Sierra Leone: PMDC Accuses President Koroma of Violating the Constitution
By Stephen V. Lansana
The People’s Movement for Democratic Change (PMDC) party is of the view that March 7, 2018, announced by President Ernest Bai Koroma as the date for the conduct of Parliamentary and Local Council Elections is contrary to the provisions of Section 43(b) of the Constitution of Sierra Leone Act №6 of 1991.
The party said in a statement issued yesterday that “this is so, because the President was sworn into office on the 23rd of November, 2012, and reading the provisions of Section 43(b) of Act №6 of 1991, into the date announced by Mr. President, it becomes obvious that the 7th of March, 2018 falls outside the Ninety (90) days envisaged by the above Subsection.”
“A single day witnessed the conduct of all four elections in 2007 and 2012 because of the prevailing circumstances then. In the absence of special circumstances, NEC [National Electoral Commission] has no alternative but to abide by the provisions of the proviso to Section 43(b) of Act №6 of 1991, which states that: “Presidential election shall be held and completed before the election of Members of Parliament”. That being the case, dates to be fixed for both Presidential and Parliamentary elections cannot be identical as the former should precede the latter,” PMDC said.
The party said, “By Section 33 of the Constitution of Sierra Leone Act №6 of 1991 and by extension, Section 7(1) and (2) of the Public Elections Act №4 of 2012, defining the functions of NEC.” “It is the responsibility of NEC and nobody else including Mr. President, to address the question of registration of voters and related activities. To have included this aspect in his address, the President appears to be usurping the functions of NEC, which is contrary to the provisions of Section 32(11) of Act №6 of 1991, guaranteeing the independence of NEC.”
The President in his address, informed the nation of Government’s intention to come up with a whitepaper in relation to the constitutional review committee’s report recently submitted to him. “It is our hope that Mr. President is not of the view that, whatever comes out of the referendum to be held, will impact on the pending elections, but rather, should take effect at the elections following the 2018 elections,” it said.
PMDC said that, although the President in his address did not refer to the redrawing of constituency boundaries, an exercise that is ongoing by NEC, it is their hope that NEC will advert its mind to Section 38(5) of the Constitution of Sierra Leone Act №6 of 1991 which states “Where the boundaries of any constituencies are altered in accordance with the provisions of this Section (See 38) that alteration shall come into effect upon the next dissolution of Parliament after the alternation has been approved by Parliament.”
The following Sections of the Constitution of Sierra Leone, Act №6 of 1991 are referred to as being germane to the issue under discussion:
Section 105 of the Constitution of Sierra Leone Act №6 of 1991 states: “Subject to the provisions of this Constitution, Parliament shall be the supreme legislative authority for Sierra Leone.”
“Section 108(1) of the Constitution, gives Parliament the sole authority to alter the provisions of the Constitution of Sierra Leone, Act №6 of 1991, in accordance with the provisions laid down in the constitution. Section 108(8) makes it clear that “Any suspension, alteration or repeal of this constitution other than on the authority of Parliament, shall be deemed to be an act of treason.”
By reason of the premise, PMDC considers the March 7, 2018, being the date slated for the conduct of Presidential, Parliamentary and Local Council Elections, “as unconstitutional” and could be seen as an attempt by the President and NEC to alter the provisions of the constitution in relation to such matters.
“To attempt to conduct all three elections on the same date, also contravenes the Constitution of Sierra Leone Act №6 of 1991,” the party said.
PMDC therefore calls upon the President and NEC to revisit the announcements made, taking into consideration the issues and concerns raised, without undue delay.
The party said that Section 164 of Act №4 of 2012, gives the Electoral Commission the power to enlarge time; “but only in very exceptional circumstances and in strict compliance with the Law governing same”.
A single day witnessed the conduct of all four elections in 2007 and 2012 because of the prevailing circumstances then. In the absence of special circumstances, NEC has no alternative but to abide by the provisions of the proviso to Section 43(b) of Act №6 of 1991, which states that:- “Presidential election shall be held and completed before the election of Members of Parliament”.
That being the case, dates to be fixed for both Presidential and Parliamentary elections cannot be identical as the former should precede the latter.
By Section 33 of the Constitution of Sierra Leone Act №6 of 1991 and by extension, Section 7(1) and (2) of the Public Elections Act №4 of 2012, defining the functions of NEC, it is the responsibility of NEC and nobody else including Mr. President, to address the question of registration of voters and related activities.
To have included this aspect in his address, the President appears to be usurping the functions of NEC, which is contrary to the provisions of Section 32(11) of Act №6 of 1991, guaranteeing the independence of NEC.