Freetown, Sierra Leone — Justice Allan B Halloway has today, 25th September 2025, addressed a letter to judicial authorities, denouncing his recent suspension and the withholding of his salary, describing it as unconstitutional, unlawful and a direct threat to judicial independence.
Justice Halloway, who was suspended following a letter dated September 15, 2025, from the Secretary to the President, argues that the action violates the 1991 Constitution of Sierra Leone, which outlines a strict procedure for disciplining judges. “A tribunal must first be appointed before any suspension can lawfully be effected,” he wrote, citing Sections 137(5) and 137(6) of the Constitution. “This essential precondition remains unfulfilled.”
The judge further contends that the Judicial and Legal Service Commission (JLSC), chaired by the Chief Justice, acted beyond its constitutional powers by ordering his interdiction (temporarily suspended from work). He questions whether the decision was made by the Commission itself or unilaterally by the Chief Justice, referencing a dissenting letter from fellow Justice Reginald S. Fynn that casts doubt on the legitimacy of the process.
Justice Halloway also rejected the application of Civil Service Code provisions to his case, stating that as a Supreme Court Judge, his office is governed solely by the Constitution. “To apply the Civil Service Code to me is a categorical error of law,” he wrote. “I am not the subject of any criminal investigation nor have I been charged with any offence.”
At the heart of his protest is Section 138(3) of the Constitution, which guarantees that a judge’s salary, allowances, and other conditions of service “shall not be varied to his disadvantage.” Halloway argues that the withholding of his salary constitutes a direct breach of this non-derogable (cannot be taken away, limited, or suspended, under any circumstances) protection and undermines the principle of judicial independence.
He warned that unless the decision is reversed and his salary reinstated, he will pursue all available legal remedies, including seeking prerogative writs from the Superior Courts of Judicature. “This is a breach of the Constitution you are sworn to uphold,” he stated.