Sierra Leone: The State Of Public Emergency and the Law: Some Legal Considerations

The State Of Public Emergency and the Law: Some Legal Considerations

By Osman Karim Conteh

Perhaps nothing in peace time presents the greatest threat to the enjoyment of basic human rights and freedoms and is at the same so corrosive of Democratic values and principles ad the declaration, existence and operation of a state of public emergency. It is unarguably, of course, that every society should have both the physical means and the necessary mechanism to preserve itself. In particular, a society should have the means to safeguard its members from extraordinary developments or events that threaten their existence and welfare which President Bio, did on the 24th of March 2020 to declared STATE of PUBLIC EMERGENCY for the COVID19 not to enter Sierra Leone. A state of war is evidently one such event. The Constitution readily recognizes this and provides that” Public emergency includes any period when Sierra Leone is at war”. May be sierra Leone is about to fight an invisible enemy which is the COVID 19, but i hope and pray that by God grace the COVID19 will not in any way come to Sierra Leone.

For the rest however, the provisions under sections 29(1)(a) and (b) and 171(1) of the Constitution regrading a state of public emergency, are somewhat elliptical.

My brother Sal T, CEO of the times newspaper was asking yesterday if we are in a state of public emergency or public emergency?

The fact of the matter is, the two expressions are interchangeable and mean essentially the same thing, I stand to be corrected my mentors Emeric Roy Coker, Hassan y Koroma, and Melvin Tejan Mansary.

It’s contemplated and provided for in the Constitution. Its declaration, existence and operation enable the government ( invariably the president) to assume extraordinary powers including virtual powers to legislate through ” Emergency Regulations ” in order ostensibly to meet the danger or threats imperiling the welfare of the country.
In the past, in Sierra Leone, a state of public emergency had been declared ostensibly for (such) public good but in reality used as a method of state craft for political ends, principally to bully and browbeat political opponents. And I hope in this state of public emergency declaration form the His Excellence President Dr. Julious Mada Bio, history will not repeat it self, because we are ready to support the president so that Sierra Leone will remain COVID 19 zero free.
Let take in to cognisance that a state of public emergency therefore poses a perennial threat to individual rights and freedoms and is ultimately corrosive of democracy. Its very existence abridges all fundamental human rights.
The following examine some of the legal, judicial and political checks that can be deployed to restrain a run _way state of public emergency. It also underscores the point that even in a state of public emergency, the RULE of LAW still has a role, if not an even greater one, to play and that ultimately, it is the judiciary which should decide issues that might be thrown up as a result of a state of public emergency.
Having said that , we will support the president and his government on the fight against the CORONA VIRUS DISEASE not to enter our beloved Country Sierra Leone.