Section 97: Prosecutions.

(1) There shall be a Director of Public Prosecutions, whose office shall be a public office. (2) The Director of Public Prosecutions shall be appointed by the President on the advice of the Attorney-General and Minister of Justice and he shall, before assuming the functions of his office, take and subscribe to the Oath of Allegiance as set out in the Third Schedule to this Constitution. (3) A person shall not be qualified to hold or act in the office of Director of Public Prosecutions unless he is qualified for appointment as a Justice of the Court of Appeal. (4) Subject to subsection (3) of Section 88 the Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do— a) to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Sierra Leone; b) to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. (5) The powers of the Director of Public Prosecutions under subsection (4) of this Section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. (6) The Director of Public Prosecutions shall in all matters including his powers under this Constitution or any other law be subject to the general or special direction of the Attorney- General and Minister of Justice. (7) The powers conferred upon the Attorney-General and Minister of Justice by this Section shall be vested in him to the exclusion of any other person or authority. Provided that where any other person or authority has instituted criminal proceedings, nothing in this Section shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the Court. (8) In the exercise of the powers conferred upon him by this Section the Attorney-General and Minister of Justice shall not be subject to the direction or control of any other person or authority. (9) For the purposes of this Section any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court shall be deemed to be part of those proceedings. (10) Subject to the provisions of this Section a person holding the office of Director of Public Prosecutions shall vacate his office when he attains the age of 62 years. (11) If the office of Director of Public Prosecutions is vacant or the holder of that office is for any reason unable to perform the functions thereof, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsection (10) and subsections (12) to (15) (inclusive) of this Section, continue to act until a person has been appointed to and has assumed the functions of the office of Director of Public Prosecutions or until the person holding that office has resumed those functions. (12) The Director of Public Prosecutions may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this Section. (13) The Director of Public Prosecutions shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (13) of this Section and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour. (14) If the First Vice-President represents to the President that the question of removing the Director of Public Prosecutions from office for inability as aforesaid or for misbehaviour ought to be investigated then— a) the President acting in consultation with the First Vice-President shall appoint a tribunal which shall consist of a Chairman and not less than half of the other members being persons who hold or have held office as a Judge of the High Court, or Justice of the Appeal Court and b) that tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether the Director ought to be removed from office for inability as aforesaid or for misbehaviour. (15) If the question of removing the Director of Public Prosecutions from office has been referred to a tribunal under subsection (13) of this Section, the President, acting in consultation with the First Vice-President, may suspend the Director from performing the functions of his office, and any such suspension may at any time be revoked by the President, acting in consultation with the First Vice-President, and shall in any case cease to have effect if the tribunal recommends to the President that the Director shall not he removed from office.