Articles - 2023
May 2023
An Appraisal on the Distinctions and Similarities between the Offences of Strict Liability and Vicarious Liability: Making a Case against the Recognition of Vicarious Liability in the Criminal Law of Sierra Leone
- 31 May 2023
- Farouk S.T Adedoyin
To start with, there are a number of distinctions between vicarious liability and strict liability offences. Vicarious liability and strict liability offences are part of the offences criminalised under the criminal law of Sierra Leone. It is noteworthy that by virtue of Section 74 of the Courts Act, of the Republic of Sierra Leone, the Courts of Sierra Leone are allowed to use the common law of England, doctrines and principles of Equity, and Statutes of General Application in force in England before the 1st Day of January 1880.1 However, where such common law is used, it merely has persuasive authority as opposed to binding legal authority. This is primarily why this literature cited such authorities and such other case laws from jurisdictions with analogous common law legal systems like Sierra Leone.
The challenges that the ICC Prosecutor may face in presenting charges on the crime of aggression in the Russia-Ukraine situation
- 22 May 2023
- Leroy Spencer
The crime of aggression presupposes that an aggressive act has been committed by a State.1 Russia’s pernicious attack on Ukraine, violates the most sacred principle in international law, being the territorial integrity and political independence of all states. International law is crystal clear and absolute: a state is prohibited from the use or threat of force against another state; every such use, regardless of gravity or aims, constitutes a violation
June 2023
An Overview of Sierra Leone’s Environmental Laws: A Legal Framework
- 26 June 2023
- Samuel Ulric Betts
Compelled by this historical narrative, this article examines Sierra Leone’s environmental laws and regulations overlaid against the institutions empowered to implement and execute these laws intertwined with their responsibilities, government policies and the existing environmental infrastructure. The examination goes to the root of the need for and practice of effective environmental management and control which places unwavering insistence on collaborative efforts of both state and non-state actors in the fight for a safe, sustainable and eco-friendly environment.
Towards a defeating inequality: Protecting Workers against the Negative Effect of Modern Outsourcing Practices
- 23 June 2023
- Francis Ben Kaifala
As inequality deepens, many drivers exist. Outsourcing has become a popular labour practice among corporations. This article discusses its advent, extent and ramifications. It also suggests ways to ensure that it does not become more of harm to workers' rights than being beneficial - particularly in emerging economies like Sierra Leone where the legal and regulatory framework in the labour market may not be as prepared or robust as that of countries in the West who are mostly exporting it.
Freedom of Movement on Election Day, Upholding Constitutional Rights: Will the Decision of the Supreme Court Be Upheld?
- 23 June 2023
- Francis Turay
Elections are a fundamental aspect of any democratic society, enabling citizens to exercise their right to choose their representatives. In Sierra Leone, as the general election approaches, it is essential to emphasize the importance of preserving the citizens' freedom of movement on election day. This article aims to draw the attention of the Government of Sierra Leone, particularly the Sierra Leone Police, to the inalienable right of freedom of movement that should not be inhibited on this crucial day.
Reflecting on the importance of migration in an African context: A case for the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by African states
- 22 June 2023
- Jonette-Ann Matilda O. Greene
In Southern Africa, the ‘great shattering’ of the Nguni people that led to mass migration in the form of the Mfecane in the 19th century teaches us that the free movement of peoples to escape conflict or disruptions to the way of life is an integral part of African history. Similarly, trends of mass migration in the 20th century in North Africa, be it from Libya or Sierra Leone during their civil wars or even mass migration in East Africa from Rwanda during the genocide demonstrate that migration of people away from centres of conflict to pursue a better life is a core part of African history.
TAKING RISK: THE ROLE OF LAWYERS AND BANKERS IN CREDIT RISK MANAGEMENT AND MITIGATION FOR COMMERCIAL BANKS
- 20 June 2023
- Francis Ben Kaifala
Banking and risk are inseparable counterparts in the financial system of the economy of every country. While everything possible may be done by bankers and the regulators of the banking sector to reduce the effect of excessive risk-tasking, credit obviously includes the risk of loss. It is in fact risk that is the rationale for a lending bank’s returns (profit) usually measured in interest rate spreads. Like in many spheres of life, risk can neither be avoided nor totally eradicated. It is proper planning and execution that holds the key to a banker’s success; because, like Pierre Corneille (1604-1684) once wrote, “to conquer without risk is to triumph without glory”.
Environmental damage in the context of international criminal law
- 18 June 2023
- Richard Honey KC
It is now two years since the ‘Independent Expert Panel for the Legal Definition of Ecocide’ . Since then there has been much discussion about whether a new crime of ecocide should be created within the framework of the International Criminal Court Rome Statute.
MISUSE OF INFORMATION IN THE CIVIL AND PUBLIC SERVICE: LEGAL IMPLICATIONS AND POSSIBLE SOLUTIONS
- 14 June 2023
- Joan M.S Bull
Wrongful communication otherwise referred to as leaks or divulging in both the Civil and public service can taint the integrity of any organisation or institution. Information used in policy making and administration are deemed confidential and treated with utmost priority
Practical Challenges and Effective Measures to Detecting, Investigating and Prosecuting High-Profile Transnational Organised Crime in Sierra Leone. Case Study: Detection and Investigation of the Cessna Plane in Sierra Leone
- 12 June 2023
- Joan M.S Bull
Sierra Leone has been in political turmoil which climaxed to a civil war that lasted from 1991-2001. The devastating war left the country not only politically unstable as a result of the millions of people who were killed, raped and amputated but left the people impoverished and vulnerable. The economic and political instability in the country made it become more attractive to organized criminals who used corrupt government officials including the vulnerability and susceptibility of the people to enhance their ill-gotten gains.
A Review of Sierra Leone’s Laws on Mortgages
- 5 June 2023
- Farouk S.T Adedoyin
The law of mortgages in Sierra Leone is the product of the common law, equity, and statutes. The common law is the body of customary law, based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common-law courts of England [and its former colonies, the Republic of Sierra Leone being one]. The Common Law is recognised under the laws of Sierra Leone by virtue of Section 170(2) of the Constitution of Sierra Leone, Act No. 6 of 1991.
The Court of Appeal – A path to consolidation, convalescence and recovery!
- 5 June 2023
- Hon. Justice Mr. Reginald Fynn JA
This offering attempts to capture the legal framework of the Court of Appeal of Sierra Leone tracing its constitutional and factual composition, mentioning also some of its existing processes whilst exploring ideas and recommendations that may provide alternatives which may strengthen the court and generally make it a more effective adjudicating forum. Whilst some of the ideas flow from the experience and practices in other jurisdictions the bulk of them are informed by the author's appreciation of the existing rules as well as his experience appearing before the court as a legal practitioner and later sitting as a member.
July 2023
HUMAN RIGHTS AND CLIMATE CHANGE
- 29 July 2023
- Victor Idrissa Lansana
IS RECKLESSNESS SUBJECTIVE OR OBJECTIVE???
- 21 July 2023
- Karim Samura
THE COPYRIGHT TERM AND EFFECT ON CREATIVITY
- 2 July 2023
- Joan M.S Bull
Copyright is a legal concept that gives creators of intellectual property exclusive rights to the use, distribution, and sale of their work. The purpose of copyrights is to encourage creativity and to protect creators from the exploitation of their work by others. Although copyrights are necessary for protecting creators and the products of their creative labor, the length and scope of copyright terms can have an adverse effect on creativity
