By Politico staff writer
The head of Sierra Leone’s Anti-corruption commission told the Commonwealth Regional Conferences and Annual General Meeting of Anti-Corruption Agencies in Accra that the Non-Prosecution Policy of his agency is a set of guidelines that aid prosecutors in deciding whether a particular matter should be prosecuted or not.
Francis Ben Kaifala said the policy makes way for the implementation of Section 7 (1) of the Anti-Corruption (Amendment) Act No. 9 of 2019, which grants power to the Commissioner to either institute proceedings in court or enter into an agreement with a suspect. This he said includes refunding the amount investigated and established to be misdirected by the state due to the actions of the Settler; Pay an interest of not less than 10%; and be disqualified from holding public office for a period of not less than three years.
When implementing this policy, according to Commissioner Kaifala, prosecutors are required to: consider the alternative sanctions or measures that are available based on the circumstances of each case. Reasonableness or fairness of the alternative to prosecution with respect to the interest of the State, the likelihood of the effectiveness of the alternative measure or sanction, period required to attain or execute the alternative measure, which, he argued, should not be inordinately long.
He explained that The Non-Prosecution Policy provides a number of alternatives including civil penalties; Section 87 (Attachment Orders) and Section 133 (Damages for being a party to and benefiting from corruption) of the Anti-Corruption Act No. 12 of 2008, as amended in 2019.
Additional alternatives he mentioned are restitution for misappropriation offences, forfeiture and confiscation of assets, cooperation agreements; non-prosecution agreements; and deferral agreements.
Reacting to questions from his audience on the benefits or positive impact of the Non- Prosecution Policy, Kaifala said together with the 2019 Amendment act, the policy provides a workable and viable alternative to some of the challenges of anti-corruption prosecution, as criminal prosecution is not always the best course of action.
He said the Non-Prosecution Policy has generally enhanced the fight against corruption by making it possible for the Commission to hit the corrupt where it hurts most – their pockets, without court order; recovering what has been stolen from the people of Sierra Leone in addition to other consequences.
Pictorial proofs were displayed on how cheques of monies recovered from corrupt individuals were presented to President Julius Maada Bio of Sierra Leone, while adding that these monies are sometimes used to undertake projects like building hospitals, giving out student loans among others.
The fight against corruption is winnable, Commissioner Francis Ben Kaifala said, adding that with the help of everyone, a country is sure to succeed in the fight.
The Anti-Corruption Boss led Sierra Leone’s delegation with High Commissioner Francess Virginia Anderson of the Sierra Leone high Commissioner in Ghana in attendance to give her support.
The 14th Commonwealth Regional Conference and Annual General Meeting of Heads of Anti-Corruption Agencies in Africa creates an opportunity for experiences to be shared, best practices discussed with different strategies on fighting corruption
With the theme, Strengthening Institutions and Promoting Transparency: A means of fighting corruption in Commonwealth Africa, the delegates consist of 20 heads of Anti-Corruption agencies and representatives of 20 African Countries.
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