The Right to Access Information Commission (RAIC) has secured a landmark legal victory against the Bank of Sierra Leone following a protracted legal battle over the Bank’s failure to comply with its obligations under the Right to Access Information Act, 2013.
The case began on 30th December 2019, when journalist Martha Kargbo submitted a Freedom of Information (FOI) request to the Bank of Sierra Leone. She sought detailed information relating to the country’s foreign exchange history. In response, on 7th January 2020, the Bank directed her to its website, claiming the information was publicly available there.
After failing to locate the information as directed, Ms. Kargbo informed the Bank via a follow-up letter dated 13th January 2020. However, she received no further response. Consequently, a formal complaint was lodged with the RAIC on 30th March 2020.
Upon investigating the matter, the Commission found that the information was not readily accessible through the Bank’s website. Despite its intervention, the Bank failed to provide the requested information. As a result, RAIC issued an Order on 17th December 2020, citing the Bank for non-compliance and imposing a fine of Le 70,000,000.
Challenging this decision, the Bank filed an Originating Notice of Motion on 10th February 2021, seeking, among other things:
- A declaration that it had complied with Sections 2 and 3 of the Right to Access Information Act, 2013;
- An order to quash the Commission’s Order and fine.
After careful deliberation, the High Court delivered its ruling, upholding RAIC’s authority and actions. Key highlights of the judgment include:
- The Court refused to quash the Commission’s Order and affirmed the Bank’s non-compliance with the Act;
- The Court denied the Bank’s claim that it had met its legal obligations under the FOI law;
- While the Court reduced the fine from Le 70,000,000 to NLe 40,000, it rejected the Bank’s attempt to nullify the penalty;
- The injunction sought to restrain enforcement of the fine was also refused.
This decision is a significant affirmation of the Commission’s role in ensuring transparency and accountability from public authorities in Sierra Leone.
RAIC’s Chairman and Information Commissioner Dr. Ibrahim Seaga Shaw stated,
“This ruling sends a clear message that public institutions must take their legal obligations seriously under the Right to Access Information Act. It is a victory for transparency, press freedom, and the rule of law in Sierra Leone.”
The RAIC appreciates the work of the Judiciary in enhancing the compliance to the RAI law and urges all Public Authorities to comply with its obligations in the RAI Act of 2013.
For further information, please contact:
David Patrick Kamara,
Manager, Public Information & Communications (RAIC)
+232 78407847
