Judicial malpractice

An Open request for the Office of His Excellency, the Vice President of Sierra Leone, Chief Sam Sumana II to intercede into a Character-Mutilating Injustice Smudged against a Female Journalist in the Course of a Magisterial Malingering by an Insensitive Police Magistrate at Kenema, Mr. Komba Kamanda.

As investigations on the magisterial malingering perpetrated by Magistrate Kamanda continues, journalists strive to refrain from discussing what went wrong or right during the short-lived marital era between the Paramount Chief of Small Bo Chiefdom, Hon. P.C. Mohamed Dhaffie Benya and a Radio Talk-Show Journalist attached to the United Nations’ Radio in South-Eastern Sierra Leone, Manjia Balema-Samba (Mrs.). Avoiding such discussions at the moment is not based on apprehension but because we want to carefully handle the more troubling issue that seems to have violated the ethicality of a nation’s judicial system. This arrogant dilemma in the nation’s criminal justice system calls for an instantaneous addressability of the mannerism of cagey adjudicators like Magistrate Komba Kamanda. Momentarily, it is very difficult to cast blame on the Hon. Paramount Chief for the allegations made by his former wife. One of the most prevailing facts in Mrs. Balema-Samba’s case is how the judicial malpractices perpetrated by Magistrate Komba Kamanda affected her individuality. In the meantime, no one knows what went wrong or right at close doors between the Hon. Paramount Chief and complainant, except both of them. Unlike the contention against the Kenema Resident Magistrate, Mr. Komba Kamanda for his uncontrollable pettiness in publicly witnessed court hearings. As such, we can’t rush discussing the pros and cons of the Hon. Paramount chief’s previous marriage life with Mrs. Manjia Balema-Samba. The reason for this approach is barely centered on the stereo-type notion of facts-finding mission that pinpoints on the necessity of visiting all key characters in a matter under investigations, while bearing in mind that there are always two sides to any upheaval. Thus, in the case of Mrs. Balema-Samba’s assertions concerning her former husband, we are yet to hear from the paramount chief himself. Although multiple attempts to reach him have failed, nevertheless, we will continue to pursue him so that we can facilitate a conversational interview with him concerning Mrs. Manjia Balema-Samba’s version of their marriage. Like many others, I have not yet heard from the side of the Paramount Chief in question, which renders it precipitating to concoct an opinion analysis based on one side of a secret story. However, Mrs. Balema-Samba’s request for justice continues to attract the attention of gracious citizens, straightforward government officials and practitioners of journalism. The justice system in Sierra Leone has to indict Magistrate Komba Kamanda through the Director of Public Prosecution. It should read: the case between the State of Sierra Leone versus Magistrate Kambo Kamanda in which Mrs. Manjia Balema-Samba ought to be the principal witness. It is a case that has to do with the mishandling or abuse of authority in the criminal justice system by a supposedly law interpreting agent, Magistrate Komba Kamanda. Also, it tends to attest some of the manipulative bullying tactics applied by Magistrate Kamanda in an effort to disrupt one of the nation’s respected traditional courts by filching a pending case from Chiefdom Administration Court to conduct an intimidating prejudicial hearing. Meanwhile, Mrs. Manjia Balema-Samba’s request for justice is a call for an investigation on Magistrate Kamanda’s coercive maneuver that criminally empowered him to bastardize a case that was almost at the threshold of a final decision. As such, one will not hesitate to suggest that Magistrate Kamanda’s hideous domineering approach against Mrs. Balema-Samba was premeditated as the result of extreme dislike and envy. Furthermore, Magistrate Kamanda molested and imprisoned Mrs. Balema-Samba simply to asphyxiate and discomfiture his victim as the result of her profession as a female journalist, her being a Radio Talk Show Hostess, her political affiliation and or that which may be attributed to her.

Nevertheless, it appears shadowy and inexplicable to accentuate whether or not it’s apparent to the general public that being a journalist of any sexual distinctiveness is not supposed to be measured as a crime against devious administrators or bombastic political leaders. Another imperative factor is that the public seems to be rebutting the significance of acknowledging the usefulness of the global community of journalists. Incontrovertibly, journalism is the only profession in sociopolitical organizing and economic development of the political world that is entrenched by practitioners who habitually do not mind to forfeit or surrender their lives in the course of combating inequitable political insanity and corruptive administration. Unlike most professions in this world, journalists always sacrifice their precious family time, energy and resources in fighting against political corruptions, mismanagement of public funds, abuse of power and injustices for no remuneration or political gains. At most times, journalists endure challenging issues in an attempt to protect and defend the rights of the vulnerable population as well as to redirect political, social or economic despair. Contrary to the professionalization of practitioners of journalism that is encapsulated in a non-profit making functionality, there are a few lawyers, if any in this world who can challenge a case without receiving or hoping to receive stipend. In a similar rationalization, lawyers may perhaps take up a case because they hope to submit a claim of financial charges for cost of services intended or rendered. Therefore, I’ll not waver to imply that whenever a lawyer or an organization of lawyers is applauded as an entity that offers free services, it only means that the beneficiaries of their services were or will not be charged directly for the services rendered on their behalf. Rather, all it entails is that there is an agency or there are numerous charitable organizations that receive government subsidies derived from public taxation, which donate money to institutions that provide free services to the vulnerable population or related social institutions.

In a similar development in relation to the bravery of a soldier, something that I also admire at, it depends on a soldier’s ability to use his/her weapon at first to defend him/her self in an effort to defend his/her colleagues or any community in peril. Therefore, a heedful examination on the type of societal professions that tend to bear raucously the burden of bravery in society will divulge that there is no profession comparable to that of journalism or members of the Fourth Estate. This is because journalists have no weapons of self protection, while at work. Apparently, journalists ought to be classified as the leaders of global bravery in a world of violence. It is undeniable that journalists are always at risk, which puts them on the apex level of global bravery if compared to the bravery or heroism talked about in the military and or the police. Meanwhile, the bravery of military combatants and the police suggests that an officer on duty must be able to always support and protect his or her personality through the use of weapons before ever attempting to properly engage in the defense of others or the offensiveness that will possibly stabilize a community in threat. In a similar vein, the bravery of a journalist is determined by the manner in which he or she uses his brain, pen and paper to rigorously pursue or defend what is good for society without fear of political intimidation, torture or imprisonment. However, the income from public taxation pays for all military and police services. Often, government provides subsidies to institutions that offer free services to the public, which indicates that the services said to be free are not free in the sense that tax payers money is paying for such services. Unlike services offered by the law enforcement and the military in Sierra Leone, government does not pay for contributions rendered or offered by journalists whenever defending or pursuing societal issues except if they are government assigned journalists. It is amazing to glimpse at copious responsibilities of journalists and the manner in which they sacrifice their time, energy and knowledge in the direction of making sure that the socioeconomic and political development of a nation is not jeopardized by the few political opportunists or routine scavengers. As a nation, we should start looking at how to advocate for the destructuralization of bureaucracy that purports to dictate democracy, which politicization recycles its political crookedness. If indeed journalists undertake assignments that they are not paid for but put their lives in danger, then society’s immediate step towards cultural advancement and industrialization is to make and respect all necessary laws that are journalism favorable. One way to arrive at such national or global stigmatization of press freedom is to facilitate a forum where a representation of political leaders, journalists, government administrators, the fast growing industrial world and all institutions of learning to unite in order to make legal provisions that will always protect the operational freedom of journalists. Coincidently, journalism has the bravest professionals in the world who are defenseless in any shape of form although they appear to be sacrificing their lives and the lives of their family members in an attempt to fixing any broken society.

Returning to the topic of Police Magistrate Komba Kamanda’s misconduct against a female journalist, it should be clear to the public that any government official who is paid out of public funds and or tax payers’ money should not be allowed to be singling out those they are supposed to be humanizing.

Apart from the known and unknown chapters concerning Mrs. Manjia Balema-Samba’s fading or washed out relationship with the Hon. Paramount Chief, she is a female journalist working for the United Nations Radio in the South-Eastern locations and also the State-owned SLBS Kenema radio whose complaint against Magistrate Kamanda shouldn’t be abandoned or neglected. Seemingly, we all know how some people in authority maneuver power in African politics and how often politicians intervene or interfere into the affairs of their constituents. If that is the case, why can’t we as a transforming nation try to stay away from corruptive measures by doing what is right for our citizens. At times politicians worth a blame for something they did not do. A politician could be blamed for tolerating hideous state of affairs to be happening in his/her community that s/he could have prevented but neglected. The second face of Mrs. Manjia Balema-Samba reads, “the state of Sierra Leone versus Magistrate Komba Kamanda”, while the complainant will serve as a witness for the government. Seemingly, Magistrate Komba Kamanda was very fluky in abusing the magisterial powers vested in him. It appears as if government authorities, in particular, administrators in the judicial system are yet unprepared to officially interrogate Mr. Kamanda’s alleged criminality against Mrs. Manjia Balema-Samba. If he remains unbridled, it will disastrously become a departmental negligibility intended to endorse Magistrate Kamanda’s portentousness.  According to sources from the SLBS Radio Station at Kenema, Mrs. Balema-Samba hosts a popular Live-Phone-In Radio Program on Sundays in the Eastern Province with focus on informing, educating and entertaining the program’s targeted populations at Kenema, Kailahun and Kono. However, reliable family sources close to onetime Mr.& Mrs. Balema-Samba uncovered that Ms. Manjia joined hands simultaneously with Mr. Balema Samba sometime in 2006 and tied the pip that since empowered them to be living like husband and wife. Thus, she became Mrs. Manjia Balema-Samba according to her story. In the meantime, I am not here to wrangle with her marriage story. Rather, among others, I am medially rallying the citizenry in support of her request for justice by exposing Magistrate Komba Kamanda’s mess against her, which magisterial scruffiness victimized the victim. The perpetration of an unfair treatment of a victim by a court or police Magistrate in any judicial settings is also known as ‘double jeopardy’ in a permissible lingo. Nonetheless, most of the only authorities who can help bring justice to Mrs. Balema-Samba are members of the supervisory board in the judiciary or the immediate supervisors of Magistrate Kamanda. Any political system of a nation can conduct an investigation on allegations against court authorities if the departmental head and Board of Directors of such entity attempt to snub or neglect public hullabaloo like in the allegations against Magistrate Kamanda. For transparency while discussing this heartbreaking issue,  it’s good to be clear that Mr. Balema Samba is the same person as the current Paramount Chief of Small Bo Chiefdom, Hon. P.C. Mohamed Dhaffie Benya now residing in the Chiefdom Headquarters, Blama as highlighted by his onetime intimate partner.

Apparently, a range of intensions for sporadically publicizing the series of ill-fated victimization of a colleague journalist has nothing to do with whether or not Hon. P.C. Mohamed Dhaffle Benya is blameworthy on the grounds that seem to have triggered the brawl between his outgoing spouse versus his incoming intimate partner. Besides, I am not questioning the conceptualization of his being a very powerful public figure in the APC administration now representing Kenema District in the Sierra Leone House of Parliamentary Representatives. Neither am I pursuing the story to defame his projected political powerfulness that has been symbolized as a crowd-puller that will assuredly continue to generate reassurance of grabbing more APC support in Eastern Kenema. Nor, in any attempt, am I to mischaracterize his allegedly needed support by many other APC politicians in order to exonerate his presupposed guilt from being questioned for suspected tomfoolery. Rather, it is difficult to depict the nuptial performances of the Hon. Paramount chief in any profile either to support or rebuff information regarding his alleged married and separation with the victim at the moment.

Unequivocally, my interpretation in relation to marriage is that, marriage bond is reminiscent of an employment contract. Contracted or casually hired individuals get paid well if they work well, which reciprocity influences the renewability of a given contract, if so desired. Similarly, the services of a contractor or an individual could be terminated from continuation of work if an individual’s job performances are pathetic and uncompromisingly frail. On one stream of institutionalized or individualized functionality, contractual job fair intended to guarantee sustainable uptrend profitability through qualitative and quantitative services or production could be renewed if the contract terms are well observed. Its renewability depends on the projections of consistent gesturing of potential prosperity in an attempt to wooingly hypnotize an organizational wax of practicable industriousness as a cryptogram of successful moves.  In another hand, a contracted agreement could be terminated by either party if the contract is not auguring progressively as anticipated. There is no need to continue with a contract that attempts to display no economic returns and no memorandum of respectable indulgence but time hysterically wasted, while dynamism is fruitlessly depleted with no meaningful outcome. Therefore, there is nothing wrong for a married couple to separate or completely end relationship if the nature of their relationship is unrewarding with no appreciation. Thus, it is better for one to distant him or herself from a revolting marriage relationship than staying together with problems at all times. I will not hesitate to use my marriage experience in attempting to draw analytical suggestions regarding the past and on-going state of affairs that provoked the one time Mr. Balema-Samba’s intimate partnership. There is nothing that can ascertain that a married couple may perhaps continue to live together till death if the atmospheric condition of their marriage appears to be losing grounds. It will be very sinful for any married couple to be pretentiously living together like husband and wife if they can no longer act faithfully like married couple. Nonetheless, any relationship: be it parental, siblings, friendship, neighborhood or colleagues at the workplace has better chances to survive if its partners carry on with the observation of the “give and take” principles of humanity. Also, it’s known as the elements of “negotiation to enhance compromise”, which is the mechanism of love, sympathy and synchronization of social bond. In similar vein, a relationship can ultimately fail to thrive or end shoddily if the key players of it refuse to recognize and continue with the observation of one of the conjectures of a thriving relationship that often confer negotiations and reconciliations. All or both parties involved in any given relationship must always be willing to negotiate and compromise in order to preserve their social acquaintances. At the moment, my publication in this matter will hardly or never delve into why the Honorable Paramount chief and Mrs. Manjia Balema-Samba separated or divorced. By assumed laws of matrimonial justice, either of them has the right to divorce the other if things appear to be steering towards the wrong direction. No one has the right to intimidate the other with the view to using force to control another’s love. In the meantime, what is most important to be discussing alongside Mrs. Manjia Balema-Samba’s request for justice is that it was wrong for a pending case in any local court to have been forcibly withdrawn from its Chiefdom Administration court without the consent of the Court Clerk, the Court chairman and Court members. Another thing that makes the victim’s complain worth investigating is that the Police Magistrate is not above the laws of his nation, which makes it illegal for Magistrate Komba Kamanda to publicly molest Mrs. Manjia Balema-Samba during an unwarranted court proceedings and further threatened her profession before illegally imprisoning her.  If unconstitutional withdrawal of a pending case from a constitutional local court is not wrong, then why allow the administration of Chiefdom Local Courts in Sierra Leone? The public should be informed to maintain patience and wait to hear the decision of the Local Court between Mrs. Manjia Balema-Samba versus Mrs. Joan Satta Benya. However, all government institutions that participate in the regulation or supervision of the Kenema Magistrate court as well as local government’s authority should do whatsoever it takes to have Mrs. Balema-Samba and her defendant be taken away from the intrusiveness of Magistrate Komba Kamanda and returned to the legal authority of the local court that initially received the writ of allegations. Sierra Leone’s justice system must intervene against this magisterial malingering by returning the case to the local court that initially started its hearing and at the same time establish thorough investigation networks concerning allegations against Magistrate Komba Kamanda as the result of his actions that domestically terrorized Mrs. Manjia Balema-Samba. As the citizenry impatiently waits to understand more about how the government of Sierra Leone will respond to such a provocative judicial misconduct, it will ease communication if someone can delightfully post to any recognizable online media outlet like Awareness Times, Sierra Express Media or generate into online forums like in the Cocorioko, APC Global Forum, SLPP or PDP forum Mrs. Manjia Balema-Samba’s recorded Radio Talk Show that crazily did cause Magistrate Kamanda to retch his cruelty. More stories will follow in the sequentially as contained in the victim’s letter of request for justice.

By Eddie K. Stanley, Philadelphia, USA

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