Amending Sierra Leone’s 1991 Constitution

The review of laws is very cardinal to the economic, socio-cultural and political advancement of countries. This is the case because laws become obsolete with the passage of time. It is said that the primordial justification for the revision of laws is to bring them up-to-date with developments that have taken place nationally and internationally since they were enacted.

Sierra Leone like many other African countries has made tremendous progress in the area of domesticating international treaties and agreements albeit signing some to meet the conditionalities of some donor country or agency.

Since 1996 when the country held it first democratic multi-party elections under the 1991 Constitution, many Acts which are consistent with the provisions of the 1991 Constitution have been passed into law. Although these laws are paramount for socio-economic and political advancement, the need to review the Supreme Law of the Land cannot be overemphasized.

Consequently, the Lome Peace Accord which was signed in 1999 recommended a review of the that Constitution, the Truth and Reconciliation Commission (TRC) also advised the Government of Sierra Leone to review the said statute. The SLPP led Government of Ahmad Tejan Kabba spear-headed the process by setting up the Peter Tucker Commission.

However the recommendations of that Commission were never made public neither were they debated for the necessary amendments to be effected. President Ernest Bai Koroma has underscored the need to review this same constitution when he assumed the mantle of leadership in 2007. In view of that, a broad ranging 80 member Constitutional Review Committee (CRC) has been set up to review that Supreme Law of Sierra Leone.

On the 30^th July 2013, President Koroma launched the CRC at the Miatta Conference Centre in Freetown. Since then, the Committee has met thrice to prepare the ground for nation-wide sensitization followed by consultations. With representation from political parties, civil society, the media, women, the disabled, students, youths and other governmental agencies, the argument is hitting up. The Terms of Reference (TOR), Rules of procedure, quorum, work plan for the review and other issues of prime importance are being discussed presently.

If the proposed work plan is anything to go by, then the sensitization will start anytime soon. As this happens, concerned stakeholders are wondering which sections of the existing constitution would be reviewed and which ones would remain untouched. The youths have already started the campaign for a revision of Paragraph (c) of Section 41 of the Constitution of Sierra Leone 1991 which deals with the age limit to contest the presidency. They strongly believed that the age limit must be reduced from 40 to 35 years. The CRC would have to do the necessary consultations and people will submit their views on that sensitive proposal.

Action Aid International Sierra Leone is deeply concerned about women`s right to own land, they are therefore campaigning for a revision of section 27(4)(d) which according to them is contradictory to sec 27(1). They say Paragraph (d) of subsection 4 of section 27 enforces customary laws which discriminate against women`s access to and control over land.

With his clarion call for a confederation, Dr Omodele Jones is concerned about the political system, for this reason he is campaigning for an overhaul of the current system of government. The Inclusive National Conversation (TINC) aims at creating an avenue for Sierra Leoneans to choose between the unitary or centralized system of government and the confederal system. His argument is based on his conviction that the current political system is highly responsible for Sierra Leone`s backwardness over the last 50 years.

A silent majority thinks that (as provided for in the 1991 constitution), presidents wield enormous power that makes them very powerful.

Already the Peter Tucker Commission Report of 2008 has made recommendations for a review of some sections of the 1991 Constitution, among them is the creation of a new chapter dealing with citizenship, the creation of a second Chamber of Parliament to be known as the Senate as obtained in other Republican Constitutions, the Prisons Service Council, the Independent Forces Complaints Commission and many other amendments.

Whatever the case, the CRC has a crucial role to play in this review process if the wishes and aspirations of the people of Sierra Leone are to be met. The sensitization and consultations must be thoroughly done in every nook and cranny of this Republic so that the views of the overwhelming majority will be incorporated into the revised document. They must dispassionately discharge their duties for the betterment of Sierra Leone. Posterity will hold not only members of the CRC but also Parliamentarians in the current Parliament responsible should they enact laws that will be detrimental to the economic, social, cultural and political well being of Sierra Leone.

By Mohamed Faray Kargbo

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