MEDIA & SOCIETY
The Anti Corruption Bill......Is it A Time Bomb Waiting To Explode
By Dr. Lamina Sankoh
Jul 4, 2008, 18:32

It is usually said that those whom the God’s wish to destroy they first make mad.  This is exactly what will happen to the APC Government if they pass the new Anti-Corruption Bill 2008 in its present form presently before Parliament. The bill has been crafted by the present Chairman of the Anti-Corruption Commission to suit him and few of his colleagues whom he wishes to recruit to assist him run the Anti-Corruption Office for the next 10 years.

It is good to have an Anti- Corruption Commission in Sierra Leone but the Commission should not be empowered with oppressive and draconian powers and duties.The bill is dangerous and oppressive for the following reasons.

1.        In the interpretation section the word “relative” in relation to a person includes a spouse, concubine, conjugal partner or paramour of that person. This definition is unbelievable. How can a concubine, conjugal partner or paramours are considered a “relative” of a person under investigation by the ACC?

2.      “unexplained wealth” includes assets of a person –

(a)             acquired at or around the time the person is alleged to have committed an act of corruption or economic crime and

(b)            Whose value is disproportionate to his lawful sources of income at or around that time and for which there is no reasonable or satisfactory explanation.

What is the position if the person is the recipient of assets from his parents, relatives or even friends?

Suppose the person has assets abroad which he or she has transferred to Freetown or suppose the person is also engaged in commerce or trade?

Section 2(3) (2) of the Anti-corruption Act 2008 states that the commission should be a legal practitioner having not less than ten years practices in his profession and of conspicuous probity.

Why should the commissioner be a lawyer? Much as a legal background will help in the job, there is no reason why an Accountant, a senior Police officer, Banker or retired Civil servant cannot be appointed a commissioner?.

If only lawyers can be commissioners then this is “jobs for the boys” Val collier was not a lawyer but he was a good chairman of the ACC than Dr. Joko-smart who was a lawyer.

The position should be opened to other professions as is done in some other African countries.

The chairman of the Anti-corruption commission should be a mature person who has had experience about life. Preferably, a man who has a family or a home or both. Academic brilliance is good but there are other qualities to look for in persons for this position.

Subsection (3) states, that the Chairman of the ACC should have proven managerial experience and conspicuous probity.

Can a man who ahs changed over 6 jobs over the last 12 years in Sierra Leone and out of Sierra Leone claim to have proven managerial experience? Is he not a “rolling Stone” that gathers no moss.

Subsection 4 (1) states that the Commissioner should hold office for a term of five (5) years and should be eligible for another term of five (5) years.

Five years is too long. Three (3) years is reasonable and fair

Going through one noticed that the Chairman of the ACC wants to be in office for 5 years but wants the Chairman and other members of the Advisory committee to be in office for only two (2) years. If the Chairman and other members of the Advisory Committee should be in office for only two (2) years, why not the Chairman of the Commission?

How then can they efficiently monitor, advise and assess the Commissioner or his staff who will be in office for five (5) years?

If the Commissioner and Deputy Commissioner should hold office for five (5) years, it is but fair and reasonable that the chairman and other members of the Advisory Committee should also hold office for 5 years instead of 2 years?