Commentaries
Power Corrupts and Absolute Power Corrupts Absolutely....The New Anti Corruption Bill
By
Jun 25, 2008, 01:56

George Orwell’s Animal Farm is a typical case of a political satire which is applicable at all times. A thorough reading of this text gives an insight of Man’s behavioural pattern when political or any type of power is bestowed on him. He can use it to make and unmake himself but to a larger extent, man in most time uses power to destroy his fellow man. Animal Farm is a classic exposé of man’s inhumanity, with the sole objective to control and subject those at the bottom, in most cases for selfish purpose; while using the state as his defence for this cruelty.

Certainly, the behaviour of squealer, one of the casts in the text is typical with most political figures in offices that only care for themselves. George Orwell’s (Eric Blair) projection and assessment of “man and politics” has a lot of political and intellectual benefits.

This brings this writer to the issue of the new Anti Corruption Commission Bill forwarded to Parliament few days back for approval. Although, Parliament has plans to debate its contents and see what sections or areas to be amended before it is passed into law, the focus however of this writer is very simple and straightforward. Why did the commission, prior or during the exercise of putting the bill together fail to seek the views and contributions from the public? 

Also, why did the commission fail to obtain inputs from the civil society groups, the media, Bar Association and other professional bodies in the country? Also, why did the commission rewrite or change the original bill to suit few people currently working at the commission? These and other attempts by the commission or drafters to ignore public contributions into the new Anti Corruption Bill could be described as “corruption” and abuse of “official privilege” entrusted into the hands of public officials to serve the people.

The entire motive, when browsed through the new bill is to secure their jobs and grant absolute power to the commissioner and few other officials. It is true that over the years; the public and the international community have been advocating for an independent Anti Corruption Commission with prosecutorial powers. But none of this body had advocated for absolute powers of either the commissioner or other officials that would see innocent Sierra Leoneans being humiliated or detained unlawfully. If the new bill is passed into law by the House of Parliament, the powers of the Commissioner would even be above the President who was democratically elected by the people.

Unlike the commissioner and other members of the commission whose appointments were done on the pleasure of the President to serve this nation. The new bill is asking Parliament to approve a Commissioner with ten years legal background, meaning that only lawyers are entitled to be employed by the President as Anti Corruption Commissioner. Is this not corruption, for depriving other Sierra Leoneans to be appointed to such position?

Also, not only that the lawyer-commissioner must have served for ten years prior to his appointment, even new and upcoming brilliant lawyers are not qualified to be appointed as Commissioner because of the ten years experience. One begins to see the vaulting ambition of the current Anti Corruption Commissioner to permanently secure his job while depriving other Sierra Leoneans.

The section reads “The Commissioner shall be a legal practitioner having not less than ten years’ practice in his profession with proven managerial experience and of conspicuous probity”. The question is why should the position of a Commissioner for the Anti Corruption Commission be limited to lawyers with not less than ten years professional legal experience”?

It is only in Sierra Leone that this ugly and unprogressive precedent is about to be set if Parliament should approve the bill without any amendments to some of the grey areas. Other countries (developed and developing) such position is not limited to lawyers with ten or more year’s experience but to individuals in other professional bodies. What about police officers with investigative background? Auditors, Private criminal investigators are they not entitled to be appointed as Commissioners? Section (4) sub-section(1) states that both Commissioner and Deputy Commissioner shall each hold office for a term of five years and shall be eligible for re-appointment for another term of five years only”

It is not the business of the drafters of the bill to state how many years these people should be in office and their qualification for re-appointments, but the business of the people and the President whose power to appoint officials to public office cannot be challenged by any group or individual. Secondly, the people of this nation cannot accommodate a Commissioner(s) who is not result oriented. What this section is saying by implication is that whether incapable to perform or not the ten years legal background Commissioner should be maintained in office according to the dictates of the new bill.

But what appears most ridiculous and dictatorial is the issue of removing/terminating the services of the Commissioner. Reading sections 4-8 a&b, one can see the critical nature involved in the removal of the Commissioner.

First, consultation has to be held between the president and the Judicial and Legal Service, then followed by a tribunal which shall consist of a chairman and two other members all of whom shall be persons qualified to hold or have held office as Justices of the Court of Appeal. The outcome of the investigation should be referred to Parliament and be approved by a two-thirds majority. These are all efforts to strangle the powers of the President and subject him to public ridicule. It is true that public officials should not be removed from office arbitrarily or without substantial reason(s) relating to performance, professional misconduct or theft.

But the marathon journey to be adopted according to the Abdul Tejan-Cole new Anti Corruption Bill is a clear case of an embarrassment to the President whose Constitutional power to hire and fire should not be challenged or compromised in the interest of the state. Mr. Tejan-Cole’s objective may not be too far from the title of this piece

“Power corrupts and absolute power corrupts absolutely” Parliament is now left with the obligation to thoroughly scrutinize this bill before it is passed into law, if not, some of them would one day become potential clients of the Anti Corruption Commission and be humiliated like any common criminal of the state.

In the words of David Hume, the political philosopher, “There is no absolute power in a democracy.” If this is so the powers of the Commission should be subject to public scrutiny, checks and balances and the role of Parliament as representative of the people should be clearly seen. There are other areas not mentioned in this piece for now in the bill that needs to be reviewed if not; this country and its people would now be governed by Commissioner Abdul Tejan-Cole and not President Dr. Ernest Bai Koroma or Parliament. Let the public be prepared for the embarrassment and humiliation.