By Abass Jalloh
The Executive Director of the Centre for Accountability and Rule of Law (CARL), Ibrahim Tommy, has urged the leadership of the Sierra Leone Judiciary to speedily look into the recent lawsuit filed by lawyers of the main opposition All Peoples Congress (APC) against the Presidential directive to the Electoral Commission of Sierra Leone (ECSL) on the issue of Proportional Representation for the sake of justice for all parties.
Addressing a press conference on Wednesday November 30 at CARL’s Freetown Office, Tommy said the judiciary should look into their complainant and hand down a decision before the six months cut-off period starts for the 2023 elections.
According to Tommy, over the last 15 years, one of the key challenges they have recognized is dealing with resolution of electoral petitions or matters relating to electoral violence in which the two are embedded with the issue of delay that is at times “unnecessary” and avoidable.
“We understand the challenges that the judiciary faces in terms of personnel and tools, but it not just out the judges,” Tommy noted, adding that when the matter comes to court it is about the lawyers on both sides for the complainant and the defendant to ensure the matter progresses speedily.
He added that the constitution makes a provision for four months for the resolution of electoral petitions but that “it is vague in the way it is stated because it doesn't for example provide for interlocutory applications”. He therefore urged that the judiciary to ensure that if the constitution puts a stipulated period, it has the responsibility to put in place directions or guidelines for all the parties in a case to comply with the orders of the court.
It could be recalled that lawyers representing APC on 28th November 2022, said “an Originating Notice of Motion has been filed with the Supreme Court for a declaration amongst others, that the ‘Directive' by President, Rtd. Brig. Dr. Julius Maada Bio, to the Electoral Commission of Sierra Leone (ECSL), to hold public elections for ordinary Members of Parliament by the Proportional Representation System, where there are extant and subsisting constituencies, is inconsistent with section 38 (a) of Constitutional Amendment, Act No. 15 of 2001.”
The lawyers urged the Supreme Court to declare “null and void” the said directive and the statutory instrument that is laid before parliament.
They further noted that “the controversy generated by the purported Presidential Directive and the irregularity of Statutory Instrument No. 83 2022 cannot be underscored, as it degenerated into parliamentary chaos, public shock and concern.”
On 10th November 2022 CARL launched a study report of a review of administration of electoral justice in Sierra Leone in a bid to strengthen governance and accountability processes in the country, in view of the upcoming 2023 elections.
The report, which focuses on issues of causes of electoral disputes, elections management bodies, security, other institutions and more, was presented to the Sierra Leone Chief Justice, Desmond Babatunde Edwards, by the Irish Ambassador, Claire Buckley, in the presence of other electoral-related actors at his conference room at the main Law Courts building in Freetown.
As such, the objective of the study is to provide an assessment of the legal and structural environment for the effective administration of electoral justice in Sierra Leone and it assessed the capacity of existing electoral justice mechanisms in which it recommended for reforms that CARL hope it may expand opportunities for addressing electoral challenges and disputes.
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