Supreme Court Verdict Against Lands Minister: A Warning Shot & A legs To Stand on By Alpha Conteh
The recent judgement delivered by the Supreme Court of Sierra Leone over the forceful removal of land from Private Citizens by the Ministry of Lands, has been considered as a good precedent that could restore more confidence in the Judiciary as an entity where justice is served.
The verdict relies on Section 21 of the 1991 Constitution which guarantees the protection of private property, stating that “private citizens cannot be forcibly removed from their land as section 21 of the 1991 Constitution guarantee the protection of private property.
This by any implication is applicable in Alpha Conteh case whose private land had forcefully been confiscated by the Minister of Lands under the lands reclamation tactics.
Giving the judgment in the case of the Plaintiffs Theophilus Pratt and Hawanatu Pratt vs the Defendants Dr Turad Senessie, Minister of Lands, the Director of Surveys, Abdul Rahman Sesay, Adonis Bull, Sento Kamara and the Attorney General and Minister of Justice, the Presiding Judge, Hon Justice Glenna Thompson (JSC) stated that the signature of the Director of Surveys on a survey plan is not merely perfunctory. It is a crucial step that indicates that the land is not a state land.
The court held that it should be abundantly clear that private property cannot be forcibly removed from its rightful owners for any reason, except as provided for in the constitution and in accordance with the procedures set out in law.
“The State, or those acting on its behalf, must not, cannot, and should not arbitrarily enter into any private property claiming ownership where the private person has valid deeds supported by a survey plan signed by the Director of Surveys.”
The court has now set out the criteria for damages for breach of fundamental rights guaranteed by the Constitution and went on to award damages for trespass and damages for breach of section 21 of the Constitution against the 1st Defendant, Dr Turad Senessie, the Minister of Lands. Other members of the Supreme Court panel were, Hon. Justice A. B. Halloway (JSC), Hon. Justice Alusine Sesay (JSC), Hon. Justice Abdulai Bangura (JSC), Honourable Justice R. S. Fynn JA.
