Did Tripartite Agreement Achieve Electoral Justice?

Mohamed A Warisay, MSc., MBA, BSc, PMP, CISA, Security+

Aug, 23rd, 2025

As both a scholar and a man of common sense, I must respond to those who believe that justice can only be found through the courts. I have taken time to present a compelling argument — one that can only be countered by equally thoughtful scholarly reasoning.

 

What is justice?

Justice is a complex and enduring concept, debated by philosophers, legal scholars, and societies for thousands of years. While there is no single, universally accepted definition, most perspectives converge on the idea of fairness and ensuring that each person receives what they are due.

 

Core Principles of Justice

 

Fairness and Impartiality:

Justice requires that people are treated without bias or favoritism, particularly by the law and its enforcers. A common principle is that equals should be treated equally and unequals unequally.

 

Ethical and Moral Rightness: Justice is rooted in moral correctness — knowing right from wrong and doing the right thing.

Accountability and Redress:

When harm is done, justice demands that wrongdoers are held accountable and victims are provided remedies, whether through punishment or restoration.

 

Types and Contexts of Justice

 

Distributive Justice – This concept focuses on how resources, wealth, and opportunities should be fairly shared in society. Should distribution be equal, based on need, merit, or contribution?

Procedural Justice – This practice is concerned with fairness in processes, such as trials and administrative decisions. Just outcomes depend on transparent, consistent, and impartial procedures. The question is; can this be found in our courts in Sierra Leone?

Retributive Justice – This is based on punishment. Wrongdoers must receive penalties proportionate to their crimes, restoring moral balance and deterring future harm.

Restorative Justice – This concept prioritizes healing over punishment, by involving victims, offenders, and communities to repair harm and foster reconciliation.

Social Justice – This idea of justice envisions a fair society where everyone has equal access to opportunities and rights, regardless of race, gender, religion, or social status.

 

Philosophical Perspectives

 

Plato and Aristotle: Plato viewed justice as harmony within individuals and society. Aristotle distinguished between distributive and corrective justice, laying foundational theories.

 

Social Contract Theorists (Hobbes, Locke, Rousseau) argued that justice arises from the social contract — the implicit agreements that make civil society possible. Justice ensures order and stability.

 

John Rawls: In A Theory of Justice, Rawls described justice as the first virtue of social institutions. His idea of “justice as fairness”, imagines a society designed from behind a “veil of ignorance,” where no one knows their social position, ensuring fairness for all.

 

Pathways to Justice

Justice can be pursued through both legal and non-legal avenues, depending on the nature of the injustice and the desired outcome.

 

Legal Avenues

Litigation:

Civil Litigation: Resolves disputes between individuals or organizations (e.g., personal injury, contracts, family law). The aim is compensation or corrective action.

Criminal Litigation: Prosecutors bring charges against offenders on behalf of the state, aiming to punish wrongdoing and deter crime.

Legal Aid and Pro Bono Services: Provide access to legal representation for those who can not afford it.

Regulatory and Administrative

Complaints: Agencies such as the Equal Employment Opportunity Commission (EEOC) or Consumer Financial Protection Bureau (CFPB) investigate workplace violations, discrimination, or consumer fraud.

Alternative Dispute Resolution (ADR)

On February 6, 2023, the Center for Accountability and Rule of Law (CARL) launched projects to support electoral justice and accountability. CARL argues that Alternative Dispute Resolution (ADR) is a crucial, complementary mechanism to the formal court system. CARL advocates for ADR to make justice more accessible, efficient, and appropriate for the local context, particularly in a country where the formal legal system can be slow and expensive. Let’s take a look at some of those ADR systems;

Mediation: This system works with neutral mediator(s) to facilitate dialogue and help parties reach a mutually acceptable solution.

Arbitration: In this concept, a neutral arbitrator hears both sides and issues a binding decision. Probably, the system that was used in the ANU/Tripartite investigation in the aftermath of the rigged 2023 elections.

Negotiation: This idea holds that direct discussions are held between parties to reach compromise, with or without lawyers.

 

Non-Legal and Social Avenues

Activism and Advocacy: Raising awareness, organizing campaigns, and pushing for policy change to address systemic injustice.

Restorative Justice: Community-based healing processes, where offenders and victims work toward accountability and reconciliation.

Public Pressure and Community Organizing: Using collective action — boycotts, petitions, protests — to demand accountability from institutions and individuals.

 

Conclusion

Based on this scholarly and common sense argument presented, it is not hard to see that justice is not only confined to courtrooms or legal systems. It is a guiding principle of fairness, accountability, and moral rightness that shapes how societies function. Whether pursued through formal legal systems, alternative resolution methods, or social movements, justice remains the cornerstone of a stable and ethical society — ensuring that every person is treated with dignity and fairness.

 

So yes, justice can be found outside the Sierra Leonean courts. Yes, justice can be found within communities if we have fair and upright people. Yes, justice can be found in our schools, colleges, and universities if we have honest teachers and lecturers. Yes, justice can be found in our courtyards if we have truthful elders and community chiefs. Indeed, electoral justice was found outside the Sierra Leonean courts through the Agreement for National Unity and the Tripartite investigation.

©️ Spokesman, Electoral Justice Campaign