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Delivers the following Judgment:
1- SUBJECT MATTER OF THE PROCEEDINGS:
The subject matter of the suit pertains to the unlawful and unfair dismissal of the Plaintiff
/ Applicant from the Police Force of the Defendant/Respondent, on trumped up
charges, and without a hearing thereby violating the Plaintiff/Applicant right to fair
hearing guaranteed by Art7 of the African Charter on Human and People’s Rights.
2- SUMMARY OF FACTS AND PROCEDURE:
By an application lodged before the Court on the 14th of October, 2013, the
Plaintiff/Applicant (hereinafter called the Applicant) a citizen and a former
Suprintendent of Police of the State of Defendant (Republic of Sierra Leone) alleged
that he was unlawfully and unfairly dismissed from the defendant’s Police Force without
being afforded a hearing in contravention of the Art 7 of the African Charter on Human
and People’s Rights.
The Applicant was enlisted in the Sierra Leone Police Force as a Cadet Assistant
Suprintendent of Police in 1984 and based on his meritorious service to the Force, he
was commissioned as an Acting Supritendent of Police (Asp in 1992).
In the course of the performance of his duties and in exercise of his freedom of
expression, he had a discussion (apparently a bobby trap) with the then Inspector
General of Police, Mr. Walter Nicol who on the basis of the Applicant’s statements
turned around and accused him (the Applicant) of insubordination. He was also
accused of having a link with the Revolutionary United Front (RUF) Rebels who were
then engaged in war with the legitimate government of Sierra Leone.
On the basis of these allegations and without being afforded the opportunity to answer
to them, the Applicant who had served the Defendant’s Police Force diligently for 10
years was dismissed from service.