2024

ANTI-CORRUPTION COMMISSION OF SIERRA LEONE

An independent institution established for the prevention, investigation, prosecution and punishment of corruption, corrupt practices and to provide for other related matters. 

Contact us on: +23278832131 or info@anticorruption.gov.sl
Address:  Integrity House, Tower Hill, Freetown Sierra Leone, West Africa.

WEEKLY NEWSLETTER Issue 2 Volume 22 17-21 June 2024

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1. 17th—21st June 2024 Issue 2 Volume 22 INTEGRITY HOUSE, TOWER HILL FREETOWN, SIERRA LEONE EDITORIAL TEAM EDITOR - IN - CHIEF Abubakarr Turay EDITORS Sylvanus Blake Alex A. Bah LAYOUT & GRAPHICS Philippa M. Davies EDITORIAL ADVISERS Augustine Foday Ngobie Patrick Sandi T he Anti - Corruption Commission (ACC) and the National Commission for Social Action (NaCSA), on Tuesday 18th June, 2024 , signed a Memorandum of Understanding (MoU) geared towards collabora- tion and partnership in implementing the Productive Social Safety Net and Youth Employment (PSSNYE) project. The signing ceremony took place, at the Conference Room of the ACC Integrity House, Tower Hill, in Freetown. The National Youth Commission, Ministry of Youth Affairs, Ministry of Labour, Employment and Social Security, and Municipal Councils are also significant implementing partners of the project. In his statement, the Deputy Commissioner of ACC, Augustine Foday Ngobie welcomed the Team from NaCSA on behalf of the Commissioner, Francis Ben Kaifala Esq and the Management of the ACC. He underscored that, the ACC and NaCSA have been implementing partners of the World Bank poverty alleviation projects for a long time and the ACC respects that partnership. He added that because of this partnership the previous project which was the Social Safety Net (SSN) ended successfully. He thanked the leadership of NaCSA for the support which they had rendered to them. He furthered that the signing of the MoU will help both parties to maintain their own separate missions and mandates. Mr. Ngobie assured NaCSA that ACC will ensure the incorporation of other mobile companies (Orange and Qcell) into the 8515 toll - free line. Speaking at the signing ceremony, the Deputy Commissioner of NaCSA, Jimmy Batilo Son- ga, expressed his sincere gratitude to the ACC for their support in the project implementation. He commended the Deputy Commissioner ACC, Augustine Foday Ngobie and the Management of the Commission for holding the fort while the Commissioner was away on study leave. He said the presence of ACC in the project over the years has brought confidence to other implementing partners especially the World Bank, adding that, the MoU will ensure a good partnership and set forth the understanding and intentions of the Parties towards the goals of the PSSNYE. He added that NaCSA will render support to the ACC to ensure better implementation of the project. Mr. Songa encouraged the ACC to work with other mobile companies for the toll - free line to be accessible by beneficiaries and citizens on the Orange and Qcell networks. Contd on Pg 4 ACC Deputy Commissioner, Augustine Ngobie, signing the MoU Group pic after the signing ceremony. By: Amie Massaquoi, Information Officer, ACC NaCSA Deputy Commission- er, Jimmy Batilo Songa (L) in warm hand shake with ACC - DC Augustine Foday Ngobie ®

2. Page 2 T hank you Mr. Chair for this opportunity to address this distinguished body, on Sierra Leone’s continued resolve and determination in the implementa- tion of the provisions in the Convention relating to; Asset Recovery, Prevention and Technical Assistance, and wish to enumerate the level of achievements so far recorded by Sierra Leone, as there is the need for our respective countries to do more in ensuring full compliance to the recommendations of the Convention. Mr. Chair, I am pleased to state that Sierra Leone signed to the UN Convention on the 9th December 2003 and ratified same on October 30, 2004. Sierra Leone has made tremendous efforts in the domestication of the UNCAC thereby strengthening and consolidating the fight in the country with unprecedented results and outcomes. Let me also convey the warmest greetings from the President, Government, and people of Sierra Leone, the leadership and staff of the Anti - Corruption Commission Sierra Leone (ACC - SL) and all our esteemed partners in the accountability space. Mr. Chair, our pragmatic approach to the fight against corruption, continues to align with the provisions in the UNCAC, the African Union Convention on Preventing and Combating Corruption (AUCPCC), the Ecowas Protocol on Corruption, etc. This year’s Conference we all know, focuses on the implementation of Chapter V (Asset Recovery) which is fundamental to the Convention, requiring States Parties to afford each other the widest measure of cooperation and assistance. I would quickly emphasize that recovery and restitution are at the heart of Sierra Leone’s progressive fight against corruption. Permit me Mr. Chair, to underscore the efforts invested and the progress made so far by Sierra Leone, in the ar- ea of recovery of stolen wealth/assets consistent with A r- The National Integrity House - A Fit - For - Purpose Ultra - Modern Edifice Built For The ACC - SL By The Government And People Of Sierra Leone Presentation of Recovered stolen wealth (Le: 8.4 million) to the media, civil society, and the public by the ACC - SL at the Confer- ence Room of the Integrity House Freetown ticles 51, 53–57, and 59, Chapter V (Asset Recovery) of the UNCAC. The Anti - Corruption Act of 2008 (as amended in 2019) now has the following provisions;  Judges now order mandatory 100% Restitution to the State of any amount adjudged to have been misappropriated in addition to an alternate fine of not less than Le:50,000 ($:2,380) or five years jail per count of corruption, or both. Before now, restitution was not mandatory.  A Non - Prosecution Policy gives direction on how the Non - Prosecution Asset Recovery strategy is implemented.  The ACC now has powers to apply a Non - Prosecution Asset Recovery strategy to compel persons it believes have committed acts of corruption to pay back in full the amount deemed to have been misappropriated plus not less than 10% interest charged on same. This includes over Le:47,000,000 (over $:2.241m) since 2018) including Le:8,837,814 from 2023 to May 2024 , ($:421,460) landed property, office equipment (laptop computers), vehicles, motorbikes, etc. This includes a whooping Le:8,400,000 ($:400,000) recovered from 2 (Two) Government officials early this year (24 th January, 2024). These two individuals have been barred from holding public office for a minimum of three years as provided by the law . Chapter II of the UNCAC ; Preventive Anti - Corruption Policies Mr. Chair, let me also update you and the august assem- bly on the efforts made in the area of ‘’Preventive Contd. on Pg 3

3. Page 3 Anti - Corruption Policies’’ as provided for in Chapter II of the UNCAC . The UNCAC encourages States to develop and implement comprehensive anti - corruption policies, establish independent anti - corruption bodies, adopt codes of conduct for public officials and institutions, institute merit - based hiring, transparent financial management, transparent and competitive public procurement systems, public reporting of corruption and unhindered access to information, active participation of civil society and non - governmental/community - based organizations in anti - corruption efforts among others.  A sentencing guideline for Judges at the Special Anti - Corruption Division of the High Court of Sierra Leone has been developed to prevent unfair application of justice - which by extension could be interpreted as a corrupt act.  The 5 th Generation of the National Anti - Corruption Strategy (NACS)2024 - 2028 has been crafted through a nationwide and all - sector inclusive consultative process by a panel of well - experienced and qualified local experts. The document shall be Sierra Leone's roadmap in the fight against corruption for the next five years.  A Non - Prosecution Policy which gives Direction and Guide to ACC Prosecutors on how and why to proceed with either an indictment in Court or the Non - Prosecution Asset Recov- ery strategy is in force and vigorously applied.  Through the Commission’s Corruption Prevention Department which conducts thematic and comprehensive reviews of systems and processes of MDAs, has recommended best practices to be rolled out to 21 Ministries, Departments and Agencies (MDAs), monitored their compliance to the recommendations, and has Certified and Publicly acknowledged Compliant MDAs, whilst Sanctions through the imposition of fines and other administrative punishments have been meted out to the leaderships of the Non - compliant MDAs.  The Policy, Ethics and Integrity Unit in the Corruption Pre- vention Department of the Commission has organized and held capacity building and training programs in Ethics and Integrity issues for MDAs.  Integrity Pledges and Pacts are being signed by contractors/service providers and Top Executives of MDAs in the bid to discharging their responsibilities transparently and with high integrity.  Additionally, the forging of good relationship through the signing of a Memorandum of Understanding (MoU) by the ACC, with independent regulatory institutions, like the Audit Service Sierra Leone, the National Public Procurement Au- thority (NPPA), and the Independent Procurement Review Panel (IPRP) with extensive powers to regulate and sanitize the procurement space and ad- dress procurement - related complaints and irregularities, has given ACC a wide range of powers to investigate pro- curement corruption - related issues, including a new offence (Procurement not in Public Interest), introduced with the amendment of the AC Act of 2008 in 2019.  The Commission can now work with the NPPA to cancel and put on hold the implementation of any procurement that it has reason to believe is not in the public/nation’s interest. The key element is the existence of a reasonable ground for suspi- cious corruption in the contract.  Remarkably also, Sierra Leone through the Com- mission has ensured a compulsory 100% online asset disclosure and management for all public officers in Grade 7 and above and or at decision making and fiduciary positions. Out of 10,376 de- clarants expected in the 2022 declaration year which went up to 2023 due to ex- tensions as a result of technical challenges with the online portal, 9,866 declarations were re- ceived representing 95% and 510 representing 5% were defaulters. However, when the Commission invoked sub - section 4 of Section 119 (administrative sanctions for defaulters) over 400 public officers (the defaulters) declared in 2023. Some who failed to, faced the required Administrative Sanctions.  In regard collaboration partnership with civil society bodies and other stakeholders in the fight against corruption as they are critical, the Com- mission has forged formal partnerships and signed Memoranda of Understanding with 104 partners. And these partners continue to support the ACC in its advocacy and outreach sensitization activities Chapter III: Criminalization and Law Enforcement Mr. Chair, let me also report that the ACC has continued to revolutionize the fight against corruption in addressing the requirements of Chapters III above and I of the UNCAC. In addition to the progressive Anti - Corruption Regulatory framework that we have, (the Anti - Corruption Act of 2000), which has gone through two amendments in 2008 and 2019, we also have the Financial Intelligence Agency (FIA), established with a broader jurisdiction over financial fraud, money laundering, Contd from Pg 2 Contd. on Pg 4

4. Page 4 Contd from Pg 1 Director of Public Education and External Outreach Department, ACC, Patrick San di, in his remarks as Chairman of the ceremony, said the partnership between the two institutions will lead to achieving one goal, which is to ensure that there is transparency in t he implementation of the PSSNYE. According to the MoU, the roles and responsibilities of the ACC is to coordinate th e Grievance Redress Mechanism (GRM) which will allow the receipt and recording of all complaints relating to issues of corruption in the project. This will be handled by the district and community monitors who have been recruited and deployed by the ACC to facilitate the GRM of the project. The Productive Social Safety Net and Youth Employment is a poverty alleviation Sche me by World Bank through the Government of Si erra Leone, to provide cash transfers to extremely poor households and other youth led activities aimed at creating jobs. The signing of the MoU by the Deputy Commissioner ACC, Augustine Fo day Ngobie and the Deputy Commissioner NaCSA, Jimmy Batilo Songa, climaxed the event. By: Amie Massaquoi, Information Officer, ACC terrorist financing, etc, and the ACC having a formal collaborative relationship (MoU) with it (FIA), with a strong legal machinery in these areas as well - “ Anti - Money Launder- ing and Combating Financing of Terrorism Act of 2012 as amended in 2019, the National Payment Systems Act of 2022, etc.’’ Sierra Leone’s Anti - Corruption law also criminalizes attempts to obstruct our work/justice as such could trigger offences like; “ Section 127 Obstruction of justice, Misleading the Com- mission’’, etc. Further measures have been put in place to protect Witnesses and Whistleblowers, and an Informant/ Whistle ,blower Reward Scheme. Chapter IV: International Cooperation The provisions of this Chapter are critical to the success of our collective ongoing efforts to tackle the scourge of corruption. Part VII, Sections 103 to 118 of the Anti - Corruption Act of 2008 as amended, gives clear instruction on the critical concept of ‘’Mutual Legal Assistance’’ in the fight against corruption. The Act prohibits any interference with ‘ ’Mutual Assistance Orders’ and facilitates the extradition of individuals accused of corruption - related offenses. Chapter VI: Technical Assistance and Information Exchange Worthy of note is that, this chapter encourages the provision of technical assistance to developing countries and economies in transition, in training programs and research on anti - corruption measures and the exchange of relevant information and best practices among states parties in the fight against corruption. Mr. Chair, I believe that the collective implementation of Chapters IV ( International Cooperation ) and VI Technical Assistance and Information Exchange of the UNCAC remains fundamental to the global fight against corruption as their relevance cannot be overemphasized. Support in these areas are truly needed, and over the years much has not been achieved especially for developing economies like Sierra Leo- ne. Challenges and Areas for Improvement Economic and Resource Constraints : Despite progress, the ACC - SL and other anti - corruption bodies often face economic and resource constraints, including access to modern techniques/tools/equipment need- ed for sophisticated and forensic Contd from Pg 3 investigations, thereby limiting their capacity to implement their mandates fully. Judicial Independence : While the ACC - SL has had significant successes in prosecutions and enjoyed a better - quality relationship with the Judiciary, leading to the establishment of a Special Anti - Corruption Division within the High Court of Sierra Leone and several oth- er policy reforms, the Judiciary's practical independence and efficiency in handling corruption related matters with speed, accuracy, and fairness , remain critical to the crusade. Ensuring a fully independent and well - resourced Judiciary is critical for sustaining anti - corruption efforts. Political Will : Sustained Political Will is essential for the long - term success of anti - corruption measures. In Sierra Leone, we have in recent years experienced unparalell and unmatched Presidential Will, embodied by the support the Government of President Bio has provided to the ACC, with the 100% funding of the construction of an ultra - modern, purpose - built multi - million dollar edifice for the Commission; budgetary allocations, and a free hand to do the job. This Will makes anti - corruption bodies to operate with- out political interference and so record unimaginable gains in the fight against corruption. Political will in this context is not only the Will of the Government in pow- er, but equally that of all opposition parties. Therefore, as an institution we desire 100% political will in this fight as this remains critical. Comprehensive Legal Reforms : While significant legislative measures have been taken, there is a need for continuous legal reforms to address emerging challenges and align with international best practices. It is also an ongoing process in Sierra Leone. I thank you all for your attention.

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