JUSTICE UNDER SCRUTINY: DIFFERING VIEWS ON A JUDGE’S SUSPENSION

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BY ALISIOUS KONGO 

The suspension of Supreme Court Judge Allan B. Halloway has ignited heated debate in Sierra Leone’s judiciary, legal community, and civil society. The decision, taken by President Bio on September 16, came shortly after the judge lodged complaints against the Chief Justice, raising questions about due process and judicial independence.

Speaking on Liberty Online TV, Moses Kamara, spokesperson for the Sierra Leone Judiciary, defended the suspension as constitutional. “If there is any issue with the Chief Justice, there should be a petition to the President. These are constitutional provisions,” he said. Kamara added that Justice Halloway’s approach was flawed: “The way he wrote the letter to the Chief Justice was not something good. It’s an issue of due processes, not secrecy.” He maintained that Section 137(6) of the 1991 Constitution provides grounds for suspension only in cases of sickness or misconduct, and a tribunal has now been set up to investigate.

Claude Bhamee Davies, Public Relations Officer of the Sierra Leone Bar Association, disagreed, stressing that Halloway was simply demanding what he deserved. “The position of Justice Halloway is not about the Chief Justice. He was just complaining of what he deserves,” Davies argued. He questioned the timing of the suspension: “They placed the cart before the horse. Let them show the letter and date of Mr. Halloway’s tribunal that led to the suspension.” According to him, “A judge can be suspended, but the due process ought to be followed.”

Abdul M. Fatoma, Executive Director of the Campaign for Human Rights and Development International (CHRDI), described the suspension as an embarrassment that undermines public confidence in the judiciary. “We want the President to revoke that particular issue of suspension. It brought a big embarrassment,” he said. Fatoma further warned: “If we don’t allow judges to have an avenue to complain, it will erode the confidence of our judiciary.” He reaffirmed CHRDI’s stance: “Our position is clear and we will monitor what the government will do—and we will take it further if they don’t adhere.”

As the tribunal begins its work, the controversy has laid bare the tension between constitutional procedure and public perception. While the judiciary insists that Justice Halloway bypassed due process, the Bar Association and CHRDI maintain that his suspension undermines fairness and transparency. The outcome of this dispute will not only determine Justice Halloway’s fate but could also shape the future of judicial independence in Sierra Leone.

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