constitution of Sierra Leone
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The Constitution of Sierra Leone is the supreme law governing
Sierra Leone Sierra Leone,)]. officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered by Liberia to the southeast and Guinea surrounds the northern half of the nation. Covering a total area of , Sierr ...
and delineates its frame of government. It entered into force on October 1, 1991, following a popular 1991 Sierra Leonean constitutional referendum, referendum and approval by President
Joseph Momoh Major General Joseph Saidu Momoh, OOR, OBE (January 26, 1937 – August 3, 2003) served as President of Sierra Leone from November 1985 to 29 April 1992. Early life and education Joseph Saidu Momoh was born on January 26, 1937, in Binkolo, ...
. It superseded the 1978 Constitution. The new constitution allowed for
multi-party elections In political science, a multi-party system is a political system in which multiple political parties across the political spectrum run for national elections, and all have the capacity to gain control of government offices, separately or in c ...
which were scheduled for October 1992 and ended
one-party rule A one-party state, single-party state, one-party system, or single-party system is a type of sovereign state in which only one political party has the right to form the government, usually based on the existing constitution. All other parties ...
for the
All People's Congress The All People's Congress (APC) is one of the two major political parties in Sierra Leone, the other being its main political rival the Sierra Leone People's Party (SLPP). The APC has been the main opposition party in Sierra Leone since 4 Ap ...
(APC). 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 A coup d'état (; French for 'stroke of state'), also known as a coup or overthrow, is a seizure and removal of a government and its powers. Typically, it is an illegal seizure of power by a political faction, politician, cult, rebel group, m ...
deposed the government. The Constitution is divided into fourteen chapters. Sierra Leone is a
constitutional republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th ...
with a directly elected
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
that serves as
Head of State A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
,
Head of Government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, ...
, 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 Minister of State is a title borne by politicians in certain countries governed under a parliamentary system. In some countries a Minister of State is a Junior Minister of government, who is assigned to assist a specific Cabinet Minister. In o ...
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 Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...
legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
and the constitution provides for an
independent judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inter ...
vested with the power of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. The constitution offers specific protections of fundamental
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
, 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. 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. In 1893 the colonial authorities allowed for the election of a municipal council in
Freetown Freetown is the capital and largest city of Sierra Leone. It is a major port city on the Atlantic Ocean and is located in the Western Area of the country. Freetown is Sierra Leone's major urban, economic, financial, cultural, educational and po ...
. 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. 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 Sir George Beresford-Stooke (3 January 1897 – 7 April 1983) – always known as "Toby" - was Chief Secretary to Northern Rhodesia, and later appointed Governor of Sierra Leone from September, 1947 until December 1952. Beresford-Stooke was bor ...
. 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 Sir Milton Augustus Strieby Margai (7 December 1895 – 28 April 1964) 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 ...
, 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. An agreement was reached that Sierra Leone would gain its independence on April 27, 1961, and join the
Commonwealth of Nations The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the ...
. Fundamental human rights provisions were entrenched in the constitution and Sierra Leone inherited a Westminister model of parliamentary democracy. As a Commonwealth state, Queen Elizabeth II would remain Sierra Leone's
Head of State A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
and the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
would be the effective
Head of Government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, ...
.


Constitution of 1971 and 1978 amendment

Following the series of military coups between 1967 and 1968,
Siaka Stevens Siaka Probyn Stevens (24 August 1905 – 29 May 1988) was the leader of Sierra Leone from 1967 to 1985, serving as Prime Minister of Sierra Leone, Prime Minister from 1967 to 1971 and as President from 1971 to 1985. Stevens' leadership was ofte ...
was reinstated as Prime Minister of Sierra Leone, a position he was originally elected for in
1967 Events January * January 1 – Canada begins a year-long celebration of the 100th anniversary of Confederation, featuring the Expo 67 World's Fair. * January 5 ** Spain and Romania sign an agreement in Paris, establishing full consular and ...
. 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. 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 A one-party state, single-party state, one-party system, or single-party system is a type of sovereign state in which only one political party has the right to form the government, usually based on the existing constitution. All other parties ...
. 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 The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
Development Program released its first '' Human Development Report'' and ranked Sierra Leone the fourth lowest in terms of its
Human Development Index The Human Development Index (HDI) is a statistic composite index of life expectancy, education (mean years of schooling completed and expected years of schooling upon entering the education system), and per capita income indicators, wh ...
. A year later, Sierra Leone would occupy the absolute lowest position. Externally, the post-Cold War landscape was having an effect on politics. The government was facing pressures to democratize as the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
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. 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. Accepting the commission's report which included a draft constitution, President Momoh took steps to get the new constitution through Parliament. During the proceedings, a bicameral legislature was proposed, but rejected by the government. Voters approved the new constitution in a referendum in August 1991. The constitution, however, was relatively short-lived. The
Sierra Leone Civil War The Sierra Leone Civil War (1991–2002), or the Sierra Leonean Civil War, was a civil war in Sierra Leone that began on 23 March 1991 when the Revolutionary United Front (RUF), with support from the special forces of Liberian dictator Char ...
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 Sierra Leone first became inhabited by Indigenous peoples of Africa, indigenous African peoples at least 2,500 years ago. The Limba people (Sierra Leone), Limba were the first tribe known to inhabit Sierra Leone. The dense tropical rainforest p ...
, overthrew Momoh's government and suspended the constitution by declaration. In 1996 power was transferred back to civilian rule, the constitution was reinstated, and Ahmad Kabbah was elected as president in
March 1996 File:1996 Events Collage.png, From left, clockwise: A bomb explodes at Centennial Olympic Park in Atlanta, set off by a radical anti-abortionist; The center fuel tank explodes on TWA Flight 800, causing the plane to crash and killing everyone on ...
. In March 1997, another military coup occurred and Kabbah was ousted from power. Less than a year later, Nigerian-led
ECOMOG The Economic Community of West African States Monitoring Group (ECOMOG) was a West African multilateral armed force established by the Economic Community of West African States (ECOWAS). ECOMOG was a formal arrangement for separate armies to work ...
forces drove the junta out of
Freetown Freetown is the capital and largest city of Sierra Leone. It is a major port city on the Atlantic Ocean and is located in the Western Area of the country. Freetown is Sierra Leone's major urban, economic, financial, cultural, educational and po ...
, 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.


References

{{Constitutions of Africa
Sierra Leone Sierra Leone,)]. officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered by Liberia to the southeast and Guinea surrounds the northern half of the nation. Covering a total area of , Sierr ...
Politics of Sierra Leone