14/6/2023@14:00
Sierra Leone is a democratic country where the rule of law is expected to prevail wherein people’s human rights are supposed to be protected by the state regardless of persons’ political affiliation or leanings.
I have been following the arrest and detention of Mr. Arthur E Pearce in free town for the past days.
Arthur Pearce was a former NGC strong man who resigned from the NGC when he felt dissatisfied with happenings within the party and he subsequently joined the main opposition, All People’s Congress (APC) after the NGC had formed an alliance with the ruling Sierra Leone People’s Party (SLPP).
But I will restraint myself from discussing what I think is the reasons why some miscreants, reprobates or politically toxic beings plotted against the former NGC strong man, rather I will focus on the legality of his continued detention without the police given any reasons.
Firstly, section 17 of the 1991 Sierra Leone constitution highlights the circumstances someone liberty would be deprived but my focus is on sec 17(3a and b).
In addition, section 17(3) states that any person who is arrested or detained in such a case as mentioned in paragraph (e) or (f) of subsection (1) and who is not released shall be brought before a court of law—
(a) Within ten days from the date of his arrest in cases of capital offences, or offences carrying life imprisonment and economic and environmental offences; and
(b) Within seventy -two hours of his arrest in case of other offences;
and if any person arrested or detained in such case as is mentioned in the paragraphs above is not tried within the period specified in (a) and (b),as the case may be, then without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular, such conditions as are reasonably necessary to ensure that he appears at a later date for trail or proceedings preliminary to trial.
Based on the above provisions, I am tempted to ask the Sierra Leone Police; was Arthur E Pearce arrested and detained in line with section 17(3a) or section 17(3b)?
Since his arrest and taken to the CID, the Sierra Leone Police has not informed members of the public about the basis of his arrest and detention. I didn’t remember seeing any police press release on the issue.
Concerned Sierra Leoneans are kept in the dark while Arthur continues to languish in detention.
Therefore, I think if Arthur was not arrested on anything related to capital offences, or offences carrying life imprisonment and economic and environmental offences, he should be released.
As I said earlier, Sierra Leone has been enjoying democracy for the past years, and President Maada Bio stressed on the rule of law recently when addressing the nation after the country was elected to the U.N Security Council as a non-permanent member.
Therefore, arresting and detaining a politician or any citizens or resident in Sierra Leone beyond what the law allows and without given any reason as to his arrest goes against the spirit and intendment of the rule of law. A thing which our government and political leaders project to the international community and development partners.
I just believe in the absence of Police explanations as to why he was arrested; the continued detention of Arthur E Pearce is unreasonable and unjustifiable hence he should be released as per the country’s constitution.
It is on this note, I ask why Arthur Pearce is still not being charged Or released.
I rest my case.
