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Law library · Sierra Leone · The Constitution of Sierra Leone, 1991

Section 144: Official document.

In force, as amendedThe Constitution of Sierra Leone, 1991, Sierra Leone

(1) Whenever in any proceedings in a Court, other than the Supreme Court, any question arises as to the discovery of an official document, and any person or authority having custody legal or otherwise of any such document refuses, upon request, to produce that document, on the ground— a. that the document belongs to a class of documents which it is prejudicial to the security of the State or injurious to the public interest to produce, or b. that the disclosure of the contents thereof will be prejudicial to the security of the State or injurious to the public interest, the Court shall stay the proceedings and refer the question to the Supreme Court for determination. (2) The Supreme Court may, pursuant to the provisions of subsection (1)— a. order any person or authority having custody, legal or otherwise, of the document to produce it; and any person so ordered shall produce the document for the purpose of inspection by the Supreme Court; and b. determine whether or not any such document shall be produced in the Court from which the reference was made after hearing the parties thereto or their legal representatives or after having given them the opportunity of being heard. (3) Where the Supreme Court is of the opinion that the document shall be produced, it shall make an order upon the person or authority having custody of the document to produce the same or so much of the contents thereof as is essential for the proceedings in accordance with the terms of the order. (4) Where the question of the discovery of an official document arises in any proceedings in the Supreme Court in the circumstances mentioned in subsection (1) of this section, the Supreme Court shall be governed, mutatis mutandis, by the preceding provisions of this section for the determination of the question that has arisen. Rules of Court

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