Between Bio’s COI and Margai’s Clean Hands

The SLPP Commission of Inquiry (COI) White Paper released Thursday 24th September is political chicanery and a circumvention of constitutional order and the rule of law, masquerading as a fight against corruption.  This sort of exercise is nothing new in Sierra Leone’s body politic.  What we see happening now is not different from what went on in the past, the personnel may have changed but the tactics remain the same albeit in a more rabid form; intimidate and incapacitate your political opponents in a desperate attempt to win support from the electorate while at the same time masking own shortcomings.  I will explain starting right back to just after we had Independence from the UK.

In 1967, the military halted the transfer of power to Siaka Stevens and the APC after a closely fought election. Back then, we had parliamentary democracy just as in the UK, with the SLPP winning 28 seats and APC winning 32 seats. There were six independents four went with the SLPP and two – LAM Brewah and Kai Samba – decided to go with the APC even though they were from the South and East of the country, giving Stevens a clear majority. So, the Governor-General Sir Henry Lightfoot-Boston rightly swore-in Stevens as prime minister with the mandate to form a government.  The military intervened just two hours later stopping the democratic process and ushered in a coup.

That coup circumvented the established constitutional democratic order and the rule of law in favour of forced rule.  It remains the defining moment in the country’s body politic and it triggered a chain of events that ultimately led to the country’s downward spiral as politicians and their acolytes refused to obey the law and accept the will of the people. A once promising nation, rightly named the Athens of West Africa, which for all intents and purposes was making steady progress politically and economically, was derailed because of the actions of a few politicians who were willing to do anything to keep themselves in power.  Before the coup, the SLPP had won the previous elections in 1962, the first to be held after Independence in 1961.  But, the SLPP became increasingly unpopular, in part due to Albert Margai’s unsuccessful attempts to convert the country into a one-party state, amidst accusations of corruption and nepotism.

If it wasn’t for the military coup in March 21st 1967, led by David Lansana, Sierra Leone would have marked the first time that a ruling party had lost an election in sub-Saharan Africa (excluding white-ruled South Africa and Southern Rhodesia – now Zimbabwe) and conversely the first ever smooth transfer of power.

So, why is it necessary to recall these historical events?  Because they demonstrate that political trickery and deception has been going on since the birth of the nation and may help us view what is happening now with discerning lenses.  Today’s SLPP is drawing from patterns and thought processes of old, that the party thinks will help them politically as it did help Stevens and others after him, even if it is at the expense of equity, justice and fairness, national cohesion and development.  The transient nature of such actions is always lost on politicians, which creates the possibility of history repeating itself. For those who think the white paper is just, and some sort of comeuppance for corrupt politicians that will rid the country of corruption I say, just look at the history.

If the SLPP were serious about fighting corruption, then they would institute a proper and thorough process in governance that is open and transparent. They will take a leaf from the SLPP of Milton Margai who S.V. Wright, former clerk of Parliament, described thus: ‘Sir Milton Margai was respected and admired both for his unpretentious lifestyle and integrity. As Prime Minister in the context of accountability and transparency, he was so often heard to say in the House’ – “I invite you to come and see for yourselves, we have nothing to hide.”  ‘Because of all this, Sir Milton won from the people of this country the enviable accolade of CLEAN HANDS.’

Those cheering the SLPP’s decision on the COI right now, can they say Maada Bio has Clean Hands? No, I do not think so.  Because, if they want to show they have Clean Hands, and ready to fight corruption they would ensure transparency in all of government in its transactions and interactions. For instance, the public do not know what President Bio declared as his assets upon assuming the presidency. Only, the commissioner knows what he declared, that is incompatible with transparency. The excuse that he inherited that arrangement is untenable because, he can correct that to show his commitment to doing the right thing. Why should the citizens not know what leaders have when they attain power, but only a select few?

There are so many occurrences in this almost three years of President Bio’s government that does not pass the smell test nor show confidence in his so-called anti-corruption crusade. Take the costs of the dozens of international travels he took before the emergence of COVID-19, no one knows what he took as imprest on those travels.  Recently the Chinese ‘donated’ $2 million worth of medical supplies to the First Lady. Has she got an hospital that the people are unaware of? Why should the Chinese donate to her, is it for some favour now or in the future? What about the still unanswered questions surrounding payments of $1.5 million to the Chief Minister?These are serious and sincere questions that do need answers.

The terms of reference for this government’s COI dubbed, “The People’s Commission”, was to inquire into  “the assets of persons who were President, Vice Presidents, Ministers, Deputy Ministers, and other public officials who served in government between 2007 and 2018.  What that should mean within law is as written; to inquire, to investigate to ascertain the truth.  In the process, if criminal conduct is found, then it is government’s prerogative to prosecute in a court of law those criminally indicted.  Doing anything outside that is circumventing the law.  Indeed, that is the modus operandi of this COI, which is, they will inquire and investigate and if they find you guilty, that is it; you are guilty, no formal court process. Effectively the COI becomes a court, like the country is living under military rule or martial law, not in a democracy.

Additionally, the government is suggesting if people do not agree with the decision taken against them, they can go to court, in other words, you are guilty until you prove your innocence.  In a democracy, it is the other way round, one is innocent until proven guilty, in a court of law. COI’s cannot become courts of law in a democracy, they are fact finding exercises. Again, the idea that because Commissions of Inquiries have been used before by successive governments makes this latest one legitimate is ludicrous, and demonstrates an unwillingness to learn from history. Circumventing the constitution and the rule of law to achieve political objectives was wrong yesterday, is wrong today and tomorrow.

One can understand the draw towards any effort aimed at uprooting corruption in Sierra Leone, given the wretched state of the Republic, which we all can agree is due to corruption rooted in rotten politics.  But one cannot understand total acceptance without question this government’s intention over its COI.  Given our rather horrible history we must always as a nation ensure strict adherence to the rule of law despite how we feel about a person, political party, or group of people. This generation cannot remain passive or indifferent to subversion of the constitution and the rule of law, because it is a slippery slope that can get out of hand and become deadly as witnessed in the various COIs of old and in the tragic killings of Mohamed Sorie Forna and others by Stevens; the killings of Francis Minah and others by J.S. Momoh; the extra judicial killings of James Bambay Kamara and others by the NPRC and that of Kula Samba and others by Tejan Kabbah.  We must be mindful of wolves in sheep clothing and that we are not been used for another political gain that does not unite or benefit the nation in any way.