COURT: SUPREME COURT OF SIERRA LEONE
CORAM:
THE HONORABLE JUSTICE S. BECCLES DAVIES - CJ (PRESIDING)
THE HONORABLE JUSTICE S. C. E. WARNE - JSC
THE HONORABLE JUSTICE E. C. THOMPSON DAVIS - JSC
THE HONORABLE JUSTICE M. O. ADOPHY - JA
THE HONOURABLE JUSTICE A. B. TIMBO - JA
SC. MISC. APP. 1/94
BETWEEN:
THE STATE - RESPONDENT
VS
ALGHASSIM JAH - APPLICANT
REPRESENTATION:
A.F. Serry-Kamal for the appellant
Attorney-general & SOS for the state/respondent
FACTS:
The applicant, Lance Corporal Alghassim together with his colleague, Lance Coporal Sidique Sallu Jah who were both soldiers of the Republic of Sierra Leone Military Forces were charged with robbery with aggravation contrary to section 23 (1) of the Larceny Act 1916 as amended at the Republic of Sierra Leone Military Forces Court Martial. After both had been convicted and sentenced, the applicant applied to the Supreme Court for an order of certiorari pursuant to section 125 of the Constitution of Sierra Leone, for same to remove the indictment against them, all subsequent proceedings and as well quash and set aside the aforesaid conviction and sentence by the said Court Martial.
The appeal was based on the following grounds:
1. The applicant who was subject to military law was charged with a criminal offence under the general criminal law and was prosecuted before a military court-martial;
2. The applicant who was subject to military law was charged on an indictment and same signed by a state council and was tried before a military court martial;
3. The applicant who was subject to military law was charged on an indictment before a military court martial and this was in contravention of military law.
ISSUE:
Whether the trial held and the procedures followed at the Court Martial were in accordance with the laws of Sierra Leone.
FINDINGS:
The Court outlayed that the application itself was done under section 125 of the constitution of Sierra Leone which gives the Supreme Court a supervisory over every other court including adjudicating authorities with the Sierra Leone jurisdiction. It also noted that the court where the applicant was tried was established by the Republic of Sierra Leone Military Forces Act, 1961 which itself forms part of the existing laws of Sierra Leone and defined under section 170 (4) with its effects stated under section 170 (4) of the constitution of Sierra Leone Act No. 6 of 1991. These sections confirm that all written and unwritten laws that were in existence and operative before the commencement of the 1991 constitution shall continue to be in existence and have its force but subject to certain modifications which may affect them by reason of the constitution being the most supreme law of Sierra Leone, hence, the Republic of Sierra Leone Military Forces Act continued to be in operation after the commencement of the 1991 constitution.
Further, under section 129 of the Republic of Sierra Leone Military Forces Act, 1961, there was a right of appeal from the Military Court martial to the Court of appeal. However, this provision was amended by section 5 (this section inserted a new section 129) of the Republic of Sierra Leone Military Forces (amendment) Act, 1971 which prohibited any court (including the Supreme Court) from questioning the decisions of the Military Court Martial.
DECISION:
The appeal was dismissed in view of the above provisions, hence, the decision of the Military Court Martial stood. No court can entertain questioning the decision of the Military court Martial.