Access to Justice for 500 Women in Sierra Leone

Diana Foday (not real name) was arrested and charged with the offence of Wounding and Assault Occasioning Actual Bodily Harm (OABH), following a domestic dispute involving her sister-in-law

Client has been in a relationship with her boyfriend, for over nine (9) years, and they all reside in the same household. The complainant Fatu is the younger sister of Diana’s boyfriend.

One day, a misunderstanding arose within the household. A heated argument broke out between the complainant and her brother. During the altercation, the brother physically assaulted her after she allegedly insulted him.

In retaliation, complainant directed her anger at the client’s three years old child. This action provoked client and she confronted complainant leading to a fight between the two women. Subsequently, the complainant reported the matter to the police, resulting in the arrest of client on allegations of wounding and assault. Later, fearing the implications of the situation-particularly because the complainant was pregnant, client fled to her uncle’s residence, where she remained until her eventual arrest by the police. After some days at the police, she was charged to court and placed in remand at the female correctional centre.

During the court proceedings it was realized that the dispute was fundamentally a domestic and family related conflict therefore, mediation efforts was initiated between the parties. The magistrate was informed about the findings and he approved to ensure that the matter was handled in a manner that promoted justice while also considering the family dynamics involved.

Through mediation and negotiation, both parties reached a mutual understanding. The complainant accepted to discontinue the matter and reconciled with the detainee.

The complainant informed the court that she did not wish to proceed with the matter in court, leading to the case being discharged for want of prosecution. This outcome was largely influenced by the successful mediation process, which de-escalated tensions and restored some level of harmony within the family.

This case highlights the importance of Alternative Dispute Resolution (ADR) mechanisms, particularly in family related matters. AdvocAid’s intervention contributed significantly to achieving a peaceful resolution without prolonged litigation and incarceration.

The case underscores the value accessing timely legal intervention. Through mediation we are able to promote restorative justice, protecting vulnerable parties (especially women with children), and reducing the burden on the formal justice system.

In Sierra Leone the presumption of innocence is a constitutional right- yet for many vulnerable women, this principle often exists only on paper.  Without legal representation, countless women face over-detention, unfair sentencing and violations of their basic human rights.

Mariama Tarawallie ** is a 36 years old mother of two and a business woman. She operates a modest kiosk selling female wares often supplied by colleagues on credit. 

On one occasion, her business partner supplied her with female clothing costing Fifty-Five Thousand Leones (Nle55,000). She in turn supplied her other customers with some quantity of the said clothing to do retail sales. 

Few months later, she paid the deposit of Twenty-eight thousand Leones (Nle28,000) to her supplier and promised to pay the balance amount of Twenty-seven thousand Leones (Nle27,000) after her customers she had supplied would have paid her.

When failed to to pay the outstanding balance as promised, the supplier reported her Mariama for fraudulent conversion.  She was arrested, detained and brought before the court at Ross Road Magistrate court, despite the fact that she had pleaded with the complainant to accord her time to collect monies from those she had supplied, as well as to retrieve the unsold wares.

When AdvocAid Paralegal assigned to Western-Rural location met Mariama in court, she was visibly distressed and financially unable to hire a lawyer. She had already made two appearances in court without legal representation and only the complainant testifying, but was denied bail.  She spent two weeks on remand at the Freetown female correctional centre though her charge was bailable and she was suffering from stress and trauma.

Recognising her vulnerability, AdvocAid’s Duty Counsel who was present in court during one of her appearances was informed about her case and the duty counsel immediately took up her case, requested for her bail and the application was granted by the magistrate which gave Mariama the opportunity to be reunited with her family and to reach out to those she had supplied with the wares for payment.

Through AdvocAid’s intervention, the complainant agreed to a settlement proposal, a payment plan was drawn to which Mariama signed an undertaking to pay the sum of Three thousand leones (Nle3,000) monthly spread over the period until the outstanding amount of Nle27,000 is paid. 

But for this timely intervention by AdvocAid, Mariama would have remained behind bars for months. This is a critical intervention that AdvocAid has continued to provide for women like Mariama whose offense is not criminal but subjects her to experiencing incarceration, an unfair justice that criminalizes debt related cases which otherwise only requires alternative dispute resolution that can lead to a win-win situation. Her continuous stay behind bars could have damaged her mental health, livelihood, dignity and the welfare of her family.

AdvocAid is committed to ensuring that marginalized women like Mariama are not lost in the cracks of the justice system.  Through legal representation, Advocacy for legal reform and awareness of legal rights, we challenge unfair detentions and work towards a more just Sierra Leone.

Mariama’s story is not unique- but with continued support, we can make sure it becomes less common.

Mariama*** Not her real name