Over Andrew Kaikai Corruption Case… All Eyes on ACC To do Justice To the Investigation 

By Kelvin Jay

SierraLeoneans are patiently waiting to see what will be the outcome of the ACC’s investigation against Andrew Jaiah Kaikai who received three expensive vehicles as gifts while serving as Chief Immigration officer.

Although some are holding a firm conviction that this ACC’s investigation will be another “buff case” especially when Andrew Kaikai is a fervent believer of the SLPP and is claiming that he declared all the vehicles in his assets declaration form on August 7, 2023 and if it true that such were inconsistent with what being documented in the ACC’s Register which is criminal, then, why did Parliament approved him as the New Director General of the National Drug Law Enforcement Agency?

But others are holding on a contrary view stating that there is time for everything under the sun and described the offence as grave that would be difficult to defend and let him to go scot free.

While other school of thoughts are banking on the sincerity displayed by Andrew Kaikai and the genuity of the gifts, but failed to give substantial reasons to correlate the genuity of the gifts.

Supporters of Andrew Jaiah Kaikai were holding on to the notion that the gifts are genuine and can be proven beyond any reasonable doubts, forgetting to note that there is an extant provision in the ACC Act which states that: “Where a gift or personal benefit exceeds five Million Old Leones in value or where the total value received directly or indirectly from one source in any twelve month period exceeds five Million Leone, the public officer shall make a report of that fact to the relevant public body within such time and in such from as may be prescribed by the Commission”.

GIFT CONTRARY TO SECTION 51 OF THE ANTI-CORRUPTION ACT 2008 (AS AMENDED IN 2019)

In tandem with the provision cited, the liability for any public officer who receives or solicits a gifts clearly states that that public officer if prosecuted and found guilty “shall be liable on conviction to a fine five times the value of the gift or benefit or fifty million Leones whichever is greater or to imprisonment for a term not less than one year or both such fine and imprisonment.” However, the Act is mindful of the threshold and to this end stipulates that only gift above NLE. 5,000 (Five Thousand New Leones) or LE. 5,00,000 (Five Million Old Leones) pursuant to Section 5 (4) must either be reported to the relevant authority or be included in the declaration form of the said recipient.

As the arguments unfold, it is clear that Andrew Kaikai did not follow due process of the law which created the alarm by the Chairman of the Committee on appointments, Mathew Nyuma, who busted out the secret and instructed him to make a proper disclosure of the gifts in the ACC declaration of assets form.

Before instructing him to do the needful, Mathew Nyuma, described the gifts as too huge.

Whether due diligence was done after or not is yet to be made public, but that statement of Mathew Nyuma has created the impression that something fishy has been identified in the declaration of assets form of Andrew Kaikai.

Sampling the opinion of a seasoned Civil Society Activist over the recent saga, he opined that that huge gifts costing thousands of dollars has opened Pandora’s box for more questions that need to be answered by the accused:

“What is the motive behind the gifts? Did Andrew Kaikai has any business relationship with his friend at the time of receiving the gifts? What’s the last conversation transpired between Andrew and his friend before dashing him the gifts? Was the gifts given to him in celebration of his birthday? If No, What is the purpose of the gifts?. Did Andrew make a declaration of the gifts in line with the ACC Act? If yes, when did he receive the gifts and when did he make the declaration?

Did Andrew aware that the gifts were huge? If yes, what was his reaction before receiving it?

However, in order for ACC to save its integrity, they should be able to display impartiality in the investigation by searching for the truth and bring out findings that should not cast shadow of doubts.