President Ernest Koroma has committed a violation of the Constitution: he should resign or be impeached

In his inauguration speech Ernest Bai Koroma, the president of the republic of Sierra Leone promised the populace that “I have no doubt, that like the phoenix, we shall rise from the ashes of war and rise like the proud nation that we are, the Athens of West Africa.”  That is the reason why he further promised that “we will exercise zero tolerance towards corruption.”  (Photo: Mohamed Kunowah-Tinu Kiellow)

The Information Minister of president Koroma’s government  told reporters on that day that “Senior members of the past government tampered with state funds, donor funds, and the international community is appropriately most unhappy about it.”

On the eve of the swearing-in ceremony of EBK, Peter Takirambudde, the African Director of Human Rights Watch stated that “”five years since the end of the armed conflict, the government has failed to stem rampant corruption, which has for decades robbed Sierra Leoneans of their basic human rights.” He warned the president that “The time of turning a blind eye has passed: President Koroma’s administration must face the problems … head on.”

One can gather from the above-mentioned statements that the former government lost the election because of alleged corrupt practices and the government of EBK was ready to stop at nothing to stem corruption that is eating into the social, economic and political fabric of this ‘ rich’ country. The statement by the Human Rights Watch directors makes clear that corruption leads to violation of basic human rights in Sierra Leone. He was of the opinion that the president should make use of all means in his power to fight corruption.

More than two years in power, the president has done little or nothing to fight the cancerous corruption which has made Sierra Leone the poorest of the poor in the world. His speech on the 26 of January 2010 evidences that the president is not ready to fight corruption and therefore he is in no way ready to lift the people of Sierra Leone out of poverty. At the emergency meeting were present the Ministers of Justice, Internal Affairs, Mineral Resources, Marine Resources, Transportation, Lands, together with the Deputy Minister of Agriculture, and the institutional heads including the Inspector General of Police, National Registration Secretariat, the Mayor of Freetown, Standards Bureau, Birth and Death, National Revenue Authority and Immigration. He highlighted in his statement that there were rampant and uncontrollable corrupt practices going on in almost all the ministries, departments and parastatals.

He knows that “From evidence available to me, there seems to be collaboration within these institutions to undermine the efforts of this government.” The president specifically mentioned police corruption in Kambia district where bribe-taking at about 15 checkpoints between Freetown and Kambia was rife and unbearable. According to his evidence customs officials and the police have a common collection point and share the loot at the end of the day, “for which the burden is transferred to the importer and then to the consumer. It is the ordinary man that bears the brunt of this syndicate.” Our president therefore knows that these corrupt practices have augmented the suffering of the majority poor in Sierra Leone. He knows that these practices have led to violation of the basic human rights of the people of Sierra Leone.

Our president also told the people of Sierra Leone that he has evidence of foreigners of African descent being issued with Sierra Leonean passports for two hundred to five hundred dollars within four days, while a Lebanese or anyone of Middle Eastern origin would pay between one thousand and one thousand five hundred dollars for a Sierra Leonean passport. The possibilities are not remote that these passports will find their way into the hands of terrorists like Al Qaeda as the president said that “The Sierra Leonean public has had enough; they have not been treated fairly because of the interests of those who want to mortgage the sovereignty of Sierra Leone to Al Qaeda or other terrorists for a few dollars.” The president does not know the security implications of this statement. Mr. President, the security of the state is at stake! 

Yet, our president did nothing to rid this nation of these social and economic parasites.

During his inauguration the president promised “to provide an environment where things get done and people are accountable for success or failure.” The president should therefore be accountable for his failure to take any actions against people who have dragged and still are dragging Sierra Leone into social and economic mire, all as a result of their corrupt practices. The president should therefore resign or the parliament should start an impeachment procedure against him because of committing violation of the constitution.

According to Section 5 of the 1991 Constitution of Sierra Leone “the State shall take all steps to eradicate all corrupt practices and the abuse of power.”  Furthermore, Section 13j obliges every citizen to render assistance to appropriate and lawful agencies in the maintenance of law and order.

The president said that he has irrefutable evidence of corrupt practices in his government and yet he did nothing to forestall future corruption. He did not handover the evidence to the ACC which is the lawful government agency that prosecutes corrupt practices. The president has abused power by not doing anything to let his cronies be prosecuted. He has used his position as president to protect strong members of his political party. The president has committed violation of the constitution through omission.

Section 5 (2b) states that “It is accordingly declared that the security, peace and welfare of the people of Sierra Leone shall be the primary purpose and responsibility of Government, and to this end it shall be the duty of the Armed Forces, the Police, Public Officers and all security agents to protect and safeguard the people of Sierra Leone.”

In his statement on the Tuesday 26 of January 2010, the president admitted that he had evidence of corrupt practices at the Immigration Department, where our passports were (are) being sold at astronomical prices. These passports may land into the hands of terrorists who will use them to attack their ideological enemies in Sierra Leone. This will have great security implications for our country. The act of these public officers should be frowned upon and punitive measures should be taken against these public figures. Unfortunately, our president decided not to act at all, thereby acquiescing that the corrupt practices are cool in the society.  The president has pawned the security of the people of Sierra Leone in order to protect his political security. The lame action of the president is in violation of the constitution.

I am of the opinion that EBK should resign if he is a patriotic Sierra Leonean who has the best interest of the country at heart. He has failed us through and through. If he refuses to resign, I find it appropriate that members of parliament make use of their constitution power enshrined in Section 51 of the 1991 Constitution of Sierra Leone. This section provides that:

51. (1) If notice in writing is given to the Speaker signed by not less than one-half of all the Members of Parliament of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct in the performance of the functions of his office and specifying the particulars of the allegations and proposing that a tribunal be appointed under this section to investigate those allegations, the Speaker shall—

a. if Parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by Parliament within seven days of the receipt of the notice; or

b. if Parliament is not then sitting (and notwithstanding that it may be prorogued), summon Parliament to meet within twenty-one days of the receipt of the notice, and cause the motion to be considered by Parliament.

(2) Where a motion under this section is proposed for consideration by Parliament, it shall meet in secret session and shall not debate the motion, but the Speaker or the person presiding in Parliament shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two thirds of all Members of Parliament, shall declare the motion to be passed.

(3) If a motion is declared to be passed under subsection (2)—

a. the Speaker shall immediately notify the Chief Justice who shall appoint a tribunal which shall consist of a Chairman who shall be a Justice of the Supreme Court and not less than four others selected by the Chief Justice, at least two of whom shall hold or shall have held high judicial office;

b. the Tribunal shall investigate the matter and shall within the period of three months from the date on which the motion was passed report to Parliament through the Speaker whether or not it finds the particulars of the allegation specified in the motion to have been sustained;

c. the President shall have the right to appear and be represented before the Tribunal during its investigation of the allegations against him.

(4) If the Tribunal reports to Parliament that if finds that the particulars of any allegation against the President specified in the motion have not been substantiated, no further proceedings shall be taken under this Section in respect of that allegation.

(5) Where the Tribunal reports to Parliament that it finds that the particulars of any allegation specified in the motion have been substantiated, Parliament may, in secret session, on a motion supported by the votes of not less than two-thirds of all the Members of Parliament, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is incompatible with his continuance in office as President; and where Parliament so resolves, the President shall thereupon cease to hold office and a vacancy shall then be deemed to have occurred in the office of President and subsection (4) of Section 49 of this Constitution shall apply accordingly.

We, the people of Sierra Leone of Sierra Leone are tired of being fooled around by greedy politicians like president Koroma and his caboodle of corrupt ministers, directors and managers who have brought nothing but abject poverty to us. It is now time to start holding them “accountable for their success and failure,” if “I have no doubt, that like the phoenix, we shall rise from the ashes of war and rise like the proud nation that we are, the Athens of West Africa.”  That was what the president said in his inauguration speech.

Mohamed Kunowah-Tinu Kiellow, The Netherlands

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