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ACC clears Sierra Leone Parliament

By Francis H. Murray

The Anti-Corruption Commission (ACC) has in a report on  investigations into allegations of corruption against Parliament and its officials, announced that it could not reach the needed “evidential threshold” required by law to proceed with criminal prosecution.

The Commission in a press release issued on Friday 12th March 2021, noted that after due considerations of the statements recorded in the matter and documents obtained from the Finance Department of Parliament and the Accountant General’s Department, they have cause to use the prevention approach instead of prosecution.

It noted: “that though the actions of some MPs and members of the Finance Department are not in accordance with prudent financial management systems, the necessary evidential threshold required to proceed with criminal prosecution under the Anti-Corruption Act (ACA) 2008 (as amended in 2019), has not been attained. The issue, therefore, will be dealt with using the prevention approach within our mandate.”

The corruption allegations in Parliament were ignited by Hon. Ibrahim Tawa Conteh of Constituency 132, who made wide-ranging allegations of corruption against the Clerk of Parliament Hon Umarr Paran Tarawallie in November 2019 during the “Good Morning” radio magazine show on Radio Democracy.

The Commission said that what came out very clearly during the course of their investigations is the lack of “systemic and appropriate monitoring and accountability regimes” which has the tendency to encourage unsafe practices in the management of public funds by not only the administrative architecture of Parliament but also the members of Parliament and in some instances, its leadership.

In the area of Constituency Facilitation Fee (CFF) allocated to MPs, the Anti-graft agency noted that there was no supporting document submitted to the Commission on how the said money was expended by the respective MPs.

With the issue of procurements, the Commission stressed that most of the procurements did not go through the complete procurement cycle and in some instances did not form part of some of the procurement documents produced and submitted to the Commission by the Procurement Department.

This they noted signals a “serious lack of proper procurement and accountability regime” in the financing structures of Parliament which needed to be properly addressed immediately. 

The Commission further stated that contrary to what was alleged by Hon. Tawa Conteh that no oversight activity was carried out for the period January to December 2018, it found out that there was no evidence to support the allegation of misappropriation of public funds meant for oversight against the Clerk of Parliament. 

Over sitting fees allegations for MPs, the Commissions stated that most MPs did not sign the payment vouchers after they would have received their monthly sitting fees while others asked a third party to sign and receive theirs on their behalf without any formal form of authorization. 

The findings the Commission said pointed out to a weak accountability regime within the public finance utilization structures of Parliament which needed to be rectified. 

The Anti-graft agency said it will therefore work with Parliament for a policy review to give clear guidelines and directives in that regard that will ensure judicious financial policies that could prevent the re-occurrence of the lapses in subsequent financial years. 

“In accordance with our mandate as stipulated in Section 7 paragraphs (f), (g), and (h) and in Section 8 of the Anti-Corruption Act, No 12 of 2008 (as amended in 2019), the Commission will refer this matter to the Prevention Department of ACC to work with the Management of Parliament, the Members, and the Leadership of Parliament, and the Ministry of Finance to initiate systems and processes review, so as to make appropriate recommendations and administrative adjustments that will enhance sound and prudential financial and administrative architecture,” the release further noted.  

Copyright © 2021 Politico Online 15/03/21

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