Constitution of Sierra Leone

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The Constitution of Sierra Leone is the supreme law governing Sierra Leone and delineates its frame of government. It entered into force on October 1, 1991, following a popular referendum and approval by President Joseph Momoh. It superseded the 1978 Constitution.

Contents

The new constitution allowed for multi-party elections which were scheduled for October 1992 and ended one-party rule for the All People's Congress (APC). [1] The constitution was suspended after a military coup in April 1992. In 1996, the Constitution was reinstated and popular elections were held. An interregnum occurred between May 1997 and March 1998 when a coup d'état deposed the government.

The Constitution is divided into fourteen chapters. Sierra Leone is a constitutional republic with a directly elected president that serves as the head of state, head of government, and commander-in-chief of the armed forces. The president is elected for a term of five years for a maximum of two terms. Ministers of State and members of Sierra Leone's judiciary are appointed by the president and confirmed by the parliament through majority vote. Sierra Leone has a unicameral legislature and the constitution provides for an independent judiciary vested with the power of judicial review. The constitution offers specific protections of fundamental human rights, individual liberty and justice and places restrictions on the powers of government over the people. It can be amended through a bill of parliament that is subject to the approval of a referendum. The Constitution was last amended in 2016.

Background

Constitutional Tutelage

Sierra Leone's constitutional development originated from a British understanding of government. Originally a settlement for freed slaves, control of Sierra Leone was granted by charter to the Sierra Leone Company. Thus, the first form of government for Sierra Leone was company rule.

Sierra Leone was proclaimed a Crown Colony in 1808. The Governor was appointed by the Crown, and he was empowered to appoint members to the Advisory Council which consisted of the colonial secretary, the chief justice, and one "unofficial" member chosen by the Governor from among the inhabitants of the colony. [2] In 1863 the Advisory Council was reconstituted as a Legislative Council and an Executive Council was also created. The Executive Council was composed of members appointed by the Governor, and the Legislative Council only consisted of a small minority of high status Sierra Leoneans nominated by the government. The goal of this institutional change was to provide for more efficient management of the colony and was not an attempt to prepare Sierra Leone for self-government. [3]

In 1893 the colonial authorities allowed for the election of a municipal council in Freetown.

In 1895 the Crown acquired jurisdiction over adjoining territories to the Colony and proclaimed them to be a British Protectorate. While the Colony and the Protectorate remained legally heterogenous until 1924, the Crown was able to legislate in a concurrent fashion over the two proximate territories. [4] The 1924 constitution extended the jurisdiction of the Legislative Council and Executive Council to include the protectorate. In effect, this motivated the legal understanding for a united Sierra Leone. The Legislative Council also allowed unofficial members to be elected to it.

In 1951 a new constitution was declared for Sierra Leone by the governor, George Beresford-Stooke. A major step toward self-governance, an "unofficial" majority in the Legislative Council was introduced along with a corresponding decrease in the number of seats allocated for high-status members. Two years later, the Legislative Council was enlarged to 30 members of which 14 members were elected to represent the Protectorate. The Executive Council was also reorganized to require the Governor to appoint at least 4 members to the council from among the elected members of the Legislative Council. Some of these members of the Executive Council, including Milton Margai, were accorded ministerial oversight over various sectors of government.

More constitutional changes came in 1956 which widened the franchise for legislative elections. Women who met certain literacy and economic qualifications were allowed to vote and secret ballots were introduced. Elections were scheduled for early 1957 and the Legislative Council was to be replaced by a House of Representatives with 58 seats. The Executive Council was reformed in 1958 to include the appointment of a Premier who had support from a majority in the House of Representatives. On advice from the Premier, the Governor was required to appoint and allocate responsibilities to the Ministers. Milton Margai was appointed to that role.

Constitution of 1961

In London between April and May 1960, Milton Margai led a delegation from Sierra Leone to arrange independence from Britain and discuss how this new government would be structured. [5] An agreement was reached that Sierra Leone would gain its independence on April 27, 1961, and join the Commonwealth of Nations. Fundamental human rights provisions were entrenched in the constitution and Sierra Leone inherited a Westminster model of parliamentary democracy. As a Commonwealth state, Queen Elizabeth II would remain Sierra Leone's head of state and the prime minister would be the effective head of government.

Constitution of 1971 and 1978 amendment

Following the series of military coups between 1967 and 1968, Siaka Stevens was reinstated as Prime Minister of Sierra Leone, a position he was originally elected for in 1967. [6] In the wake of this period of political instability and economic problems, Stevens set up a Constitutional Review Commission in June 1969. At the time, Sierra Leone was along among Commonwealth African States in that it remained a Dominion with the Queen as a formal Head of State. During this period of review, whether Sierra Leone would adopt an executive or ceremonial presidency was under question and opposition groups were concerned that Stevens was aiming for an executive presidency which would make him unaccountable to the Cabinet.

A group of soldiers attempted to assassinate Stevens on March 23, 1971. Facing potential coup attempts, Stevens arranged for Guinean troops to protect the government. In April, a republican Constitution was introduced without need for a general election by implementing Albert Margai's earlier draft. The constitution was then promptly amended to create an executive presidency, which Stevens assumed.

In 1977 student demonstrations took place across the country and an election was called. During the election, Stevens utilized his "Internal Security Unit" to intimated and persecute opponents of his APC party. [7] On occasion these confrontations devolved into violence. Expectedly, Stevens' party won 65 of the 80 seats in parliament. A constitutional amendment was introduced and passed by referendum in 1978 to turn Sierra Leone into a one-party state. Stevens would remain the President of Sierra Leone until handing over power to Joseph Momoh on November 28, 1985, in a staged election.

History

In 1990 the United Nations Development Program released its first Human Development Report and ranked Sierra Leone the fourth lowest in terms of its Human Development Index. [8] A year later, Sierra Leone would occupy the absolute lowest position.[ citation needed ] Externally, the post-Cold War landscape was having an effect on politics. The government was facing pressures to democratize as the United States and the IMF insisted that financial assistance be tethered to evidence of democratization. Sierra Leone was in an extreme period of economic decline, social disintegration, and political corruption. [7] In the face of these problems, at the 1990 conference of the Sierra Leone Bar Association members voted unanimously for a return to multi-party democracy, citing one-party rule as a source of national disunity, mistrust, poverty, and corruption. Student groups increasingly appealed for a return to multi-party elections.

In September 1990, President Momoh convened a Constitutional Review Commission which ultimately recommend for the drafting of a new constitution that would restore multiparty politics. [9] Accepting the commission's report which included a draft constitution, President Momoh took steps to get the new constitution through Parliament. [3] During the proceedings, a bicameral legislature was proposed, but rejected by the government. [3] Voters approved the new constitution in a referendum in August 1991.

The constitution, however, was relatively short-lived. The Sierra Leone Civil War had begun and Mohmoh's government found itself vulnerable to internal challenges. In April 1992, a cadre of junior military officers, calling themselves the National Provisional Ruling Council, overthrew Momoh's government and suspended the constitution by declaration. [10] In 1996 power was transferred back to civilian rule, the constitution was reinstated, and Ahmad Kabbah was elected as president in March 1996. In March 1997, another military coup occurred and Kabbah was ousted from power. Less than a year later, Nigerian-led ECOMOG forces drove the junta out of Freetown, reinstating the constitution and Kabbah as president. Since then, the Constitution has been in full effect.

Aside from ending one-party rule, the constitution also made other alterations from the 1978 constitution. The new constitution makes serious commitments to personal liberty, democracy, and fundamental human rights, contains provisions that do not allow for political organizations structured around ethnic, tribal or religious affiliations, and creates greater separations between the three main branches of government. The new constitution created an office of Ombudsman which helps to protect individuals against administrative wrongs and abuses of governmental power. [11]

Related Research Articles

<span class="mw-page-title-main">Sierra Leone</span> Country on the southwest coast of West Africa

Sierra Leone, officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It shares its southeastern border with Liberia, and the northern half of the nation is surrounded by Guinea. Covering a total area of 71,740 km2 (27,699 sq mi), Sierra Leone has a tropical climate, with diverse environments ranging from savanna to rainforests. The country has a population of 7,092,113 as of the 2015 census. Freetown is the capital and largest city. The country is divided into five administrative regions, which are subdivided into 16 districts.

Sierra Leone first became inhabited by indigenous African peoples at least 2,500 years ago. The Limba were the first tribe known to inhabit Sierra Leone. The dense tropical rainforest partially isolated the region from other West African cultures, and it became a refuge for peoples escaping violence and jihads. Sierra Leone was named by Portuguese explorer Pedro de Sintra, who mapped the region in 1462. The Freetown estuary provided a good natural harbour for ships to shelter and replenish drinking water, and gained more international attention as coastal and trans-Atlantic trade supplanted trans-Saharan trade.

<span class="mw-page-title-main">Republic of Sierra Leone Armed Forces</span> Combined armed forces of Sierra Leone

The Republic of Sierra Leone Armed Forces are the armed forces of Sierra Leone, responsible for the territorial security of Sierra Leone's borders and defending the national interests of Sierra Leone, within the framework of the 1991 Sierra Leone Constitution and International laws. The armed forces were formed after independence in 1961, on the basis of elements of the former British Royal West African Frontier Force, then present in the Sierra Leone Colony and Protectorate.

<span class="mw-page-title-main">Milton Margai</span> 1st Prime Minister of Sierra Leone from 1961 to 1964 (1895–1964)

Sir Milton Augustus Strieby Margai was a Sierra Leonean medical doctor and politician who served as the country's head of government from 1954 until his death in 1964. He was titled chief minister from 1954 to 1960, and then prime minister from 1961 onwards. Margai studied medicine in England, and upon returning to his homeland became a prominent public health campaigner. He entered politics as the founder and inaugural leader of the Sierra Leone People's Party. Margai oversaw Sierra Leone's transition to independence, which occurred in 1961. He died in office aged 68, and was succeeded as prime minister by his brother Albert. Margai enjoyed the support of Sierra Leoneans across classes, who respected his moderate style, friendly demeanor, and political savvy.

<span class="mw-page-title-main">Ahmad Tejan Kabbah</span> 3rd President of Sierra Leone (1996–97, 1998–2007)

Alhaji Ahmad Tejan Kabbah was a Sierra Leonean politician who served twice as the 3rd President of Sierra Leone, from 1996 to 1997 and again from 1998 to 2007. An economist and attorney by profession, Kabbah spent many years working for the United Nations Development Programme. He retired from the United Nations and returned to Sierra Leone in 1992.

<span class="mw-page-title-main">Sierra Leone People's Party</span> Political party in Sierra Leone

The Sierra Leone People's Party (SLPP) is one of the two major political parties in Sierra Leone, along with its main political rival the All People's Congress (APC). It has been the ruling party in Sierra Leone since 4 April 2018. The SLPP dominated Sierra Leone's politics from its foundation in 1951 to 1967, when it lost the 1967 parliamentary election to the APC, led by Siaka Stevens. Originally a centre-right, conservative party, it identifies since 2012 as a centre-left social democratic party, with a centrist tendency.

<span class="mw-page-title-main">President of Sierra Leone</span> Head of state and head of government of Sierra Leone

The president of the Republic of Sierra Leone is the head of state and the head of government of Sierra Leone, as well as the commander-in-chief of the Armed Forces.

<span class="mw-page-title-main">Siaka Stevens</span> Leader of Sierra Leone from 1967-85

Siaka Probyn Stevens was the leader of Sierra Leone from 1967 to 1985, serving as Prime Minister from 1967 to 1971 and as President from 1971 to 1985. Stevens' leadership was often characterized by patrimonial rule and self-indulgence, consolidating power by means of corruption and exploitation.

<span class="mw-page-title-main">Joseph Saidu Momoh</span> President of Sierra Leone from 1985-92

Major General Joseph Saidu Momoh, OOR, OBE was a Sierra Leonean politician and military officer who served as the second President of Sierra Leone from November 1985 to 29 April 1992.

<span class="mw-page-title-main">Julius Maada Bio</span> President of Sierra Leone since 2018

Julius Maada Wonie Bio is a Sierra Leonean politician, and the current president of Sierra Leone since 4 April 2018. He is a retired brigadier in the Sierra Leone Army and was the military head of state of Sierra Leone from 16 January 1996 to 29 March 1996, in a military junta government known as the National Provisional Ruling Council (NPRC).

Sir Albert Michael Margai was the second prime minister of Sierra Leone and the half-brother of Sir Milton Margai, the country's first Prime Minister. He was also the father of Sierra Leonean politician Charles Margai.

<span class="mw-page-title-main">Parliament of Sierra Leone</span> The legislature of Sierra Leone

Parliament of Sierra Leone is the legislative branch of the government of Sierra Leone. It is principally responsible for making laws. The Sierra Leone parliament consists of 149 members, of which 135 members are directly elected from across Sierra Leone's 16 districts, while 14 are paramount chiefs appointed from the 14 rural districts. The parliament is led by the Speaker of the House; the position is currently held by Abass Bundu of the Sierra Leone People's Party. The current elected 135 ordinary members of parliament are composed of members of the All People's Congress and the Sierra Leone People's Party which are the two largest political parties in Sierra Leone.

<span class="mw-page-title-main">Charles Margai</span> Sierra Leonean politician and constitutional lawyer

Charles Francis Kondo Margai is a Sierra Leonean politician and constitutional lawyer who served as Attorney General and Minister of Justice of Sierra Leone in 2018.

Patricia Kabbah was a Sierra Leonean lawyer who served as First Lady of Sierra Leone from 1996 to 1998. She was the first wife of Sierra Leone's third president, Ahmad Tejan Kabbah. She is widely regarded as one of the most influential first ladies in the history of Sierra Leone.

<span class="mw-page-title-main">Tinga Seisay</span>

Samuel Tinga Khendekha Seisay was a Sierra Leonean diplomat and pro-democracy activist.

<span class="mw-page-title-main">Ella Koblo Gulama</span> Sierra Leone politician

Paramount Chief Ella Koblo Gulama OBE, GCOR was a Sierra Leonean paramount chief and politician. In 1957, she became the first elected female Member of Parliament in Sierra Leone. She was re-elected in 1962. During the government of Milton Margai, Gulama became Sierra Leone and sub-Saharan Africa's first female Cabinet Minister.

<span class="mw-page-title-main">1951 Sierra Leonean general election</span>

General elections were held in Sierra Leone Colony and Protectorate in November 1951.

<span class="mw-page-title-main">History of Sierra Leone (1961–1978)</span> Eazi

In April 1961, Sierra Leone became politically independent of Great Britain. It retained a parliamentary system of government and was a member of the British Commonwealth of Nations. The Sierra Leone People's Party (SLPP), led by Sir Milton Margai were victorious in the first general election under universal adult franchise in May 1962. Upon Sir Milton's death in 1964, his half-brother, Sir Albert Margai, succeeded him as Prime Minister. Sir Albert attempted to establish a one-party state had the ready cooperation of the opposition All People' Congress but met fierce resistance from some cadre within his party Sierra Leone People's Party (SLPP) and ultimately abandoned the idea.

<span class="mw-page-title-main">Sierra Leone Colony and Protectorate</span> British colony (1808–1861) and protectorate (1896–1961)

The Colony and Protectorate of Sierra Leone was the British colonial administration in Sierra Leone from 1808 to 1961, part of the British Empire from the abolitionism era until the decolonisation era. The Crown colony, which included the area surrounding Freetown, was established in 1808. The protectorate was established in 1896 and included the interior of what is today known as Sierra Leone.

References

  1. "Constitute" (PDF). www.constituteproject.org. Retrieved 2022-04-27.
  2. Pham, John-Peter (2006). The Sierra Leonean tragedy : history and global dimensions. New York: Nova Science Publishers. ISBN   1-59454-922-2. OCLC   62888141.
  3. 1 2 3 Thompson, Bankole (1997). The constitutional history and law of Sierra Leone (1961-1995). Lanham: University Press of America. ISBN   0-7618-0473-0. OCLC   35103419.
  4. Thompson, Bankole (1997). The constitutional history and law of Sierra Leone (1961-1995). Lanham: University Press of America. ISBN   0-7618-0473-0. OCLC   35103419.
  5. Harris, David (2014). Sierra Leone : a political history. New York. ISBN   978-0-19-023794-3. OCLC   889812827.{{cite book}}: CS1 maint: location missing publisher (link)
  6. Clapham, Christopher (1972). "Sierra Leone: Civilian Rule and the New Republic". The World Today. 28 (2): 82–91. ISSN   0043-9134. JSTOR   40394595.
  7. 1 2 Gberie, Lansana (1998). War and state collapse: The case of Sierra Leone (MA thesis). Wilfrid Laurier University.
  8. "Human Development Report 1990". 1990.{{cite journal}}: Cite journal requires |journal= (help)
  9. Fyle, C. Magbaily (2006). Historical dictionary of Sierra Leone. Cyril P. Foray (New ed.). Lanham, Md.: Scarecrow Press. ISBN   978-0-8108-6504-4. OCLC   299166949.
  10. Dumbuya, Peter A. (c. 2008). Reinventing the Colonial State : constitutionalism, One-Party Rule, and Civil War in Sierra Leone. New York. ISBN   978-0-595-48493-5. OCLC   935714869.
  11. AfriMAP (2014). Sierra Leone : justice sector and the rule of law. Mohamed Suma, Open Society Initiative for West Africa. Dakar, Senegal. ISBN   978-1-920677-12-1. OCLC   956516480.{{cite book}}: CS1 maint: location missing publisher (link)