal court
Key points
- Settlement of the peninsula began in 1787
- English law applied in the Colony
- The Colony and Protectorate split is the origin…
- Appeals went to the West African Court of…
Take-home points
- Settlement of the peninsula began in 1787; Sierra Leone became a Crown Colony in 1808.
- English law applied in the Colony; customary law in native courts in the Protectorate (1896).
- The Colony and Protectorate split is the origin of today's dual court system.
- Appeals went to the West African Court of Appeal and then the Privy Council.
- The 1924 Constitution brought elected members and Protectorate representation.
Lecture notes on this subject
- Court Structure: Overview of the Sierra Leone JudiciarySierra Leone legal system
- Sierra Leone Legal System: Diploma Examination PaperSierra Leone legal system
- Sierra Leone Legal System: Diploma Examination AnswersSierra Leone legal system
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