Monday 15 January 2018

TITBITS OF OUR SIERRA LEONE CONSTITUTION:2



Constitution says to block Dual Citizens from sitting in our Parliament.
🤔Next Step is to immediately remove them from Cabinet.

{Sierra Leone’s 1991 Constitution Bill.  Section 76 (1) Act No. 6 states that: "No person shall be qualified for election as a member of Parliament (a) if he is a naturalised citizen of Sierra Leone or is a citizen of a country other than Sierra Leone having become such a citizen voluntarily or is under a Declaration of Allegiance to such a country.”}





‼‼ *Sylvia Blyden Warns Cabinet May Be Contaminated*

👉Noted Sierra Leonean Constitutional Commentator Dr. Sylvia Olayinka Blyden, who has written and published numerous well-respected Opinions on the 1991 Constitution of Sierra Leone, has in a piece shared widely over the Internet on Sunday January 14th 2018, stated her "100% support" for the recent controversial decision of President Koroma and the ruling All Peoples Congress (APC) to refuse to give APC party symbols for Parliamentary tickets to any person who held another citizenship other than Sierra Leone. Blyden has however raised concerns over reports that persons of dual citizenship may be seated in the current Cabinet of President Koroma. She said she had no evidence of that being the case but warned that if indeed that was the case, it was a contamination of the constitutional expectation of what the Cabinet should be composed of. She described such a Cabinet as "dangerously contaminated".

Section 76.1.(a) of Sierra Leone constitution Act No 6, prohibits for anyone to become a parliamentarian if that person holds another citizenship other than Sierra Leonean.

According to Dr. Sylvia Blyden, she said she had conducted diligent research which shows this prohibition of dual nationality citizens, has been the case since the 1971 Constitution as amended in 1974 when Section 22(1)(a) of that Constitution prohibited any person of dual citizenship to be elected as Parliamentarians and consequently become Cabinet Ministers or Vice-President and also same applied for President.

This prohibition, she insisted, continued in the 1978 Constitution and again was included in the 1991 Constitution which is the Constitution still in use. 

She said to show the deliberate intent to protect the Cabinet from being occupied by persons of Dual Nationality, even when the 1991 Constitution stopped Ministers from being chosen amongst Parliamentarians as used to happen before, yet still a special new sub-section was created under Section 56 of that 1991 Constitution which most categorically prohibited from ever sitting in our sacred Cabinet, anyone not qualified to be a parliamentarian (including Dual Nationality persons).

Dr. Blyden therefore revealed that it was nothing new but rather, it has been the case since the seventies that no person of dual nationality can sit in Sierra Leone Parliament or become a Cabinet Minister or Vice-President or President.

However, the provision had been ignored since 1996 when democracy was re-instituted in Sierra Leone’s ongoing second republic. The belated decision in 2018 to therefore deny symbols to such aspirants, has brought much controversy and debates. Some people questioned why it was only being used now for the first time in this Second Republic. 

Many writers viciously condemned the President for refusing to give the APC party symbol to Dual Nationality Citizens when prior to now, that constitutional provision had been openly flounted.

However, Dr. Sylvia Blyden, writing on the Internet stated thus: "I completely support President Koroma on this matter. I 100% support what he did as he had no other option. Section 76.1(a) had become very topical with APC aspirants petitioning their competitors based on the dual citizenship prohibition. I honestly cannot blame the President for acting as he did in his capacity as Chairman and Leader of the APC. If he had not done so, then the matter may have been petitioned at higher levels and no responsible party leader can expose his party to such a threat," Blyden wrote.

In further comments, Dr. Blyden said that not only Parliamentarians but also anyone aspiring to be the President, the Vice-President or who is to sit in the Ministerial Cabinet, should not carry citizenship of another country or any other form of allegiance to any other country other than Sierra Leone.

She wrote that if there was any current Cabinet Minister or Deputy Minister holding a citizenship other than Sierra Leonean, that person was illegally sitting as minister. Going further, Dr. Sylvia Blyden insisted that not only were all acts taken by such a Minister null and void but she said if such a person continued to occupy a seat in Cabinet, then it may be tantamount to such a person committing Treason.

Her opinions, which are usually taken with much seriousness by ordinary citizens, have gone viral and are now being shared all over the world within the last 24 hours.

Contacted by this newspaper to throw light on the matter, Dr. Blyden confirmed that all the above views were indeed written by her. She revealed that she will be issuing out a comprehensive opinion on the matter shortly.

Here follows some of her views written on social media:
"Any Cabinet Minister who carries Dual Citizenship is an ILLEGAL MINISTER. Any Deputy Minister who carries Dual Citizenship is an ILLEGAL DEPUTY MINISTER. All orders, directives and agreements signed by such a Minister or Deputy Minister are completely NULL and VOID and of no legality and of no moment."

"To go further with my views, if it is proven that indeed such foreign-allegiance persons are seated in our sacred Cabinet (as yet, we have no such evidence), then let me go further to state that the Cabinet is dangerously contaminated."

"I am very hopeful that the Honourable Attorney General will advise His Excellency the President who is the Guardian of the Constitution and Fountain of Honour, to apply executive powers under Section 59.(2) of Sierra Leone Constitution and IMMEDIATELY remove such foreign-allegiance persons from the sacred Cabinet."

"If such persons continue to sit in Cabinet, after their foreign allegiance is uncovered, then it can even be deduced further that such Dual Citizens are committing TREASON under Section 108 of our sacred Constitution."

Meanwhile, the Government’s Principal Legal Adviser who is the Attorney General and Justice Minister, Hon. Joseph Fitzgerald Kamara, is yet to officially react to the above views as expressed by Dr. Sylvia Blyden. 

*The following are relevant Sections of Sierra Leone Constitution pertinent to the views of Dr. Sylvia Blyden:*
Section 76.(1)(a): No person shall be qualified for election as a Member of Parliament if he is a naturalised citizen of Sierra Leone or is a citizen of a country other than Sierra Leone having become such a citizen voluntarily or is under a declaration of allegiance to such a country.

Section 56.(2)(a): A person shall not be appointed a Minister or Deputy Minister unless he is qualified to be elected as a Member of Parliament.

Section 41.(1)(d): No person shall be qualified for election as President unless he is qualified to be elected as a Member of Parliament.

Section 54.(2): A person shall not be qualified to be a candidate for the office of Vice-President unless he has the qualifications specified in Section 41.

Section 59.(2): A person appointed as a Member of Cabinet shall vacate his seat in the Cabinet is he ceases to be a Minister or if the President so directs.

Section 108.(8): Any suspension, alteration, or repeal of this Constitution other than on the authority of Parliament shall be deemed to be an act of Treason.
/END.
*Awareness Times Newspaper*
Monday January 15th 2018
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:-) She said to show the deliberate intent to protect the Cabinet from being occupied by persons of Dual Nationality, even when the 1991 Constitution stopped Ministers from being chosen amongst Parliamentarians as used to happen before, yet still a special new sub-section was created under Section 56 of that 1991 Constitution which most categorically prohibited from ever sitting in our sacred Cabinet, anyone not qualified to be a parliamentarian (including Dual Nationality persons).
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President
Vice-President
Minister/Deputy Minister
Parliamentarian
//
NONE of the above category of sensitive positions should be held by anyone with divided loyalties.
For example, read the Oath of Allegiance sworn by Sierra Leonean citizens when they take up American citizenship.
I have reproduced it. Read my comments posted immediately under the Oath below.
👇👇

https://www.uscis.gov/us-citizenship/naturalization-test/naturalization-oath-allegiance-united-states-america



*Naturalization Oath of Allegiance to the United States of America*

_Oath_

"I hereby declare, on oath, *that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen*; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."
/
After reading it, let us ask ourselves:- Can we, in good conscience, allow such a person who is under the obligations of that kind of Sworn Oath, to go on to sit in our Parliament or sit in Cabinet *and take critical decisions on behalf of Sierra Leone and Sierra Leoneans*?
NO WAY!!!!! 😡
Such a person can carry our Sierra Leone passport as a Dual Citizen. Fine.✅ No wahala.
They can apply for other non-sensitive Sierra Leone jobs inside Sierra Leone. Fine.✅ No wahala.
*But on no account*, should they be made Ministers or Parliamentarians or Vice-President or President UNLESS they first denounce and totally renounce their other citizenship and the other Oath they swore to God Almighty that they have an obligation to abide by.

Text

Naturalization Oath of Allegiance to the United States of America

Oath

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."

Note: In certain circumstances there can be a modification or waiver of the Oath of Allegiance. Read Chapter 5 of A Guide to Naturalization for more information.

The principles embodied in the Oath are codified in Section 337(a) in the Immigration and Nationality Act (INA), which provides that all applicants shall take an oath that incorporates the substance of the following:

  1. Support the Constitution;
  2. Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;
  3. Support and defend the Constitution and laws of the United States against all enemies, foreign and domestic;
  4. Bear true faith and allegiance to the same; and
  5. A. Bear arms on behalf of the United States when required by the law; or
    B. Perform noncombatant service in the Armed Forces of the United States when required by the law; or
    C. Perform work of national importance under civilian direction when required by the law.

The language of the current Oath is found in the Code of Federal Regulations Section 337.1 and is closely based upon the statutory elements in Section 337(a) of the INA.

 


History

Throughout our nation's history, foreign-born men and women have come to the United States, taken the Oath of Allegiance to become naturalized citizens, and contributed greatly to their new communities and country. The Oath of Allegiance has led to American citizenship for more than 220 years.

Since the first naturalization law in 1790, applicants for naturalization have taken an oath to support the Constitution of the United States. Five years later the Naturalization Act of 1795 required an applicant to declare an intention (commitment) to become a U.S. citizen before filing a Petition for Naturalization. In the declaration of intention the applicant would indicate his understanding that upon naturalization he would take an oath of allegiance to the United States and renounce (give up) any allegiance to a foreign prince, potentate, state, or sovereignty. Applicants born with a hereditary title also had to renounce their title or order of nobility.

Prior to 1906, naturalization courts had little or no guidance on how to apply or administer the law. The law did not include an exact text for the oath. It stated only that an applicant:

"...shall...declare, on oath...that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court."

Before 1906, there were as many as 5,000 courts with naturalization jurisdiction. Each court could develop its own procedures for administering the oath. Some courts simply documented that applicants swore an oath. Other courts chose to write and print their own text for the oath, which the applicant would read at the final hearing.

In 1905 a Presidential Commission on Naturalization studied naturalization in the United States. They found that U.S. naturalization courts lacked uniformity. They recommended classifying and summarizing naturalization laws into a code (re-codification), the creation of a federal agency to oversee naturalization procedures, and standard forms for all U.S. naturalizations, including a form for the oath of allegiance.

The Basic Naturalization Act of 1906 implemented many of the Commission's recommendations, but did not mandate a separate form for the oath of allegiance. Instead, the new Declaration of Intention form and Petition for Naturalization form included some of the substance of the oath. At the final hearing the applicant still recited a spoken oath adapted from the law. In 1906 the Basic Naturalization Act also added the section of the oath requiring new citizens to defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; and bear true faith and allegiance to the same.

An official standard text for the oath of allegiance did not appear in the regulations until 1929. The regulation said that before a naturalization certificate could be issued, the applicant should take the following oath in court:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and particularly to __________ of who (which) I have heretofore been a subject (or citizen); that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely without any mental reservation or purpose of evasion: So help me God. In acknowledgment whereof I have hereunto affixed my signature.

This regulation introduced a signed oath with standardized language. There was still no separate, federal form for the oath. It was most likely printed on the back of the application form.

The Immigration Act of September 23, 1950, added text to the oath of allegiance about bearing arms on behalf of the United States when required by the law; and performing noncombatant service in the armed forces of the United States when required by the law. Prior to 1946, the Supreme Court had ruled that the language in the oath about supporting and defending the Constitution and laws of the United States against all enemies implied a promise to bear arms. This was challenged in the court case of Girouard v. U.S. (328 U.S. 61). The Court ruled that the oath of allegiance did not imply a promise to bear arms. A refusal to bear arms was justified on the basis of religious training and beliefs. Under current law, an applicant opposed to bearing arms or performing noncombatant service because of his or her religious training and beliefs is exempt from taking the full oath of allegiance.

The section of the oath of allegiance about performing work of national importance under civilian direction was added by the Immigration and Nationality Act of 1952 and is the last major addition to the oath of allegiance as it appears today.

 



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The constitution is supreme! This is a BIG LESSON for ALL “to PAY ATTENTION” Note clearly when the ignoring of these laws began - “ 1996”! SLPP began the mess, APC now begin the correction! A bitter pill to swallow.

You will all recall that the late LAWYER, TERRENCE TERRY took Kabba’s appointment of EKE HOLLOWAY to court after Eke had won a Parliamentary seat and later Tejan Kabba then APPOINTED EKE HOLLOWAY ATTORNEY GENERAL, contrary to the 1991 constitution. This was Landmark constitutional case. Our laws are only good in/ for the books, but they are nearly always ignored as if the carry no merit of effect. And this does not only apply to constitutional provisions.

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Debating the political status of Sierra Leone's dual citizens is a sign of our maturing democracy

With less than two months to go before Sierra Leone goes to the polls, the political debate presently dominating the country’s social and traditional media is whether citizens with dual nationality are or should be eligible to run for political office under the law.

 

 

 

It is a question that Francis Gabbidon, a notable Sierra Leonean Barrister at Law and university lecturer, brought to public notice late last year when he published an article on the subject, most likely sparked by the case of Australia’s former deputy prime minster Barnaby Joyce.   

 

In it he wrote: “Dual citizens who take the risk of contesting for membership of parliament and win, can have their victory invalidated by a successful petition by their opponents in the courts.”  This has been followed by a definitive opinion from the country’s Attorney General in recent weeks, stating the same.

 

Gabbidon’s legal opinion was based on a little-noticed Section of Sierra Leone’s 1991 Constitution Bill.  Section 76 (1) Act No. 6 states that: "No person shall be qualified for election as a member of Parliament (a) if he is a naturalised citizen of Sierra Leone or is a citizen of a country other than Sierra Leone having become such a citizen voluntarily or is under a Declaration of Allegiance to such a country.”

 

The issue has become contentious because, although there were several dual citizens in the last parliament, political parties (including the ruling All People Congress and the opposition Sierra Leone People's Party) have opted to disqualify all political candidates who contravene s.76(1) from standing in the forthcoming elections.

 

It is a controversial decision which has divided Sierra Leoneans, in particular the country’s diaspora population.  Estimated at around one million, they are vocal, influential, educated and engaged.  They also contribute substantially to Sierra Leone’s GDP – with Government calculations estimating that they send home between $250 and $400 million annually, or 20-25% of GDP.

 

Impassioned though the debate has been, it has been conducted with noticeable transparency and inclusiveness.  Furthermore, the recent action by political parties to avoid the risk of future challenge in the courts, by opting not to field dual citizens, marks an improvement in our respect for the rule of law.   These are all signs of an evolving political maturity that should increase national and international confidence in the future of our democracy.

 

In the past Sierra Leone has suffered misrule, the advent of a one-party state, several coup d’états and the suspension of the constitution.  All of these undermined the rule of law and affected the overall stability of our nation, culminating in one of Africa’s deadliest and most devastating civil wars.

 

This is not the first election since the assent of the 1991 Constitution. As a child in 1996, I remember joining my parents in prayer.  The pinnacle of our aspirations was for the elections to be held without incident, and for our nation to return to democratic rule. Anything else seemed a luxury. However, as we have enjoyed growing peace and stability, and seen our democracy become even more entrenched, our aspirations have changed and our nation is demanding better governance, and a say in the way it is decided and delivered.

 

Since the ending of the war in 2001/2, we have seen three peaceful presidential and parliamentary elections observed as free and fair internationally, including a change of government; all indicators of a maturing democracy and the rule of law. The bar for #SierraLeoneDecides2018 has been set even higher.  These elections have been marked by the demand for manifestos, presidential debates, increased female representation, and political parties who ensure that their candidates in all elections are eligible in line with the dictates of the constitution.

 

According to Sandra Day O'Connor - the first female to serve on the US’s Supreme Court: “Commitment to the rule of law provides a basic assurance that people can know what to expect whether what they do is popular or unpopular at the time.” The apparent application of the law without favour on such a high-profile issue is good for our democracy.  It furthers the rule of law and strengthens governance.

 

Sierra Leone still has some way to go as it forges the strong institutions and good governance we need to really grow our society and our economy.  In the process, debate such as this, which leads political parties across the spectrum to submit themselves to the laws of the land, can only be a good thing, entrenching the principle that no one is above the law and creating the culture of confidence our society needs to realise its potential.

 

PJ Mandewa-Cole trains and mobilises community leaders in Sierra Leone. He is a winner of the Queens Young Leaders Award and is the Executive Director of Lifeline Nehemiah Projects

 




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