4364 ISS Monograph 160.indd

This report examines the judiciary of Sierra Leone, detailing its historical evolution from the colonial era through periods of authoritarianism and civil war to its current democratic framework. It analyzes the structural composition of the courts, the challenges to judicial independence caused by executive influence, and the institutional capacity gaps—including staffing shortages and poor infrastructure—that hinder the effective dispensation of justice.

• The judiciary of Sierra Leone has a significant historical role in West Africa, having hosted the first Vice Admiralty Court for slave-trade cases and serving as the Chief Administration for the British West African states of Sierra Leone, Nigeria, Ghana, and the Gambia. On 19 February 1866, the Supreme Court of Sierra Leone was declared the Supreme Court for Nigeria, the Gold Coast (Ghana), and the Gambia.
• Executive interference in the judiciary intensified under the APC regimes of Siaka Stevens (1968–1985) and Joseph Saidu Momoh (1985–1992). The 1971 republican and 1978 one-party constitutions gave the President extraordinary powers to appoint and dismiss judges, including the Chief Justice, to prevent judicial activism. President Momoh specifically used the judiciary to eliminate political opponents and suppress rights during a declared economic emergency in 1985.
• The civil war caused severe damage to the judicial system, including the destruction of infrastructure and a 'brain-drain' as judges, magistrates, and lawyers fled the country. This resulted in a long period where Magistrates' and/or High Courts were only available in Freetown, Bo, and Port Loko.
• Despite the 1991 Constitution guaranteeing judicial independence under section 120, the President maintains disproportionate influence over the appointment of the Chief Justice and senior members of the judiciary. This creates a perception that the Chief Justice holds office only at the pleasure of the President, making it difficult for judges to defend citizens against executive excesses.
• The death penalty remains legal in Sierra Leone for crimes including murder, aggravated robbery, and treason, despite recommendations from the SLTRC for its abolition. While the Constitutional Review Commission (REC) suggested replacing it with life imprisonment for political crimes not resulting in death, the country abstained from a UN General Assembly vote on a moratorium on the death penalty on 20 November 2004.
• The judiciary suffers from significant institutional capacity gaps, including understaffing and poor resources. The Supreme Court has only three permanent judges despite a requirement for five; the High Court has eight judges against an ideal of nine. Courts lack recording equipment, libraries, and training facilities, often requiring judges to write trial records and decisions by hand.
• Access to justice is severely limited for vulnerable groups, including women, children, and the poor, who cannot afford lawyers or court expenses. The report identifies a 'bifurcated court system'—with different laws for the provinces and Freetown—as a source of disunity and injustice.

APA

Institute for Security Studies (n.d.). 4364 ISS Monograph 160.indd. https://issafrica.s3.amazonaws.com/site/uploads/M160CHAP5.PDF

Chicago

Institute for Security Studies. 4364 ISS Monograph 160.indd. n.d. https://issafrica.s3.amazonaws.com/site/uploads/M160CHAP5.PDF.

Wikipedia

{{cite report |author=Institute for Security Studies |title=4364 ISS Monograph 160.indd |url=https://issafrica.s3.amazonaws.com/site/uploads/M160CHAP5.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudiesnd4364, author = {{Institute for Security Studies}}, title = {{4364 ISS Monograph 160.indd}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/M160CHAP5.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }