The sacking of Vice President Samuel Sam-Sumana has generated a lot of attention and talking points both within and outside the country. Civil society groups have generally criticized the move. Well now Kandeh Yumkella who is tipped to run for president in the next election has added his voice to the issue. He arrived in the country over the weekend and granted Politico an exclusive interview.
Politico: What’s your take on the current constitutional row in Sierra Leone regarding the sacking of the country’s Vice President?
Dr. Kandeh Yumkella: It is a very critical moment in our country. It is a time where we need a clear and concise interpretation of constitutional provisions. Remember the constitution of our country is what really defines the aspirations of the nation and this issue now for me is a constitutional issue that should go to the Supreme Court to determine one fundamental question: can a president, any president of this republic, relieve of his duties an elected vice president? It’s a fundamental constitutional question because my reading of it – and the reading of legal scholars I have contacted and lawyers even if the few days I have been here as well I have continued those contacts – is that there was a strenuous effort within that constitution to protect the presidency and the vice presidency from arbitrariness.
Politico: So are you suggesting that the sacking was wrong?
Dr. Kandeh Yumkella: I am suggesting that it is a Supreme Court issue where the Supreme Court should really assess this. My understanding of it, again I am not a lawyer, but my reading and understanding is only the Parliament can relieve a vice president.
Politico: Now if you say the matter should go to the Supreme Court for interpretation, the opposition Sierra Leone People’s Party, of which you are a member, is asking for street demonstrations and civil disobedience. Is that something you subscribe to?
Dr. Kandeh Yumkella: For me, as I said it is a legal question first, we should try to determine the legality of the action and get a good interpretation of those provisions for the benefit of future generations. And that’s the obligation now that the judges have. The interpretation they are going to give is not for the immediate act alone. It is establishing a precedent in the annals of Sierra Leonean history that the president can dismiss anytime the vice president. But it even has bigger political implications. Now the position taken by, also there is a political dimension of course that’s why the opposition People’s Party has given their own sets of conditions they’ve given. What I call for is calm. That there should be calm, there should be careful reflection about the implications of any actions that are taken. But again political parties have things they have to do. I cannot judge either way whether what they want to do is right or wrong, I was not in those meetings. I cannot be in political meetings. But the fact is they have a concern. And so what I call for is at this stage it is also important that the government engages the opposition, the labour congress, civil society groups to understand their own feelings about this because I could sense in the few days I have been here talking to political leaders, lawyers and others that I have been just checking with, that there is serious concern over this issue.
Politico: Do you think the time is now for any street demonstrations, do you think that is something that should be considered or that the court should be given time to deal with it first?
Dr. Kandeh Yumkella: I would say, again I put primacy on the court looking at this issue, but what I would also say to Supreme Court this is not one of those issues that are postponed inevitably as happens in the judiciary – where things are postponed – because justice delayed is justice denied. This is an issue that requires a quick reflection, discussion by the Supreme Court and they make a decision because if the decisions are delayed, if the interpretation is delayed, of course others might decide there then there has to be political expression of their views. And of course in any democracy the constitution guarantees citizens and parties to take political actions to express their views. My opinion is that this matter is serious enough and that’s what I will say to the international community. The international community invested a lot of resources and time after our war to reintroduce democracy here. People sacrificed their lives to introduce democracy in this country. The international community must take this issue seriously just like Ebola.
Politico: Are you disappointed that – as some people feel – the international community hasn’t done much on this. They saw this coming. There had been frosty relations between the president and his vice president?
Dr. Kandeh Yumkella: The international community does not solve all your internal domestic problems my friend. People think the international community should solve everything, no! At this stage why am I asking the international community to take close look, it’s because of the tensions I see.
Politico: That’s the point exactly that this has the proclivity of bringing down this country – impacting on the country’s peace and stability?
Dr. Kandeh Yumkella: I have said so that in fact in my view – it’s my humble view I have been looking at this issue over two weeks, I’m here myself, I have spoken to parliamentarians, I have spoken to a lot of people who are very concerned that this issue has bigger political implications and given our history from a very difficult conflict that resulted from things that happened 20 years before the conflict – that this is an issue that indeed will impact peace, stability and democracy going forward. So two things I emphasize: the international community must take a serious look. There is what we call preventive development. You step into a situation to advise stakeholders about what needs to be done, you ensure accountability for certain decisions to ensure that in fact people do not feel like aggrieved, people do not feel that their voices weren’t heard and therefore they have to look for alternative means of expression. And, for me, this is where I go back: the five Judges of the Supreme Court must take this issue seriously. There cannot be postponements or delays of analysis. If you look at the case of the United States, Gore versus Bush, they didn’t waste time because of the way the nation was primed looking at the decision the Supreme Court would take. They deliberated it in public because it is also a moment of education here. In fact I pray that those proceedings are televised. Why? It is education for us. I see this as one of the biggest challenges to democratic principles in our country. This should be an education for all of us – the judges sitting there, televised so people learn legality, why do we have the rule of law. For me this is an education on rule of law, let people hear their Judges, pronounce on this issue, how the cases are presented, why it is useful to go to courts because for me also it’s a challenge. Whether it is a politician or civil society groups they can trust their courts to protect them when their own rights are violated. I really look forward to all the proceedings being televised. There is no secret about this. People should be educated this should be televised. Let people appreciate why democracy has value, why the judges are there as the third estate to ensure that politicians behave, that powers behave too. This is a teachable moment. When I was a professor this is the moment you looked for to teach people. This is the time the court should be put out there let the young scholars learn what democracy and the rule of law mean, how they are reflecting on interpreting because I believe this is a major constitutional issue, we should use it well.
Politico: Have you spoken to President Ernest Bai Koroma about this?
Dr. Kandeh Yumkella: Not yet, I am hoping today [Tuesday] or tomorrow. You know I just swung in here as usual. When I come I do notify him. I called someone to let him know that I am in town and today I will be calling to see if I can pay a courtesy call, because what I have done for sitting presidents in Sierra Leone – President Kabbah and President Koroma – is when I come on these visits I stop by, we chat for 30 minutes and they say “how do you see things” and we have a frank exchange. And many times it is very frank and blunt which they all told me they appreciated because yes indeed I happen to be a senior citizen here and they appreciated, and I am hoping I will have the opportunity to sit with President Koroma and say “hey I am in town and here is what I found out and here are my views”.
Politico: And, what will you tell him about his sacking of his vice president?
Dr. Kandeh Yumkella: Oh, I will give him my own opinions of what I have seen. I know in the past he has always appreciated my frank opinion. Remember I chat with heads of state around the world and many of them appreciate the free exchange, but of course in leadership they know they know more than I do, but they appreciate my own perspectives and I will give His Excellency my own opinion of what I have heard and have seen, but also what I heard from legal scholars. Because, I keep emphasizing, I am not a lawyer but I have asked some of the best minds. We have Sierra Leonean jurists internally and externally who are teaching law, they are teaching law in western universities, I have talked to political science professors who are also deeply engaged in this. That is why I call this a teachable moment, televised those proceedings, let us learn. I myself will tune in to see whether our Judges are like those in the US, UK and other places who really and you see how they reflect on the law and how complicated these issues are. So I really look forward to that.
© Politico 24/03/15
