The question of whether a serving head of the Anti-Corruption Commission (ACC) can declare as a political aspirant while still in office raises important constitutional, legal, and ethical concerns. While political participation is a fundamental right in a democracy, Sierra Leone’s laws impose clear restrictions on senior public officers, particularly those leading independent oversight institutions.
This article examines the issue strictly under the 1991 Constitution of Sierra Leone and the Anti-Corruption Act, 2008 (as amended by the Anti-Corruption (Amendment) Act, 2019).
1. The Anti-Corruption Commission and Political Neutrality
The Anti-Corruption Commission is established to investigate and prosecute corruption and to promote integrity in public life. Its credibility depends on independence, impartiality, and political neutrality.
The Commissioner of the ACC is a public officer within the meaning of the Anti-Corruption Act, 2008 (as amended) and is therefore subject to constitutional and statutory limits designed to prevent conflicts of interest and abuse of office.
2. Constitutional Disqualification from Elective Office
The 1991 Constitution of Sierra Leone places clear restrictions on public officers and members of constitutional commissions who seek elective office.
Section 76(1)(b) of the 1991 Constitution provides:
“No person shall be qualified for election as a Member of Parliament if he is a member of any Commission established under this Constitution, or a public officer, or has been such a member or public officer at any time within the twelve months immediately preceding the date of election.”
Legal implication:
A serving head of the ACC cannot contest parliamentary elections and remains disqualified unless he or she resigns at least twelve (12) months before the election.
Although this provision directly concerns parliamentary elections, it reflects a broader constitutional principle that senior public officers must disengage from office before entering partisan politics.
3. Political Aspiration and Conflict of Interest under the Anti-Corruption Act, 2008
The Anti-Corruption Act, 2008, as amended in 2019, does not explicitly mention “political aspirants,” but it imposes strict obligations on public officers to avoid conflicts between personal interests and official duties.
Definition of Public Officer
The Act defines a public officer as:
“a person holding or acting in an office in a public body in any of the three branches of Government.”
The ACC Commissioner clearly falls within this definition.
Section 45 — Conflict of Interest (Anti-Corruption Act, 2008)
“Where a public officer has a personal or private interest in a matter under consideration by the public body in which he serves, he shall disclose the nature of that interest and shall not take part in any deliberation or decision on that matter.”
Interpretation:
Declaring as a political aspirant creates a personal political interest. Remaining in charge of anti-corruption investigations and prosecutions while nurturing political ambitions creates a conflict of interest under the Anti-Corruption Act, 2008 (as amended).
Section 42 — Abuse of Office (Anti-Corruption Act, 2008)
“Any public officer who uses his office to improperly confer an advantage on himself or any other person commits an offence.”
Political advantage gained through the authority or visibility of the ACC office may constitute an improper advantage.
Section 43 — Abuse of Position (Anti-Corruption Act, 2008)
“A public officer who knowingly abuses his position in the performance or non-performance of his duties commits an offence.”
Using the prestige, influence, or powers of the ACC while positioning oneself politically may reasonably be construed as abuse of position.
4. Declaring as an Aspirant While in Office
Although the Constitution protects freedom of expression and association, certain public offices demand restraint. A public declaration as a political aspirant often involves party alignment, mobilisation, and partisan messaging.
For the head of an anti-corruption institution, such conduct undermines public confidence, risks selective enforcement perceptions, and contradicts the spirit of the Anti-Corruption Act, 2008 (as amended).
Under Sierra Leone law:
Section 76(1)(b) of the 1991 Constitution disqualifies serving public officers and commission members from contesting parliamentary elections unless they resign at least twelve months in advance.
Sections 42, 43, and 45 of the Anti-Corruption Act, 2008 (as amended by the 2019 Act) prohibit abuse of office and conflicts of interest arising from personal political ambition.
Therefore, while political participation is a constitutional right, a serving head of the Anti-Corruption Commission cannot lawfully or ethically declare as a political aspirant while remaining in office. The proper course under the law is resignation before engaging in partisan politics.
Safeguarding the independence of the Anti-Corruption Commission is essential to democracy, the rule of law, and public trust in Sierra Leone.
Dauda's Pen 
Leave a comment