By Dr John Idriss Lahai
Date: 19/1/2026
The recent declaration of intent by the Commissioner of the Anti-Corruption Commission (ACC), Francis Ben Kaifala, to contest for the flagbearer position of the Sierra Leone People’s Party (SLPP) represents a significant inflection point in the country’s democratic governance. While every citizen possesses the right to political participation, the specific legal and institutional architecture of the Republic of Sierra Leone imposes stringent barriers on sitting public officers—particularly those heading independent integrity institutions—who seek to transition into active partisan politics.
The following analysis outlines the legal and constitutional grounds upon which the Commissioner’s continued stay in office is untenable and arguably a violation of the laws of Sierra Leone.
- The Constitutional Doctrine of Public Office Neutrality
The Constitution of Sierra Leone, 1991, establishes a clear dichotomy between “political” appointees and “public officers.” Under Section 171, a “public office” is defined as any office the emoluments of which are paid out of the Consolidated Fund or directly by the State. The Commissioner of the ACC falls squarely within this definition.
Furthermore, Section 76(1)(h) of the Constitution prohibits persons who are “public officers” from being elected as Members of Parliament, and by extension, under Section 41(d), from being qualified for election as President, unless they have first resigned from their posts. The spirit of these provisions is to prevent the “weaponization” of state resources and institutional authority for partisan electoral gain. A sitting ACC boss who is actively campaigning for a party’s leadership remains in control of the nation’s most potent (potent in theory – but in practice, the most impotent; most corrupt and morally bankrupt) investigative apparatus, creating an irreconcilable conflict of interest.
- Statutory Violations of the Anti-Corruption Act (2008)
The Anti-Corruption Act, 2008, as amended in 2019, was designed to ensure that the Commission remains an “independent” and “autonomous” body. Section 3(2) of the Act emphasizes that the Commission must not be subject to the direction or control of any person or authority.
When the head of this commission declares interest in a political party’s (the SLPP) flagbearer position, the “independence” mandated by law becomes a legal fiction. The Commissioner’s neutrality is the cornerstone of the Commission’s legitimacy. By declaring a partisan ambition:
(a) The Commissioner violates the implicit fiduciary duty to the state to remain impartial.
(b) He compromises the objective investigation of political opponents and allies alike.
(c) He subjects the Commission to Section 127 concerns regarding the abuse of office for “advantage,” as a sitting Commissioner may use the threat of investigation or the promise of leniency to consolidate political support within his party.
- The Civil Service and Public Service Regulations
The Civil Service Code, Regulations and Rules (2009), which often serves as a subsidiary guide for public service conduct in Sierra Leone, explicitly mandates “Impartiality.” It states that public servants shall not get involved in party politics to ensure that they can serve the government of the day without fear or favour.
While the ACC Commissioner is a political appointee in the sense of his nomination by the President, his role is functionally a quasi-judicial and public service role. The Political Parties Act, 2002, and the Public Elections Act, 2022, reinforce the requirement that public officers must vacate their positions at least twelve months (or as otherwise specified for certain categories) before seeking elective office. For a person in a position as sensitive as the ACC Commissioner, the ethical threshold (which he lacks; the man has no integrity) is even higher. To remain in office while seeking a partisan flagbearer role is to hold the Commission hostage to the whims of the SLPP’s internal power dynamics.
- Breach of the Code of Conduct for Public Officers
Under Section 151 of the Constitution and the various administrative codes governing the conduct of high-ranking officials, the “Integrity of the Office” must be maintained. The moment a declaration of candidacy is made, the office of the ACC Commissioner ceases to be a neutral arbiter of justice and becomes a campaign platform.
The All People’s Congress (APC) lawmakers and the broader citizenry have a legal standing to demand a resignation because:
(a) Procedural Fairness: No politician can expect a fair investigation from a rival who is competing for the same political space.
(b) Institutional Parity: The ACC cannot be a “party pekin” (partisan child) institution. It belongs to the Republic, not the SLPP.
(c) Preventing State Capture: Allowing the ACC boss to remain in post creates a precedent where the anti-graft agency becomes a tool for intra-party and inter-party purging.
The laws of Sierra Leone are designed to prevent the fusion of partisan politics with the enforcement of the rule of law. For Francis Ben Kaifala to remain as the head of the ACC while campaigning for the SLPP leadership is not only an ethical lapse but a direct challenge to the constitutional order and the statutory independence of the Commission. To preserve the remaining shreds of institutional integrity (which is less than 0.1 out of 100%) in our anti-corruption fight, he must step down immediately.
Yours in disgust,
Dr John Idriss Lahai
