Justice Fynn Dissent Over Halloway Tribunal Referral, Cites Breach of Natural Justice
Justice Reginald Sydney Fynn, a Justice of the Court of Appeal, has written to President Julius Maada Bio expressing his strong opposition to the Judicial and Legal Service Commission’s (JLSC) decision to refer Supreme Court Judge Allan B. Halloway for a tribunal to investigate his conduct.
In a detailed letter dated 22nd September, 2025, Justice Fynn argued that the referral was procedurally flawed and violated the rules of natural justice. He stated that the Commission never received a clear statement of the alleged misconduct against Justice Halloway, relying instead on “old newspapers, letters and excerpts from reports” dating back as far as 2010, alongside recent correspondence between the suspended judge and Chief Justice Komba Kamanda.
Justice Fynn criticized the process, saying Chief Justice Kamanda acted as both “complainant and chairman” of the Commission meeting, thereby compromising fairness. He also noted that Justice Halloway was not given notice of the proceedings nor afforded an opportunity to defend himself before the referral was made. “A man should not be judge and jury in his own cause,” he wrote.
The Appeal Court judge further observed that the meeting of 5th September, 2025 was conducted in an atmosphere of “anger, wild accusations, and intolerance for dissent,” with members not provided agenda papers in advance. He maintained that the removal of a judge is the “ultimate penalty” and should only be pursued in cases of “grave misconduct” supported by prima facie evidence. He cautioned that the Commission’s decision risks undermining judicial independence if allowed to stand.
Justice Fynn urged the President to consider his reservations in line with his constitutional duties and appealed for reforms that would respect dissent within the judiciary, thereby strengthening the rule of law.
The dispute stems from a bitter fallout between Chief Justice Komba Kamanda and Justice Allan B. Halloway earlier this year. Justice Halloway had accused the Chief Justice of intimidation, constitutional violations, and abuse of office, calling for his resignation and the establishment of an ethics committee to probe his conduct. On 5th September 2025, the JLSC resolved to recommend a tribunal against Halloway, and President Bio subsequently suspended him on 15th September pending the tribunal’s findings.
The move has sparked widespread controversy. The Sierra Leone Bar Association has pledged to monitor the tribunal to ensure due process, while civil society groups, including CHRDI, have condemned the suspension as unjust and politically motivated. Legal analysts note that because Justice Halloway’s accusations against the Chief Justice were not addressed before disciplinary action was taken against him, the suspension risks being perceived as retaliatory rather than a fair application of judicial accountability.
