By referring the constitutional amendment bill to the Supreme Court, President Bio puts the Judiciary on trial
You likely must have heard the aphorism that in a Court of Law, both parties know the truth and it’s the judge who is on trial. That description perfectly fits the situation we have in hand where the Sierra Leone People’s Party (SLPP) Government is attempting an onslaught on the 1991 Constitution in its desperate attempt to stay in power.
It has so far failed, with public opinion overwhelmingly against them, not having the required threshold in the legislature and a general lack of backing. Not minding all these, when it was time to vote on the bill entitled Constitution of Sierra Leone (Amendment) Act 2025, the Speaker of Parliament Hon. Segehpoh Solomon Thomas decided to be ludicrous, opting for a simple majority vote on individual clauses according to Section 91 instead of the two thirds threshold prescribed by Section 108(2)(b) of the Constitution.
At that very moment, our Members of Parliament walked out because staying in would have meant complicity in the assault of the Constitution which we all know amounts to treason. Subsequently the bill was purportedly passed using a simple majority vote by the MPs present in Parliament.
Following the botched amendment, the bill was sent to the president for his assent. Thanks to the APC Executive, our MPs, the media and all upright lawyers in Sierra Leone for mounting and sustaining the pressure that prevented President Julius Maada Bio from signing that so-called legislation. Now the president is saving himself. On September 14, he referred a petition from the Institute for Governance Reform (IGR) to the Supreme Court, where Comrade Osman Timbo (Hon., Esq), the APC Leadership in Parliament and the two members of the Lawyers’ Society, Thomas Moore Conteh Esq and Tamba Kellie Esq had already filed cases on the issue.
The Judiciary is now on trial. On September 15, it informed us that all the cases will be heard on October 7 - three days from now. Everyone knows you can’t alter or amend the Constitution with a simple majority - even the Speaker, Thomas, knows this. He probably did what he did out of pressure. The same pressure the SLPP MPs, and the Attorney General are under.
My hope is that the president particularly sent that petition to Parliament because he has realised that the Speaker was wrong and that it would be too embarrassing for him to send the bill back to Parliament.
Hon. Hindolo Gevao is one of the most brilliant lawyers within the SLPP. While he was arguing at the national debate on the Constitutional Amendment Bill organised by the Media Coalition and the Institute for Legal Research and Advocacy for Justice (ILRAJ), he made a point that threw the Speaker under the bus. Gevao argued that amending the Constitution requires a vote of two thirds of the Members of Parliament present and voting. He himself knows this is not correct. Section 44(3) of the Standing Orders of Parliament clearly stated that you need two thirds of ALL the 149 Members of Parliament. But even going by Gevao’s argument tells you that the Speaker was absolutely wrong in passing the bill with a simple majority.
President Bio, I’m sure, has been made to understand this. As a result, he has given the job of correcting this comedy of errors to the Supreme Court. All eyes are now on them. The Judiciary exists to keep the executive in check and not to rubberstamp its decision. The Supreme Court Judges that will sit on this case should know that they are writing their history. They hold the pen and how they decide this case will be what they will be remembered for. All of them, while being sworn in, vowed fidelity to the Constitution and dispensing justice without fear or favour. That solemn promise flashes through their minds in this case.
It’s important for them to know as well that the judiciary for years has not had the greatest of reputation. This is an opportunity to change that incredibly grotesque characterisation of being corrupt to a system that is just, protects the constitution and restrains power. The Truth and Reconciliation Commission(TRC) report heavily blames the Judiciary for the bloody civil war. This is, by far,is the most high-profile case this arm of government has had before it in a long time. Its decision could make or break the country. And could have far-reaching consequences too.
To President Bio, I know he is facing a lot of whispers here and there at this point. The best way to navigate such a complex situation is to listen to the voices of conscience and not sycophancy. He is leaving power now and for most presidents, your legacy will be as good as what you did in your last days in office.
People like Sulaiman Banja Tejan-Sie who has headed the administrative wing of SLPP as Secretary General has publicly called on him to not sign that bill. His views may be unpopular, if not isolated for a ruling party member, and may not be the best in a climate where common sense is traded for political expediency, but acting on it will likely be the wisest decision of the Bio-presidency. Time will tell and actions have consequences. Until then, let common sense prevail. All eyes on the Judiciary.