In a historic legal ruling that reverberates far beyond Sierra Leone’s borders, the High Court in Freetown has upheld the power of the Right to Access Information Commission (RAIC) against the Bank of Sierra Leone in a landmark freedom of information case. At the Africa Freedom of Information Centre (AFIC), we believe this decision is a powerful signal not just for Sierra Leone but for every African country grappling with the implementation of access to information laws.
This is more than a legal win. It’s a precedent-setting moment for accountability, transparency, and the right of every citizen to demand answers from those in power.
The Case: A Journalist’s Request, A Public Institution’s Refusal
The story began in December 2019, when journalist Martha Kargbo submitted a request to the Bank of Sierra Leone for records related to foreign exchange history. Rather than provide the records, the Bank redirected her to its website, where the information could not be found. After months of silence and non-response, the case escalated to the RAIC, which ruled that the Bank had failed to comply with the country’s Right to Access Information Act, 2013.
The Commission issued a compliance order and levied a fine. When the Bank took the matter to court, the judiciary stood firm: public institutions cannot claim compliance while withholding information. Justice Adrian Fisher’s ruling on 26 May 2025 confirmed RAIC’s authority and upheld the right to information—making it one of the most consequential court decisions on freedom of information in Africa.
Why This Matters: A Continental Wake-Up Call
Across the continent, many countries have enacted access to information laws. But the gap between law and practice remains wide. Too often, public authorities ignore information requests, delay responses indefinitely, or hide behind technicalities and bureaucratic opacity.
This ruling affirms that
Access to information laws is not optional. Public bodies must actively comply with them or face consequences.
Independent information commissions have enforcement power. The judiciary’s backing gives RAIC—and by extension, other commissions—the credibility and legal teeth to uphold citizen rights.
Judiciaries can be powerful allies in defending democratic rights, when provided with the legal clarity and institutional independence needed to act.
Implications for Governments, Commissions, and Civil Society
At AFIC, we see this as a pivotal moment for African governments and civil society actors alike.
For governments and public institutions: This ruling is a reminder that transparency is a legal obligation, not a favor to citizens. Compliance must go beyond lip service—it must include timely responses, proactive disclosure, and internal systems that support openness.
For Information Commissions: The RAIC ruling demonstrates the necessity of legal and institutional independence, capacity to enforce, and courage to act. Commissions across Africa can take heart and be emboldened to hold public bodies accountable.
For journalists, researchers, and citizens: The decision shows that persistence pays off. Even against powerful institutions, the law can protect your right to know when supported by strong oversight bodies and strategic litigation.
The Road Ahead: From Precedent to Practice
This moment must not be a one-off victory. It must become a continental standard.
At AFIC, we are committed to:
Strengthening legal enforcement mechanisms across our member states,
Training civil society and citizen monitors to use FOI laws effectively,
Supporting Information Commissions to act independently and assertively,
And engaging regional bodies to harmonize and advance the right to information as a key component of democratic governance.
A Call to Action
Sierra Leone’s judiciary has sent a message: Public information belongs to the public. Now, it’s up to every African country to ensure that message is heard and followed.
Let this case inspire reform, embolden citizens, and renew the push for a truly transparent Africa.
📘 Download our 👉🏾Assessment of the Implementation of SDG 16.10.02 on Access to Information in Namibia, Nigeria, Sierra Leone and Zimbabwe
📢 Join the conversation on X (Twitter)
What does this case mean for your country? Share using #Accesstoinformation and tag @africafoicentre
