There was a sigh of relief at the Legal Aid Board head office in Freetown on Wednesday, April 6, 2022, as its client Mrs. Nasratu Conteh regained possession of her matrimonial property at 8 Campbell Lane at Rokel after the eviction of her husband’s girlfriend and relatives by bailiffs.
The eviction had been fraught with delays. The fact that the seven days deadline for the eviction ordered by Justice Alusine Sesay JSC had elapsed had added to the anxiety.
The eviction was not done on Saturday, April 2, because the police were said to have a fitness march or parade. As pressure continues to mount, the Executive Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles met with the Inspector General of Police (IG) Sovula on Monday, April 4 to discuss security for the eviction. The matter was referred to the Ross Road Police Station. The Assistant Inspector General of Police at the station was instructed to provide police officers for the eviction scheduled for the next day on Tuesday, April 5 2022. This was not to be as the eviction was again postponed because the IG was reportedly bereaved.
However, on Wednesday, April 6, 2022 bailiffs acting on an Order by Honorable Justice Alusine Sesay JSC in respect of a Judicial Review, carried out the eviction in the company of police officers from the Ross Road Police Station in Freetown on Wednesday, 6 April 2022. The Bailiffs and police officers received a warmed reception from the neighbors and passers-by who were in sympathy with Mrs. Conteh. A retired police officer who witnessed the scene, ASP Kargbo welcomed the eviction, noting that an injustice has been corrected.
Ms. Carlton-Hanciles who had been in constant touch with the bailiffs by phone had this to say following the completion of the exercise: ‘There were no insults, threats or resistance from anybody. Our client was overwhelmed by emotions as she kept crying throughout the exercise, but most importantly she is relieved that justice has been served. I spoke to her; I am happy she sounded relieved as though a heavy load has been removed from her head.’
The Legal Aid Board had had nervous moments prior to the execution of the Order. The staff at the head office were gripped by panic on Thursday, March 13, 2022 when Ms. Conteh had a nervous breakdown at the head office when news filtered in that her husband’s lawyers were sighted at the Law Court Building making frantic efforts to file an application for a stay of execution.
While trying to figure out where to find expert help for Ms. Conteh, Ms. Carlton-Hanciles spent time on the phone contacting judges to keep them abreast with what was happening and allegations making the rounds that the client’s husband in Australia is desperate to use money to secure a stay of execution.
She also called the under-sheriff, Fata Gabissi to discuss challenges confronting executing the Order and how the Board could help, since the seven-day deadline for the execution of the Order had elapsed.
Ms. Carlton-Hanciles also called the Inspector General of Police, Dr Ambrose Sovula on Thursday 31, March 2022 to discuss security for the bailiffs who were to carry out the execution. This has been in large part responsible for the delay in the execution of the order.
It will be recalled that Mrs. Conteh had been evicted from her matrimonial property nearly two months ago after the Magistrate at the Waterloo Magistrate Court, Magistrate Abu Bakar Bangura gave judgment in favour of her husband Mr. Sidique Conteh in respect of summary ejectment matter. The husband had been so desperate to kick his wife out of their matrimonial property that he had his lawyers present a fake divorce certificate in court.
Following an application for Judicial Review of the matter by the Legal Aid Board, the judgement was set aside by Honorable Justice Alusine Sesay on the grounds that Magistrate Abu Bakar Bangura had no jurisdiction to determine title deed, but rather should have considered purely the issues of landlord and tenant relationship under Cap 49 of the laws of Sierra Leone 1960.
The outcome of the Judicial Review has been welcomed by leading human rights defenders around the country including Ms. Jasmine Jusu-Sheriff of the Mano River Union Women’s Network (MAWOPNET), Ms. Gloria Bayoh Director of Women and Children’s Affairs at the Human Rights Commission of Sierra Leone and the Commissioner, Human Rights Commission of Sierra Leone, Ms. Simitie Lavaly who had this to say: ‘Great outcome for the client. The full judgment needs to be shared widely so it can be used as a precedent.’
Meanwhile, women who have been victims of this miscarriage of justice have been visiting our offices around the country for legal advice with a view to having the Legal Aid Board file application for a judicial review of their matters.
The Legal Aid Counsel responsible for civil matters, Cyril Taylor-Young will, in the coming days, file an application for a judicial review of a matter involving the summary ejection of our client. The client was evicted from her matrimonial property by her sister-in-law following the death of her husband. The Magistrate had given judgement in favour of our client’s sister-in-law on the grounds that the client is a tenant.
‘I will be approaching the Government to give us money to contract five lawyers from the Sierra Leone Bar Association (SLBA) to handle the increasing number of complaints from women around the country,’ Ms. Carlton-Hanciles said. ‘Now that a precedent has been set, we will be filing application for judicial review of all such matters around the country,’ she added.