By Dolly A. Issa, Communications Officer
The recovery of stolen assets is among the most challenging yet crucial aspects of fighting corruption. Corruption, fundamentally defined as the abuse of entrusted power for private gain, has historically been prevalent in Sierra Leone’s public sector. However, the tenure of Commissioner Francis Ben Kaifala, Esq. has brought significant changes, shifting this grim reality toward a more transparent and accountable governance.
On the 18th October, 2022, the Anti-Corruption Commission (ACC) received a Non-Prosecution Policy from the United Kingdom/Sierra Leone Pro Bono Network. This policy provides a blueprint for decisions regarding the Non-Conviction Asset Based Recovery (NCA-BR) regime, allowing the ACC to recover assets linked to criminal activity without requiring a conviction. Under NCB-AR, courts are authorized to confiscate assets of criminal origin, even when no conviction has been secured. In Sierra Leone, the ACC can seize assets, demand restitution of misappropriated funds, and mandate repayment. This model is especially effective in cases involving international elements.
The NCA-BR model aligns with international standards and is simultaneously applied by the ACC with traditional litigation. Key provisions include civil penalties under Sections 87 and 133 of the Anti-Corruption Act No. 12 of 2008 (amended in 2019), restitution for misappropriation offences, asset forfeiture, cooperation agreements, non-prosecution agreements, and deferral agreements. This approach is advantageous because it hits corrupt individuals where it hurts the most, their financial resources without the need for lengthy court proceedings.
The Non-Prosecution Policy, as outlined in Section 7(1) of the Anti-Corruption Amendment Act No. 9 of 2019, empowers the ACC Commissioner to either initiate court proceedings or reach agreements with suspects, leaving the final decision to the Commissioner's discretion. This flexibility has allowed the ACC to make significant cash recoveries, totalling over 45 Million Leones (approximately 3.5 Million United States Dollars), through both public and private sector cases.
NCA-BR offers several critical benefits in the fight against corruption that includes efficiency in Asset Recovery. Unlike court proceedings, which can be delayed due to factors like lawyer absenteeism, case complexity, or the retirement of Judges, NCA-BR enables quicker asset recovery. It saves resources that would typically be expended on lengthy trials. It enhances Public Trust by enabling the ACC to recover assets without court orders. The NCA-BR model fosters public trust and confidence in anti-corruption efforts. It also ensures integrity by ensuring timely recovery of assets that can be redirected toward national development.
Moreover, the policy sends a clear message that engaging in corruption offers no financial gain, as all misappropriated assets must be returned to the State. Additionally, offenders are deterred by the risk of public exposure, which many seek to avoid.
Furthermore, it also ensures that stolen funds are returned to the Government for developmental projects rather than allowing offenders to be prosecuted without any actual recovery of misappropriated funds.
In sum, while strong Political Will remain essential in the fight against corruption, the Non-Conviction Asset Based Recovery Model has proven to be another very powerful tool. It streamlines asset recovery, fosters transparency, reduces the time and resources typically associated with prosecution, and serves as a deterrent to potential offenders. Through initiatives like these, the ACC continues to reinforce its commitment to holding corrupt actors accountable and to fostering a corruption-free Sierra Leone
