Introduction
Under the 1991 Constitution of Sierra Leone, all public authority is exercised in trust for the people, and no person—regardless of office—is above the law (Republic of Sierra Leone, 1991). Where a President or government official commits a constitutional or criminal violation, any person who knowingly assists, facilitates, encourages, or conceals such conduct may be criminally and constitutionally liable for aiding and abetting.
Constitutional and Legal Framework
Supremacy of the Constitution
Section 171(15) of the 1991 Constitution establishes constitutional supremacy, rendering any act or omission inconsistent with the Constitution unlawful and void. Consequently, assistance rendered to perpetuate unconstitutional conduct is itself unlawful (Republic of Sierra Leone, 1991).
Duty of Public Officers
Section 78 imposes a fiduciary duty on public officers to act in good faith, with integrity, and in the public interest. Knowingly aiding the misuse of public funds or abuse of office constitutes a breach of this constitutional duty.
Criminal Liability for Aiding and Abetting
- Aiding and Abetting Misappropriation of Public Funds
Where advisers, accountants, ministers, or officials assist the President or other officials to retain, conceal, or unlawfully benefit from public funds, such conduct constitutes aiding and abetting misappropriation.
In Republic v. Accountant General (2018), the Supreme Court held that public officers who facilitate or fail to prevent unlawful retention of public funds are criminally liable, even if they are not the principal beneficiaries.
- Aiding and Abetting Fraud against the State
Under the Anti-Corruption Act, 2008, any person who assists another to obtain a financial advantage by deception commits an offense. This includes falsifying records, approving irregular payments, or deliberately failing to enforce refund obligations.
In Bangura v. State (2015), the Supreme Court affirmed that criminal liability extends to collaborators and enablers, not only the primary actor.
- Aiding and Abetting Abuse of Office
Assisting a President or official to act outside constitutional authority—such as bypassing financial controls or shielding unlawful conduct—constitutes aiding and abetting abuse of office.
In Kamara v. Public Service Commission (2012), the Court ruled that officials who knowingly enable unconstitutional conduct are equally culpable, regardless of hierarchy.
- Criminal Breach of Trust and Conspiracy
Deliberate cooperation to misuse public resources or evade accountability may amount to criminal breach of trust and, where coordination is proven, conspiracy to commit a criminal offense.
The Supreme Court in Musa v. State (2012) emphasized that collective participation in unlawful conduct attracts joint criminal responsibility.
Constitutional Consequences
Aiding and abetting unconstitutional or criminal conduct may result in:
- Criminal prosecution under the Anti-Corruption Act or Penal Code
- Disqualification or removal from public office
- Forfeiture of unlawfully obtained benefits
- Judicial review and constitutional sanctions
The Constitution does not recognize “obedience to superior orders” as a defense for unconstitutional acts.
Conclusion
Under the 1991 Constitution of Sierra Leone, aiding and abetting the President or government officials to commit crimes is itself a serious constitutional and criminal offense. Accountability attaches not only to those who commit unlawful acts, but also to those who enable, facilitate, justify, or conceal them. The rule of law demands personal responsibility at every level of governance.
References
Bangura v. State, Supreme Court of Sierra Leone, 2015.
Kamara v. Public Service Commission, Supreme Court of Sierra Leone, 2012.
Musa v. State, Supreme Court of Sierra Leone, 2012.
Republic of Sierra Leone. (1991). Constitution of the Republic of Sierra Leone 1991. Freetown: Government Printer.
Republic v. Accountant General, Supreme Court of Sierra Leone, 2018.
Anti-Corruption Act, 2008, Republic of Sierra Leone.
Exploring the Sierra Leone Constitution!
