To allow citizens to exercise their right to a peaceful protest or demonstration is seemingly at the whim and caprices of the office of the Inspector General of Police (IGP). Over the years, the office of the IGP is seen to have been selective as to which group(s) are granted permission to exercise their rights. Thus, the Sierra Leone Renaissance Movement has viewed the powers of the IGP as one that is “ultra vires” meaning the IGP is exercising authority, which is beyond his legal authority. However, “the Movement has filed an action (S.C. No.2/2017) in the Supreme Court for the Court to adjudicate, clarify and explain the parameters within which the police can limit citizens’ rights to protest… if at all they have such powers,” explained outgoing President of the Movement, Emmanuel Saffa Abdulai.
Abdulai explained that when the Government of Sierra Leone decided to hike the price of fuel, “we had discussions and dialogue and conversations with citizens and the government to reduce the price of fuel, however we were unable to get to any amicable solution. We decided we wanted to demonstrate with a “walk to work procession”. This was denied by the Sierra Leone Police to whom we wrote to ask for assistance.”Abdulai added, “The Public Order Act is very clear… you can ask the police for permission in the instances when you want to protest or you can ask them for assistance.”“What we did as a Movement was to ask for assistance cause all we wanted was the police to provide security so we could do our walk to work,” Abdulai explained. He said the Sierra Leone Police were very gracious and replied to us and asked about the modalities of the procession… “Eventually, when we met with the IGP, we were informed that the [SLP] do not have the manpower to provide security for our procession.”“As a Movement we believe in the rule of law and ensuring that we use and exhaust democratic institutions. We decided that we were going to file papers that would challenge that action…. We don’t believe laws that were made in 1965 are still consistent with the Constitution of Sierra Leone. Implementing such a law at this point in time should be done with flexibilities that would give credence or
substance to the constitutional provision which we have in the 1991 Constitution. We believe, as a democratic country, as a country aspiring to boost its democratic credentials, democratic activities like processions, demonstrations and protests to express ones opinion or descent as against government policy must be greatly encouraged,” he stressed.
The Movement executive member, Francis Ben Kaifala, is the lead lawyer listed on the Supreme Court papers. He said, “the rule of law is supreme and not individuals…” “We in the Movement have filed papers in the Supreme Court challenging the authority of the IGP and the SLP who have constituted themselves into a quasi-judicial entity where they can determine whether people can hold meetings, demonstrate or protest and in doing so they are discriminatorily applying the laws in our views…” he added.Kaifala explained, the Movement wants the Supreme Court to explain whether Section 17 of the Public Order Act is not in conflict with Sections 25 and 26 of the Constitution. Section 17 of the Public Order Act states:
“Any person who intends to take part or takes part in organising or holding any procession shall first notify the Commissioner of Police in writing of his intention to do so and any person who fails to give such notification as aforesaid shall be guilty of an offence.The Commissioner of Police shall by order in writing addressed to such persons giving notice, disallow the holding of any procession or impose such conditions as he shall think fit on any procession where in his opinion the interests of defence, public order, public safety or public morality so require. Any person who takes part in any procession which has been disallowed by the Commissioner of Police or fails to comply with any of the conditions … shall be guilty of an offence.
This section shall not apply to processions of the following nature: circumcision; funeral; marriage; scouts or girl guides and schools.”
While Section 26 of the Constitution states: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade unions or other economic, social or professional associations, national or international, for the protection of his interests.”
By Ophaniel Gooding
Tuesday April 12, 2017.