such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal
recommends to the President that the Solicitor-General shall not be removed from office.
(12) The Solicitor-General 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 (10) and the tribunal has recommended to the President
that he ought to be removed from office of inability to discharge the functions of his office as stated in subsection (9)
or for misbehaviour.
Director of Public
Prosecutions.
66. (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 Judicial and Legal
Service Commission and subject to the approval of Parliament, and shall, before assuming the functions of his office,
take and subscribe to the oath 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 64, the Director of Public Prosecutions shall have power in any case in which
he considers is desirable so to do—
a.
b.
c.
to institute and undertake criminal proceedings against any person before any court in respect of any
offence against the laws of Sierra Leone except any offence involving corruption under the AntiCorruption Act, 2000;
to take over and continue any such criminal proceedings that may have been instituted by any other person
or authority; and
to discontinue at any stage before judgement 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) 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 sixty-five 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
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