The constitutionality of the press release issued by the Government

In an article in August 2010, I wrote that Ernest Bai Koroma ‘has the potential of a ‘constitutional’ dictator.’ In that article I defined a constitutional dictator as a person who cleverly uses constitutional and democratic means to attain power but while in power appoints legal gurus who give distorted interpretation of the constitution in order to unjustifiably justify his unconstitutional actions, thereby forcing the opposition into parliamentary procedural oblivion. http://www.thenewpeople.com/editorials-oped/item/558-indeed-ernest-koroma-has-the-potential-of-a-%E2%80%9Cconstitutional%E2%80%9D-dictator

Three years on, we have started to see the true colours of our president as he starts to exhibit his dictatorship traits. Last week the Government issued a press release condemning the civil society for issuing ultimatums. In the press release, the government said that it (Photo: Mohamed Kunowah Kiellow,, author)

‘WANTS TO MAKE IT ABUNDANTLY CLEAR THAT THE PROGRAMMES AND PROJECTS THAT ARE THE SUBJECT OF THESE ULTIMATUMS ARE GOVERNMENT INITIATIVES THAT WERE DESIGNED IN RESPONSE TO THE NEEDS OF THE PEOPLE OF THIS COUNTRY AND ARE BEING IMPLEMENTED IN THEIR FAVOUR. THEREFORE, NO SINGLE ORGANISATION OR GROUP OF ORGANISATIONS CAN PRETEND TO BE SEEKING THE INTEREST OF THE PEOPLE MORE THAN THE ELECTED GOVERNMENT WHICH HAS INITIATED AND IIMPLEMENTATION OF THESE PROGRAMMES’.

The government’s issuing of a press release condemning CSOs for giving it ultimatums is a blot on the image of our budding democracy. It is a slap in the face of democracy and a kick in the teeth of our constitutional rights.

The president considers civil society as members as mere foreign invaders who are trying to overthrow its government by issuing ultimatums. Who are in these CSOs? Are they not Sierra Leoneans? Did they not vote? They did not play a role in electing EBK and the MPs? If they are Sierra Leoneans, don’t they have the constitutional right to check the government if it doesn’t do what it promised doing or when the lives of the dormant majority are at stake through government’s ineptitude and ineffectiveness? Of course, the CSO members are Sierra Leoneans who have all the right to question government on areas that are affecting ninety-nine percent of Sierra Leoneans. Ernest Koroma made perfect use of the civil society to come to power. His party used to give sensitive information to the CSOs that would embarrass the government of then when it was made public. This action by the then APC opposition caused public consternation to the extent that Sierra Leoneans no longer had confidence in the SLPP-led government. As a result of that, SLPP lost the election. Why the fuss over CSOs giving the government ultimatums? Maybe the government is afraid that it will suffer similar fate that SLPP went through.

By law, it is the parliament that should do this work. However, if our parliament is dormant and the opposition rendered ineffective, should the CSO shirk its responsibility as the fourth organ of a government? In a country where the people are left at the mercy of a government that does not seek their interest, other interest groups have to step in to pressure such government to live up to its promises.

By virtue of Section 5 (1) of the Constitution, The Republic of Sierra Leone shall be a State based on the principles of Freedom, Democracy and Justice. (2) It is accordingly declared that— a. sovereignty belongs to the people of Sierra Leone from whom Government through this Constitution derives all its powers, authority and legitimacy.

Now, according to the Constitution, the government is our servant and we are its master. That press release is usurping our power as the master of their power, authority and legitimacy. A servant cannot condemn its master if he is scolded for not cleaning the house properly. So, CSOs, being made of Sierra Leoneans are exercising their constitutional rights that Section 5 of the constitution accords them. They have all the right and freedom to monitor, evaluate and criticize the government. Moreover, they have the right to give the government ultimatums if it fails to make good on its promises. The giving of ultimatum to a poor-performing government is a form of pressure to force the government to perform in the interest of the people of Sierra Leone. After all, CSOs are pressure groups who work in the interest of the silent poor in a country where the opposition is there to be seen and not to be heard.

I advise the government to retract that press release and apologise for trampling on the toes of its masters. I also advise that in the future the government seek legal advice from the Attorney General before issuing such a press release in a country where the constitution stipulates that ‘The Republic of Sierra Leone shall be a State based on the principles of Freedom, Democracy and Justice.’

By Mohamed Kunowah Kiellow, United Kingdom

The author is a Dutch-Sierra Leonean human rights Lawyer. He is the Director of Human Rights and Democracy Alert (HuRiDA).

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