In 2008, Sierra Leone passed the Anti-Corruption Act, a comprehensive and robust piece of legislation that fundamentally transformed the nation’s fight against corruption. Repealing and replacing the previous 2000 Act, this law established a powerful and independent Anti-Corruption Commission (ACC) and, crucially, granted it the authority to not only investigate but also prosecute offences, a power it previously lacked.
The Act serves as the principal legal framework for tackling graft in all its forms, aligning Sierra Leone with international standards like the UN Convention Against Corruption. Here’s a breakdown of its most critical components.
An Independent and Empowered Commission
The cornerstone of the Act is the establishment of the Anti-Corruption Commission (ACC) as a fully independent body corporate. Headed by a Commissioner and Deputy Commissioner appointed by the President subject to Parliament’s approval, the ACC is mandated to “take all steps as may be necessary for the prevention, eradication or suppression of corruption.”
Unlike its predecessor, this Act ensures the Commission (under Section 9) acts independently and is not “subject to the direction or control of any person or authority.”
What Is Corruption? The Act Defines the Offences
A major strength of the 2008 Act is its broad definition of corrupt practices. It moves far beyond simple bribery to criminalize a wide spectrum of illicit activities. Key offences under Part IV of the Act include:
- Possession of Unexplained Wealth (Section 27): Criminalizes a public officer or any individual who maintains a standard of living disproportionate to their known income or is in control of assets they cannot satisfactorily explain.
- Corrupt Acquisition of Wealth (Section 26): Makes it an offence for a public officer to be in possession of resources suspected of being acquired corruptly.
- Bribery and Advantage (Sections 28, 34): Covers the offering, soliciting, or accepting of any “advantage” (a term broadly defined to include gifts, loans, fees, and favours) to influence a public officer’s decision.
- Misappropriation of Public or Donor Funds (Sections 36, 37): Directly targets the theft or willful mismanagement of government revenue or funds donated for the benefit of Sierra Leone.
- Abuse of Office and Position (Sections 42, 43): Makes it illegal for a public officer to use their office to improperly confer an advantage on themselves or another person.
- Conflict of Interest (Section 45): Requires public officers to disclose any private interest in a matter their public body is dealing with and recuse themselves from the decision-making process.
- Bid Rigging (Section 32): Outlaws collusion and corruption in the public procurement and tendering process.
Sharp Teeth: Unprecedented Powers to Investigate and Prosecute
The 2008 Act equips the ACC with formidable powers to conduct its work, ensuring it can effectively investigate complex and secretive crimes. Part V of the Act grants the Commission powers similar to those of the High Court, including the ability to:
- Summon Witnesses and Compel Evidence: The ACC can force individuals and heads of public bodies to provide information, documents, and statements, overriding any secrecy oaths (Section 53, 56).
- Search and Seizure: With a warrant, investigating officers can enter and search any premises (including residential properties) and seize any evidence of corruption (Section 71).
- Arrest and Detain: The ACC has the power to arrest suspects without a warrant if they are reasonably suspected of committing an offence (Section 66).
- Restrict Assets: The Commission can issue restriction notices to “freeze” a suspect’s property or bank accounts, preventing them from disposing of assets during an investigation (Section 59).
- Surrender Travel Documents: The ACC can require a person under investigation to surrender their passport to prevent them from fleeing the country (Section 63).
Most importantly, Part VI of the Act empowers the Commissioner to directly prosecute all offences under the Act in the High Court, giving the institution the autonomy to see its cases through from investigation to trial.
A New Standard for Public Integrity: Asset Declarations
One of the Act’s most significant preventative measures is the mandatory asset declaration regime established in Part VIII. This section requires every public officer—from elected officials to civil servants—to:
- Declare all assets, income, and liabilities for themselves, their spouse, and their children under 21.
- Submit this declaration within three months of taking office.
- File updated declarations annually, no later than March 31st.
- File a final declaration upon leaving office.
Failure to declare, filing a false declaration, or failing to provide a satisfactory explanation for new assets is a criminal offence (Section 122). This system provides a baseline for the ACC to identify and investigate “unexplained wealth.”
Other Key Provisions
The Act also institutes several other critical measures:
- International Cooperation (Part VII): Provides a legal basis for mutual assistance with foreign states to trace, freeze, and forfeit the proceeds of corruption hidden abroad.
- Protection for Informers (Section 81): Guarantees the secrecy of an informer’s identity and protects them from civil or criminal liability.
- Suspension from Office (Sections 134, 135): Mandates that any public officer charged with corruption be suspended at half-pay, and any officer convicted be suspended without pay and ultimately dismissed if the conviction is upheld.
By providing a clear definition of corruption and granting the ACC the independence, powers, and prosecutorial authority to fight it, the Anti-Corruption Act of 2008 remains the foundational legal weapon in Sierra Leone’s battle for transparency and good governance.