Sierra Leone’s Supreme Court has in a ruling dated 12th February 2025 dismissed an application seeking the recusal of Justice Allan B. Halloway, JSC, from presiding over a case involving Ikubolaji Nicol.
The request, filed by the Attorney General and Minister of Justice, argued that Justice Halloway’s membership in the Quimanora Club, a social organization to which the accused also belongs, created a perception of bias that warranted his withdrawal from the case.
Recusal refers to the process by which a judge steps down from a case due to a conflict of interest, bias, or the appearance of bias. The Attorney General contended that Justice Halloway’s association with Nicol within the Quimanora Club had developed beyond mere friendship into what was described as a “brotherhood.”
To support this claim, photographs of the judge and the accused attending club events together were presented as evidence. Additionally, the application raised concerns over Justice Halloway’s decision to stay proceedings in the High Court without first hearing the Attorney General’s position.
In response, Nicol’s legal team argued that the recusal request lacked constitutional merit under Section 125 of the 1991 Constitution. The Supreme Court, in its ruling, emphasized that simply belonging to the same social club as an accused person does not, on its own, constitute a valid reason for disqualification.
The justices found no evidence of actual bias or any real likelihood of bias, concluding that Justice Halloway’s past membership in the Quimanora Club and his presence at social gatherings with Nicol were insufficient grounds for recusal. The court also expressed concern over the increasing use of recusal applications as a strategy to delay proceedings or manipulate judicial assignments.
Ultimately, the court ruled that the apprehension of bias in this case was “imaginary and of no substance” and dismissed the application. It also rejected the Attorney General’s request to vacate an earlier stay of proceedings in the High Court, affirming that the order had been properly issued by the full five-member panel.
The ruling was delivered by a three-judge panel comprising Justices Allan B. Halloway, Abdulai M. Bangura, and Monfred M. Sesay. The case will now proceed before the Supreme Court.
