Home News Lawyers want rule of law upheld in drug crackdown

Lawyers want rule of law upheld in drug crackdown

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Lawyers want rule of law upheld in drug crackdown
Lawyers want rule of law upheld in drug crackdown Image Credit Sierra Loaded

The Lawyers’ Society of Sierra Leone this week urged authorities to respect the law fully while carrying out the national campaign against drug abuse and trafficking. The call came after a new “Practice Direction” issued by the judiciary stirred concern over legal procedure.

The Society said it supports the fight against drugs. “We welcome the robust national campaign against the drug epidemic that continues to devastate our communities,” the group said. However, it stressed that the campaign must always respect constitutional and statutory laws.

What the Society is worried about

On 1 December 2025, the Chief Justice issued a Practice Direction ordering that all drug-related cases be handled by the High Court. But the Lawyers’ Society said this Direction lacks a clear legal basis under the existing law — the National Drug Control Act 2008. Under that law, it is the Minister of Internal Affairs — not the courts — who has the power to make regulations via statutory instruments.

The Society pointed out that the Act itself allows, in some cases, for summary trials (i.e. faster, lower-court hearings) under certain provisions (Sections 7(d) and (e), 8, 9, 10, and 89). A Practice Direction — no matter how well-intented — cannot override an Act passed by Parliament. For that reason, the Society argues the new Direction may be unconstitutional.

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They also raised concern over bail conditions under the new Direction. The directive appears to rely on a part of the Criminal Procedure Act 2024 that could render many drug offences non-bailable. The Society warned that without bail, the courts would lose flexibility to judge each case fairly based on evidence and circumstances.

Furthermore, the group cautioned against “predetermined sentencing requirements,” which the Direction seems to encourage. The Society insisted judges must keep the power to examine evidence and apply penalties appropriately — not be forced to follow a fixed sentencing schedule. Imposing fixed sentences for all cases, they argued, risks undermining individual justice and fair trial guarantees.

Why this matters

The Lawyers’ Society said the rule of law is the “bedrock of our democracy.” While they back strong action against drugs, they said justice must still follow constitutional rules and fair-trial standards.

They warned that bypassing statutory procedure — even in the name of fighting crime — could erode public trust in the justice system. “Mandating judges to impose sentences of a predetermined length encroaches upon the bench’s essential discretion and risks prejudicing the rights of the accused,” the Society said.

What lawyers Society wants

  • Review and reform the current Practice Direction so it aligns with existing laws.
  • Ensure the right to bail and fair trial protections remain intact, even for accused drug-offenders.
  • Allow judicial officers discretion in sentencing — so punishment matches evidence and case gravity, not a blanket rule.
  • Provide more resources so the courts can handle drug cases quickly, without compromising justice or legal standards.

The Lawyers’ Society said its members are ready to work with the judiciary, law-enforcement agencies, and government to strengthen the rule of law while helping fight the drug problem.

Recent nationwide actions by the Sierra Leone Police highlight the urgency of the drug problem. In late October 2025, police said they arrested 130 suspects across the country and seized large amounts of narcotics in a broad crackdown. Sierraloaded+1

The government has made it clear: drug trafficking and abuse are national threats. Many Sierra Leoneans and communities have called for firm action. But the Lawyers’ Society is cautioning that even in tackling drugs, the state must not ignore due process.

The fight against drugs in Sierra Leone is real and necessary. The Lawyers’ Society welcomes this fight. But it warns that any campaign — however important — must be rooted in the law. When justice is done properly, society wins twice: by removing dangerous drugs and preserving the rights that keep our democracy strong.