Examining the Concept of Misappropriation under the Anti-Corruption Act 2008 (Which Repealed and Replaced the Anti-Corruption Act 2000)

Abstract

This article examines the offence of misappropriation of public funds, property or revenue under the Anti-Corruption Act 2008 and the judicial interpretation following judgments in corruption cases in the courts of superior judicature in Sierra Leone. It examines the key elements of the offence and the possible extension of the elements by the judges, with respect to the importation of dishonesty, thereby and perhaps ex arguendo extending the burden of proof on the prosecution. The elements of the offence will be analysed by reviewing the relevant constitutional provisions, statutes and decided cases by the courts of superior judicature in Sierra Leone; interspersed with examination of relevant English statutes and jurisprudence referenced in the decided cases. This article also looks at the importation of foreign jurisprudence based on statues that conflict with section 74 of the Courts Act 1965. The primary consideration will be either it was the intention of parliament to expressly exclude dishonesty as an element of the offence, or whether by judicial activism, the judges have introduced an element outside the intentions of parliament.