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THE LITIGATION UNIT
This unit is mainly responsible for litigating on cases dealing with
human rights abuses and violations of male adults whose cases do not
fall within the purview of the Transitional and Economic Justice Unit,
Juvenile Unit or the Gender Unit. The Unit is also responsible for
pursuing strategic constitutional test cases in the Supreme Court of
Sierra Leone and other similar institutions for the protection of Human
Rights and the undertaking of impact litigation on behalf of indigent
individuals and groups.
Major activities undertaken by the Unit
- The Centre has commenced work on three major constitutional test
cases. The most important of these is to challenge the Seditious
Libel Provision of the Public Order Act of 1965, which is in
contravention of Section 25 of the 1991 Constitution of Sierra Leone
safeguarding Freedom of Expression. The Centre views the application
of this provision of the Public Order Act of 1965 as an outright
violation of the 1991 Constitution.
- The Centre in conjunction with the Centre for Capital Punishment
Studies based at Westminster University, UK, is putting together an
argument to challenge the mandatory aspect of the death penalty in
the Supreme Court of Sierra Leone.
- The Centre under its impact litigation project also intervened in
the case of the Westside Boys and former members of the
Revolutionary United Front ( RUF ) who were about One Hundred(100)
in Number who before LAWCLA's intervention were incarcerated for
five years without Trial and had no legal representation. As a
result of the Centre's intervention the cases were expedited and
over ninety percent of those standing trial were acquitted for lack
of evidence on the part of the prosecution.
Major cases dealt with by the Unit during the past five years
The State vs. Edna Marsh: The Centre intervened in the case of the
22-year-old Accused who was charged with child stealing and committed to
the High Court on the 18th November 1999. Before she was remanded she
had a perfect vision but lost her sight while in detention. After having
inkling of her long detention, Director of the Centre, Melron Nicol-Wilson
appeared on her behalf the 4th March 2004 before Justice Ademusu at the
Freetown High Court No. 2. The defendant was eventually admitted to bail
after spending five years in jail waiting for her Case to be heard.
- The Centre intervened in the matter of Alusine Sillah, a Guinean,
who was incarcerated for seven months and accused of illegal
possession of diamonds but was acquitted after LAWCLA's
intervention.
- Abubakar Komrabai Samura vs. the Sierra Leone Ports Authority. The
Sierra Leone Ports Authority in this case employed the complainant
as security personnel on 12th January 1991. The complainant alleged
unfair dismissal after being fired by the company on a one-day
notice. The Centre represented him in an out of Court negotiation in
which he was paid the sum of Thirteen Million Leones (Le13, 000,000)
equivalent to $6000 as compensation for unlawful dismissal.
- Inspector-General of Police vs. Sewa Bockarie Marrah. In this case
the Centre represented a Police Officer who was allegedly assaulted
by then majority leader in Parliament of the Sierra Leone People's
Party.
- The Inspector General of Police vs. Sheik Umaru Bah. LAWCLA
intervened in this case through a writ of Habeas Corpus and secured
the release of the accused after 27 months in detention at the
Kenema Prison without Trial.
- The State vs. Tamba Jimmy Kay. LAWCLA intervened in the murder
trial of the accused who was detained for over 80 days at the Congo
Cross Police Station, where he should not have being detained for
longer than Ten Days. The trial process was expedited and Tamba
Jimmy Kay was subsequently acquitted and discharged.
- Inspector General of Police vs. Alimamy Sesay. The accused a 71
year old man was charged with wounding under the Offences Against
the Person's Act of 1861 and freed after three years in prison
following LAWCLA's intervention. The Director of the Centre, Mr
Melron Nicol-Wilson, represented the accused, discovering that
Alimamy Sesay had made over fifteen appearances without the
Prosecution turning up for the trial.
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