REPORT OF THE

COMMISSION TO REVIEW

THE CONSTITUTION OF SIERRA LEONE, 1991

 

 

 

 

 

TABLE OF CONTENTS

Introduction

Amendments recommended

Chapter 1 - The Republic of Sierra Leone

Chapter II - Fundamental Principles of State Policy

Chapter III - Citizenship

Chapter IV - The Recognition and Protection of

Human Rights and Freedoms

of the individual

Chapter V - The Representation of the People

Chapter VI - The Executive

Chapter VII - The Legislature

Chapter VIII - The Judiciary

Chapter IX - The Ombudsman

Chapter X - Human Rights Commission

Chapter XI - Local Government

Chapter XII - Commissions of Inquiry

Chapter XIII - The Public Service Commission

Chapter XIV - The Republic of Sierra Leone Armed Forces

Chapter XV - Prisons Service Council

Chapter XVI - Extractive Industries Transparency

Commission

Chapter XVII - Independent Forces Complaints Commission

Chapter XVIII - Non-Governmental Organizations (NGOs)

Regulatory Board

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I N T R O D U C T I O N

Government Notice No.6, Vol. CXXXVIII of the Sierra Leone Gazette No. 2 of Thursday, 11th

January 2007, published the establishment and membership of a Commission for the review

of the 1991 Constitution with the following Terms of Reference:

“To review the Sierra Leone Constitution of 1991 with a view to recommending

amendments that might bring it up-to-date with the economic, social and political

developments that have taken place nationally and internationally since 1991”.

2. The Commission was also asked to take into consideration the following among others:

􀂙 “The experience gained since 1996 in the implementation of the 1991

Constitution;

􀂙 Omissions and lacuna in the 1991 Constitution which affect its operation as

a democratic Constitution;

􀂙 Improvement on certain provisions of the Constitution that may enhance

democratic governance; and

􀂙 Whether the fundamental principles of State Policy should be justifiable.”

3. The under-mentioned persons were appointed to represent the following organizations

and institutions:

Dr. Peter L. Tucker

CHAIRMAN

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ALL PEOPLES CONGRESS PARTY

Mr. William J. Smith

Mr. Osman F. Yansaneh

ALL POLITICAL PARTIES ASSOCIATION

Madam Isata D. Banugra - PMDC

Mr. Mahmoud Ahmed Koroma - PDP

Mr. Sulaiman Lionel Thomas - NDA

Mr. Samuel Gbessay Kanu (Deceased) - RUFP

Mr. Osman B. Conteh - UNPP

CAMPAIGN FOR GOOD GOVERNANCE

Ms. Valnora Edwin

CIVIL SOCIETY MOVEMENT – SIERRA LEONE

Mr. Festus Ewaaka Minah

COALITION OF CIVIL SOCIETY AND HUMAN RIGHTS ACTIVISTS

Mr. Charles Mambu

COUNCIL OF PARAMOUNT CHIEFS

Alhaji P.C. I.B. Kamara-Koroma

P.C. Dr. J. Sinnah-Yovonie Kangova II

P.C. Alhaji Yembeh Mansaray III

FIFTY/FIFTY GROUP OF SIERRA LEONE

Mrs. Harriett Turay

INTER-RELIGIOUS COUNCIL OF SIERRA LEONE

Alhaji Dr. A.B. Karim

Rev. L.B. Rogers-Wright

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LAW OFFICERS’ DEPARTMENT

Tunde Cole Esq.

O.V. Robbin-Mason Esq.

LAW REFORM COMMISSION

Hon. Justice N.C. Browne-Marke

E.E.C. Shears-Moses Esq.

LOCAL COUNCIL

Dr. Wusu Sannoh

Mr. David Woobay

NATIONAL COMMISSION FOR DEMCORACY

Mr. George Coleridge-Taylor

NATIONAL UNION OF SIERRA LEONE STUDENTS

Mr. Umaru Koroma

NJALA UNIVERSITY

Professor A.M. Alghali

OFFICE OF THE OMBUDSMAN

Francis Gabbidon Esq.

PRESIDENT’S NOMINEES

Mr. Onesimus Babatunde Walker

Mr. Josef O. Carpenter

SIERRA LEONE ASSOCIATION OF JOURNALISTS

Alhaji Ibrahim Ben Kargbo

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SIERRA LEONE ASSOCIATION OF NON-GOVERNMENTAL ORGANIZATIONS

Mr. Aiah Foday-Khabenje

SIERRA LEONE CHAMBER OF COMMERCE, INDUSTRY AND AGRICULTURE

Alhaji Musa King

SIERRA LEONE LABOUR CONGRESS

Mr. Mohamed A. Deen

SIERRA LEONE MARKET WOMEN’S ASSOCIATION

Ms. Marie Bangura

SIERRA LEONE PEOPLE’S PARTY

Mr. Anthony Y. Brewah

Hon. Dr. Bernadette Lahai

SIERRA LEONE TEACHERS UNION

Mr. Abdulai B. Koroma

Mr. Davidson A. Kuyateh

THE GOVERNMENT PRINTER

Mr. B.J. Temple

THE JUDICIARY

Hon. Justice M.E. Tolla Thompson

Hon. Justice Salimatu Koroma

THE REPUBLIC OF SIERRA LEONE ARMED FORCES

LT. COL. I.M. Koroma

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THE SIERRA LEONE BAR ASSOCIATION

Nasiru D. Tejan-Cole Esq.

Yada Williams Esq.

THE SIERRA LEONE POLICE

Superintendent M.B. Kamara

THE UNIVERSITY OF SIERRA LEONE

Eke Halloway Esq.

SECRETARY

Mr. S.A.T. Tamu

4. The Secretariat was assisted by two Research Assistants of the Law Reform Commission,

i.e. Mr. Drucil Taylor and Ms. Viola Johnson and a Legal Counsel of the National Public

Procurement Authority, Mr. Farid Alghali.

The Administrative Staff of the Commission included an Accountant, Mr. Sahr M.K.

James, two Computer Typists, Mrs. Cecilia Paton-Cole and Mrs. Georgiana Johnson. The

support staff included three messengers, Messrs Foray Swarray, Olick Parker and Alfred

Banugra and two drivers. Messrs Abu Koroma and Foday Bangura. The Commission was

housed at the Law Reform Commission’s Office, 3A Wellington Street, by the kind

permission of the Law Reform Commission.

5. The Commission was formally launched on the 27th of January 2007. Meetings were

held on Tuesdays and Thursday 2 p.m. – 5 p.m. and on Saturdays, 10 a.m. – 1 p.m.

The meetings were held in private in order to encourage Commissioners to express their

views freely. The quorum for the meetings was fixed at twelve, which allowed the

Commission to commence its work without any delay. However, actual attendance at

meetings was always far above that number. Every member of the Commission was

encouraged to speak on any topic and was given as much time as was necessary to do

so. Decisions were taken by consensus.

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6. The Commission started by having radio discussions, a Press Conference and Press

Release of its terms of reference and inviting the public to submit to its secretariat their

views and comments. The following were among those who responded immediately:

7. Dr. Abdulai O. Conteh, Chief Justice of Belize.

8. Mr. O.B. Walker

9. The Sierra Leone Association of Journalists (SLAJ) also submitted a paper entitled “A

Position Statement on Media Law Reform.”

10. Mr. Benedict Sannoh, Chief, Human Rights and Rule of Law Section, United Nations

Integrated office in Sierra Leone (UNIOSIL) delivered a Paper entitled “The human

Rights provisions of the 1991 Constitution and the Way Forward”.

11. The Commission thoroughly discussed the Constitution, section by section, taking the

above submissions into account, and made references to several Constitutions in Africa

and the developed world. Frequent references were made to the Constitutions of the

United Kingdom and the United States of America, as well as the Constitutions of Ghana,

South Africa and Nigeria. However, the proposed amendments were based mainly on

practical experiences gained during the last seventeen (17) years and the need to fill any

lacuna to improve upon some of the provisions so as to make them functional.

12. The Commission also discussed and agreed to recommend the inclusion of the following

provisions which are not in the 1991 Constitution: a Second Chamber of Parliament, the

Prisons Service Council; Independent Forces Complaints Commission; Parliamentary

Service Commission; Extractive industries transparency Commission, Citizenship and the

Non-Governmental Organizations Regulatory Board.

13. A Preliminary Report which formed the basis of a nation-wide consultation was produced

in March, 2007.

14. The Preliminary Report was introduced to the public at a Press Conference held at the

British Council on April 15, 2007. The Press Conference was attended by members of

both the electronic and print media as well as members of the diplomatic corps, the

 

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