FREETOWN, SIERRA LEONE — In a letter dated June 26, 2024, Rowland S.V. Wright, the lawyer for suspended Auditor General Lara Taylor-Pearce, has raised significant concerns regarding the tribunal investigating his client.
Addressed to the Speaker of Parliament, the letter challenges the tribunal’s constitutionality and criticizes the Supreme Court’s inaction on the matter.
Mr. Wright emphasized that the tribunal’s formation and its terms of reference are unconstitutional.
“Despite an application filed on December 20, 2021, the Supreme Court Judiciary of Sierra Leone has yet to address the constitutional challenges against the tribunal’s legitimacy,” Wright stated.
He argued that this delay has allowed the tribunal to proceed without judicial scrutiny, undermining the constitutional framework.
The tribunal, established by President Julius Maada Bio on November 17, 2021, concluded its deliberations and submitted its report on June 12, 2024. However, Wright revealed that the defense has not yet received a copy of the report.
“This has created a situation wherein my hands are effectively tied, as I cannot make any application before the Supreme Court or elsewhere until I can refer to the report,” he said.
Wright’s letter urged Parliament to seek a Supreme Court opinion on these constitutional issues before any voting on the tribunal’s findings.
“It is most undesirable for our revered Parliament to be asked to vote upon a report produced by a tribunal whose constitutional validity is yet to be determined by the Supreme Court,” Wright wrote. He stressed the importance of avoiding a harmful precedent.
The letter also highlighted previous attempts to address the tribunal’s legitimacy.
Wright noted that an application seeking to restrict the tribunal’s proceedings until the constitutional issues were resolved was filed on March 16, 2022, but has not been set before a panel of the Supreme Court.
Wright called for immediate action, stressing the urgency of the matter. “Our Honourable members of Parliament ought not to be seen participating in an exercise in which questions can later be raised as to the validity or otherwise of such an exercise,” he stated.
The situation remains unresolved, with the defense awaiting a copy of the tribunal’s report and the Supreme Court yet to address the constitutional challenges. As Parliament prepares to consider the tribunal’s findings, Wright’s letter underscores the need for judicial review to ensure constitutional and procedural correctness.
