A lecture note on the structure of the judiciary under Chapter VII of the 1991 Constitution.
THE STRUCTURE
The Judiciary is a creature of the Constitution. CHAPTER VII of the 1991 Constitution deals with the judiciary. In accordance with Section 120(1) of the Constitution, the judicial power of Sierra Leone shall be vested in the Judiciary of which the Chief Justice shall be the Head. The administration of justice is the foremost function of the judiciary; this involves the determination of disputes between private persons and between private persons and the state. In accordance with Section 120(1) & (2) of the constitution, the judiciary has over all civil and criminal matters including matters relating to the 1991 Constitution and such other matters conferring jurisdiction on it by Parliament or under an Act of Parliament. In the exercise of its functions, the judiciary is subject only to the 1991 Constitution or any other law and shall not be subject to the control or direction of any other person or authority.
In accordance with section 120 (4) of the Constitution, the judiciary consists of the Superior Court of judicature established by the Constitution and such other inferior and traditional courts that Parliament by law establishes. The Superior Court of Judicature comprises the Supreme Court of Sierra Leone, the Court of Appeal and the High Court of Justice. There is also Magistrate and Local courts and from these appeal lies to the Supreme Courts of Judicature.
SUPREME COURT
THE COURT OF APPEAL
HIGH COURT OF JUSTICE
MAGISTRATE COURT
LOCAL COURT
THE SUPREME COURT
At the apex of the hierarchy of courts in Sierra Leone is the Supreme Court. In accordance with section 122(1) of the 1991 Constitution, the Supreme Court shall be the final court of appeal in and for Sierra Leone. The members of the Supreme Court are the Chief Justice, at least four(4) other justices of the Supreme Court and such other justices of the Supreme Court of Judicature or of Supreme Courts in any state practising a body of law similar to Sierra Leone which the Chief Justice may, for the determination of any particular course or matter request to sit in the Supreme court for such period as the Chief Justice may specify or until the request is withdrawn. The of the Supreme Court shall be at least three justices and the Chief Justice shall preside at its sittings or in his absence the most senior of the justices of the constituted Supreme Court shall preside. Regarding its jurisdiction Section 122(1) provides that the Supreme Court shall have such appellate and other jurisdiction as may be conferred upon it by the Constitution or any other law. Section 124(1)of the Constitution gives the Supreme Court original jurisdiction, to the exclusion of all other courts, in all matters relating to the interpretation or enforcement of the Constitution and on questions arising as to whether an enactment was made in excess of the power conferred upon parliament or any other authority or person by law or under the Constitution. The Supreme Court also has supervisory jurisdiction over all other Courts in Sierra Leone and over any adjudicating activity.
The Court of Appeal
Section 128(1) provides that the Court of Appeal shall consist of the Chief Justice, not less than 7 Justices of the Court of Appeal and such other Justices of the superior court of judicature as the Chief Justice may for the determination of any particular cause or matter, request to sit in the Court of Appeal for such period as the Chief Justice may specify or until the request is withdrawn.
Section 128(2) provides that the Court of Appeal shall be duly constituted by any 3 Justices thereof. However, a single Justice of the Court of Appeal may exercise any power vested in the Court of Appeal not involving the decision on any cause or matter before the Court of Appeal save:
1)in criminal matters, if any such Justice refuses or grants an application in exercise of any such power, any such person affected thereby shall be entitled to have the application determined by the Court of Appeal as duly constituted and 2)in civil matters, any order, direction or decision made or given in pursuant of the power conferred by the provision may be varied, discharged or reversed by the Court of Appeal as duly constituted.
Section 129(1) grants the Court of Appeal jurisdiction to hear and determine appeals from any judgment, decrees or order of High Court of Justice or any Justice of the High Court and such other appellate jurisdiction as may be conferred upon it by the Constitution or any other law.
The Court of Appeal is to be bound by its own previous decisions and Courts inferior to the Court of Appeal are bound to follow the decisions of the Court of Appeal on questions of law. Section 128 (3).
The High Court
Section 131(1) provides that the High Court shall consist of the Chief Justice, not less than 9 High Court judges and such other judges of the superior court of judicature as the Chief Justice may for the determination of any particular cause or matter, request to sit in the High Court for such period as the Chief Justice may specify or until the request is withdrawn. The High Court shall be duly constituted by any one judge of the High Court sitting with a jury. Section 131(2).
The High Court of Justice has supervisory jurisdiction over all inferior traditional Courts in Sierra Leone and any adjudicating authority and in the exercise of its supervisory jurisdiction shall have power to issue directions, and orders, including the writs of , and other writs of , and prohibition as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory powers.
The Magistrate's Court
The primary inferior court of judicature is the Magistrate's Court. Pursuant to the Courts Act, Act No 31 of 1965, Sierra Leone is constituted into Judicial Districts and Section 4 of the Act states that there shall be constituted Magistrate's Court in and for every judicial district. Magistrate's Courts have limited jurisdiction. Subject to their limitations, Section 8 of the Courts Act, 1965 provides that the Magistrate's Court shall have the jurisdiction to do all lawful acts necessary to enquire into and dispose of or to hear and determine all civil and criminal matters arising within the district, area or place for which it is established or transferred to it by the High Court. Such jurisdiction is to be exercised by the Magistrate duly appointed to such courts.
Local Court
It has jurisdiction exclusively in matters that arise within their geographical area. Local courts cannot hear cases where the government or a company is a party. This is because neither is considered native.
There are cases where the matter goes straight from the High Court to the Supreme Court. This "Leap Frog Approach" occurs in situations where a matter touches or concerns the Constitution.
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