By James Conteh
The Law Reform Commission of Sierra Leone has formally unveiled the Commissions of Inquiry (Practice & Procedure) Rules, 2025, a landmark legal framework that comes nearly five decades after the last such rules were mandated by the Constitution.
The Rules, established under section 150 of the 1991 Constitution, aim to regulate all proceedings before Commissions of Inquiry, which are constitutional bodies appointed to investigate matters of public importance. The new Rules will enhance transparency, accountability, and fairness in the inquiry process.
Under the Rules:
- Commissions have the powers of the High Court and the police for purposes such as accessing information, entering premises, searching, seizing evidence, and compelling witnesses to testify or produce documents.
- Proceedings are generally held in public, but Commissions may hold private hearings for good cause, protecting witness identities and sensitive information.
- The Rules define various types of witnesses, including “target witnesses” (those whose conduct is under scrutiny) and “non-target witnesses” (those who may have relevant information but are not under investigation).
- The Chairman of a Commission leads its meetings, and strict rules on conflict of interest ensure members disclose any personal or financial stakes.
- Legal practitioners with at least ten years’ experience are appointed to advise and assist Commissions, including calling and examining witnesses, while individuals appearing before the Commission have the right to legal representation and expert assistance.
- Confidentiality provisions require members and staff of Commissions to maintain secrecy about sensitive information, with penalties for breaches.
- Upon conclusion, Commissions must submit a detailed report to the President within 90 days, documenting findings, evidence, and recommendations.
The Law Reform Commission emphasized that these Rules will bring structure and legal clarity to commissions’ operations, helping to restore public confidence in inquiries and ensuring justice is served fairly and transparently.
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