Fact Check: Are Matters Under Investigation Considered Sub Judice?

Claim: When matters are under investigation, they are sub judice.

VERDICT: FALSE

Context: During an interview with Liberty Online TV, Hon. Alhaji Alpha Kanu, the Presidential Spokesman, claimed that when matters are under investigation, they are sub judice. https://www.facebook.com/LibertyTVOnline/videos/3908673436110086

(57 mins) He made this statement while discussing the presidency’s stance on ongoing investigations into drug allegations involving Dutch fugitive Jos Leijdekkers, who is allegedly in Sierra Leone and being protected by the presidency. The specific question that prompted this claim was: "Does President Bio know Umar Sheriff?"

The sub judice rule is meant to prevent undue influence or public discussion on matters before a court of law. Hon. Kanu’s statement suggests that police investigations fall under this rule, restricting public discussions on the matter. But is this accurate?

Evidence: Three Legal experts contacted by Sierra Check confirm that sub judice applies strictly to matters before a competent judicial authority, such as a court. Under Sierra Leonean law, the sub judice principle does not extend to police investigations. The term "sub judice," derived from Latin, translates to "under a judge," indicating that a case must be actively before a judge or court for the rule to apply.

However, the said legal professionals stated that while individuals involved in an investigation may choose not to comment to avoid prejudicing the process, this does not mean the matter is legally classified as sub judice. Journalists, for instance, are free to report on factual developments but should avoid speculative or prejudicial statements.

Additionally, Sierra Check’s review of legal precedents and practices in other jurisdictions shows that while some countries extend sub judice to police investigations, this is not the case in Sierra Leone. No known legal authority in Sierra Leone has ruled that an investigation alone makes a matter sub judice.

Conclusion: Hon. Alhaji Alpha Kanu’s claim that matters under investigation are sub judice is false. In Sierra Leone, a matter is only considered sub judice when it is actively before a competent judicial body, such as a court. Ongoing police investigations do not fall under this classification, meaning public discussion on such matters is not legally restricted under the sub judice rule.

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