Sierra Leone is an African country located on the shores of the Atlantic Ocean, bordering Liberia and Guinea. The population of this country is approx 84,60,000 with 73,252 square kilometers area. Ethnically, no one is a majority. Temne 33%, Mende 33%, Limba 6%, and none of the others separatelly more than 5%. The common languages are English and Krio. Religiously, 78% are Muslim and 21% are Christian.
The media will be free to highlight the government's responsibilities and accountability to the people as enshrined in the Constitution. There will be no person as a leader of any political party who is not eligible to be elected as a member of parliament.
These are positive aspects. Now let's discuss the negative aspects.
One of the many qualifications of the president is that he or she must be a member of a political party. But why? What's the problem if he or she is independent? The president is also exempt from taxes. Why? The government will encourage Sierra Leone's culture. But there is no explanation as to whether the ‘culture’ is independent or determined by the government. If someone who is not a member of parliament votes in parliament, he or she will be fined. What's the problem if he or she is directly arrested and sentenced to prison?
Admirable Articles of Sierra Leone's Constitution
8. Social objectives
● The Social Order of the State shall be founded on the ideals of Freedom, Equality and Justice.
● In furtherance of the Social Order—
● every citizen shall have equality of rights, obligations, and opportunities before the law, and the State shall ensure that every citizen has an equal right and access to all opportunities and benefits based on merit;
● the State shall recognise, maintain and enhance the sanctity of the human person and human dignity; and
● the Government shall secure and maintain the independence, impartiality and integrity of courts of law and unfettered access thereto, and to this end shall ensure that the operation of the legal system promotes justice on the basis of equal opportunity, and that opportunities for securing justice are not denied any citizen by reason of economic or other disability.
● The State shall direct its policy towards ensuring that—
● every citizen, without discrimination on any grounds whatsoever, shall have the opportunity for securing adequate means of livelihood as well as adequate opportunities to secure suitable employment;
● conditions of service and work are fair, just and humane and that there are adequate facilities for leisure and for social, religious and cultural life;
● the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused, and in particular that special provisions be made for working women with children, having due regard to the resources of the State;
● there are adequate medical and health facilities for all persons, having due regard to the resources of the State;
● there is equal pay for equal work without discrimination on account of sex, and that adequate and satisfactory remuneration is paid to all persons in employment; and
● the care and welfare of the aged, young and disabled shall be actively promoted and safeguarded.
11. Obligations of the mass media
The press, radio and television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Constitution and highlight the responsibility and accountability of the Government to the people.
16. Protection of right to life
● No person shall be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence under the laws of Sierra Leone, of which he has been convicted.
● Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case, that is to say—
● for the defence of any person from unlawful violence or for the defence of property; or
● in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or
● for the purpose of suppressing a riot, insurrection or mutiny; or
● in order to prevent the commission by that person of a criminal offence; or
● if he dies as a result of a lawful act of war.
19. Protection from slavery and forced labour
● No person shall be held in slavery or servitude or be required to perform forced labour or traffic or deal in human beings.
● For the purposes of this section the expression “forced labour” does not include—
● any labour required in consequence of a sentence or order of a court; or
● labour required of any person while he is lawfully detained, which though not required in consequence of the sentence or order of a court, is reasonably necessary in the interest of hygiene or for the maintenance of the place in which he is detained; or
● any labour required of a member of a defence force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as such a member, any labour which that person is required by law to perform in place of such service; or
● any labour required during a period of public emergency or calamity which threatens the life or well-being of the community; or
● communal labour or labour which forms part of other civic obligation.
35. Registration and conduct of political parties
● Subject to the provisions of this section, political parties may be established to participate in shaping the political will of the people, to disseminate information on political ideas, and social and economic programmes of a national character, and to sponsor candidates for Presidential, Parliamentary or Local Government elections.
● The internal organisation of a political party shall conform to democratic principles, and its aims, objectives, purposes and programmes shall not contravene, or be inconsistent with, any provisions of this Constitution.
● A statement of the sources of income and the audited accounts of a political party, together with a statement of its assets and liabilities, shall be submitted annually to the Political Parties Registration Commission, but no such account shall be audited by a member of the political party whose account is submitted.
● No political party shall have as a leader a person who is not qualified to be elected as a Member of Parliament.
● No association, by whatever name called, shall be registered or be allowed to operate or to function as a political party if the Political Parties Registration Commission is satisfied that—
○ membership or leadership of the party is restricted to members of any particular tribal or ethnic group or religious faith; or
○ the name, symbol, colour or motto of the party has exclusive or particular significance or connotation to members of any particular tribal or ethnic group or religious faith; or
○ the party is formed for the sole purpose of securing or advancing the interests and welfare of a particular tribal or ethnic group, community, geographical area or religious faith; or
○ the party does not have a registered office in each of the Provincial Headquarter towns and the Western Area.
● Subject to the provisions of this Constitution, and in furtherance of the provisions of this section, Parliament may make laws regulating the registration, functions and operation of political parties.
● Any association aggrieved by a decision of the Political Parties Registration Commission under this section may appeal to the Supreme Court and the decision of the Court shall be final.
● For the purposes of this section the expression—
○ “association” includes anybody of persons, corporate or incorporate, who agree to act together for any common purpose, or an association formed for any ethnic, social, cultural, occupational or religious purpose; and “political party” means any association registered as a political party as prescribed by subsection (5).
36. Secret ballot
At any public elections or referenda voting shall be by secret ballot.
40. Office of President
● There shall be a President of the Republic of Sierra Leone who shall be Head of State, the supreme executive authority of the Republic and Commander-in-Chief of the Armed Forces.
● The President shall be the Fountain of Honour and Justice and the symbol of national unity and sovereignty.
● The President shall be the guardian of the Constitution and the guarantor of national independence and territorial integrity, and shall ensure respect for treaties and international agreements.
● Notwithstanding any provisions of this Constitution or any other law to the contrary, the President shall, without prejudice to any such law as may for the time being be adopted by Parliament, be responsible, in addition to the functions conferred upon him in the Constitution, for—
● all constitutional matters concerning legislation;
● relations with Foreign States;
● the reception of envoys accreditted to Sierra Leone and the appointment of principal representatives of Sierra Leone abroad;
● the execution of treaties, agreements or conventions in the name of Sierra Leone;
● the exercise of the Prerogative of Mercy;
● the grant of Honours and Awards;
● the declaration of war; and
● such other matters as may be referred to the President by Parliament:
● Provided that any Treaty, Agreement or Convention executed by or under the authority of the President which relates to any matter within the legislative competence of Parliament, or which in any way alters the law of Sierra Leone or imposes any charge on, or authorises any expenditure out of, the Consolidated Fund or any other fund of Sierra Leone, and any declaration of war made by the President shall be subject to ratification by Parliament—
● by an enactment of Parliament; or
● by a resolution supported by the votes of not less than one-half of the Members of Parliament.
98. Freedom of Speech and debate
There shall be freedom of speech, debate and proceedings in Parliament and that freedom shall not be impeached or questioned in any court or place out of Parliament.
100. Immunity from service of process and arrest
No civil or criminal process issuing from any court or place out of Parliament shall be served on or executed in relation to the Speaker or a Member or the Clerk of Parliament while he is on his way to attending or returning from any proceedings of Parliament.
Facts of Sierra Leone's Constitution
12. Enhancement of national culture
The Government shall—
● promote Sierra Leonean culture such as music, art, dance, science, philosophy, education and traditional medicine which is compatible with national development;
● recognize traditional Sierra Leonean institutions compatible with national development;
● protect and enhance the cultures of Sierra Leone; and
● facilitate the provision of funds for the development of culture in Sierra Leone.
26. Protection of freedom of assembly and association
● Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade unions or other economic, social or professional associations, national or international, for the protection of his interests.
● Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—
● which is reasonably required—
● in the interests of defence, public safety, public order, public morality, public health, or provision for the maintenance of supplies and services essential to the life of the community; or
● for the purpose of protecting the rights and freedoms of other persons; or
● which imposes restrictions upon public officers or upon members of a defence force; or
● which imposes restrictions on the establishment of political parties, or regulates the organisation, registration, and functioning or political parties and the conduct of its members;
and except in so far as that provision, or as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
41. Qualifications for Office of President
No person shall be qualified for election as President unless he—
● is a citizen of Sierra Leone;
● is a member of a political party;
● has attained the age of forty years; and
● is otherwise qualified to be elected as a Member of Parliament.
42. Election of President (Part of it)
● A Presidential candidate shall be nominated by a political party.
● The following provisions shall apply to an election to the office of President—
● all persons registered in Sierra Leone as voters for the purposes of election to Parliament shall be entitled to vote in the election;
● no person shall be elected as President of Sierra Leone unless at the Presidential election he has polled not less than fifty-five per cent of the valid votes in his favour; and
● in default of a candidate being duly elected under paragraph (e), the two candidates with the highest number or numbers of votes shall go forward to a second election which shall be held within fourteen days of the announcement of the result of the previous election, and the candidate polling the higher number of votes cast in his favour shall be declared President.
● A person elected to the office of President under this section shall assume that office on the day upon which he is declared elected by the Returning Officer, or upon the date that his predecessor’s term of office expires, whichever is the latter.
48. Incidents of office, etc (Part of it)
● The President shall receive such salary and allowances as may be prescribed by Parliament and such salary and allowances payable to the President are hereby charged on the Consolidated Fund.
● The salary and allowances of the President shall not be altered to his disadvantage during his tenure of office.
● The President shall be exempted from personal taxation.
● The President shall be entitled to such pension and retiring benefits as shall be prescribed by Parliament.
92. Unqualified persons sitting or voting
Any person who sits or votes in Parliament knowing or having reasonable ground for knowing that he is not entitled to do so shall be liable to a penalty not exceeding one thousand leones or such other sum as may be prescribed by Parliament for each day in which he so sits or votes in Parliament, which shall be recoverable by action in the High Court at the suit of the Attorney-General and Minister of Justice.
