Hon. PC Bai Kurr Kanagbaro Sanka III from Tonkolili District, "the Constitution is the supreme legal document of the state and no other document surpasses it”
Hon. Agibola Manley-Spaine NOW DEPUTY SPEAKER OF PARLIAMENT
THIS REPORT IS A LESSON TO ALL. REGARDLESS OF ONE'S PERSONAL FEELINGS OR ENTHUSIASMS PROVISIONS OF THE CONSTITUTION MUST BE OBSERVED. THIS SITUATION IS NOT LIMITED TO PARLIAMENT ALONE - IT APPLIES TO ALL ORGANISATIONS WHERE THE GOVERNING INSTRUMENTS - CONSTITUTION OR OTHER LIKE INSTRUMENTS LAY DOWN PROCEDURES TO BE FOLLOWED. OBSERVING THESE PROVISIONS RATHER THAN CIRCUMVENTING THEM TO SATISFY A QUICK FIX OBJECTIVE SIMPLY RESULTS IN DIABOLIC AND PROBLEMATIC CONFUSION AND PALAVA. THE PROVISIONS OF THE CONSITUTION MUST ALWAYS REIGN SUPREME!
AWOKO REPORT
Thu August 23, 2012 10:30AM
Over election of Deputy Speaker… Constitution or Standing Order, which is supreme?
The Well of the House of Parliament was reduced to a market
square during yesterday’s sitting, as Members of Parliament squabbled over which
legal document, the Constitution or the Parliamentary Standing Order reigns
supreme in Parliament as the issue of election of a Deputy Speaker comes up
between opposition party and ruling party.
Parliament is currently without a substantive Speaker and a Deputy Speaker being that the substantive Speaker, Justice Nathaniel Abel Stronge is on annual leave and the substantive Deputy Speaker, is dead.
What became a serious bone of contention was how to reach a consensus amongst the MPs on which of the procedural methods prescribed in the national constitution of 1991 and the parliamentary standing orders to adopt for the election of a substantive Deputy Speaker.
In his introductory remarks on the matter of election of a deputy Speaker, the Clerk of Parliament, Hon. Ibrahim Sesay noted the absence of the Speaker and the Deputy and committed the general membership of the House to nominate one of themselves to fill the position as codified in Parliamentary Standing Order 93 and Section 91 (1) of the Constitution of Sierra Leone respectively.
Hon. Brima Kamanda who was earlier on nominated by members of the opposition to serve as Deputy Speaker, objected to the Clerk’s proposition on re-nominating new MPs considering the fact that the House already had members who have been nominated for the position and that they should proceed with the election forthwith rather than going through the rigours of another nominations.
The Clerk however insisted on re-nominating new members, but this was met with stiff resistance by the opposition. Opposition members uncompromising and said the Clerk’s suggestion was “a waste of time”. The Clerk of the House stood his ground and in the end, a re-nomination was done and the same old names earlier nominated by the opposition and the ruling parties re-emerged, namely Hon. Agibola Manley-Spaine (APC) and Hon. Dr. Brima Kamanda (SLPP).
But the method of voting then became another bone of contention. Opposition MPs quoted and based their arguments on Section 81 of the 1991 constitution which stipulates “secret voting” in the election of either a Speaker or a Deputy Speaker. The ruling APC party MPs based their argument on the Standing Order of Parliament, citing Section 9, sub section 3, which calls for the elections “by collection of voices.”
SLPP MPs debunked the Standing Order provision, noting that “where it comes to supremacy and a decision to be taken in the interest of the country, the Constitution of the country has no rival. What the constitution says is final,” opposition MPs maintained. The opposition MPs shouted, “Opposition MPs say, No to illegality. The APC want to muzzle the Constitution of the country to satisfy their selfish need.”
The two legal instruments were therefore put to legal ruling as to which is supreme. MPs with legal backgrounds quoted copiously from both instruments to affirm their standpoints either for or against. This melodrama marked by bickering brought Parliament to a standstill for over two hours, even as other motions and bills lay dormant waiting to be debated on by the parliamentarians.
In what has been dubbed “a traditional intervention”, Hon. PC Bai Kurr Kanagbaro Sanka III from Tonkolili District, submitted that the Constitution “is the supreme legal document of the state and no other document surpasses it”. In that vein, he moved that the procedure for the election of the Deputy Speaker be done as provided for in the 1991 Constitution.
However, members ended up accepting the secret ballot system. Preparation was made and the election went on between the two aspirants with 107 members present.
The election ended with victory for the APC nominee, Hon. Spaine polling 63 votes (sixty-three), while the SLPP nominee, Hon. Brima Kamanda polled 43 (forty-three) votes. There was 1 (one) void vote which did not [show] the name of the candidate voted for.
By Poindexter Sama
Parliament is currently without a substantive Speaker and a Deputy Speaker being that the substantive Speaker, Justice Nathaniel Abel Stronge is on annual leave and the substantive Deputy Speaker, is dead.
What became a serious bone of contention was how to reach a consensus amongst the MPs on which of the procedural methods prescribed in the national constitution of 1991 and the parliamentary standing orders to adopt for the election of a substantive Deputy Speaker.
In his introductory remarks on the matter of election of a deputy Speaker, the Clerk of Parliament, Hon. Ibrahim Sesay noted the absence of the Speaker and the Deputy and committed the general membership of the House to nominate one of themselves to fill the position as codified in Parliamentary Standing Order 93 and Section 91 (1) of the Constitution of Sierra Leone respectively.
Hon. Brima Kamanda who was earlier on nominated by members of the opposition to serve as Deputy Speaker, objected to the Clerk’s proposition on re-nominating new MPs considering the fact that the House already had members who have been nominated for the position and that they should proceed with the election forthwith rather than going through the rigours of another nominations.
The Clerk however insisted on re-nominating new members, but this was met with stiff resistance by the opposition. Opposition members uncompromising and said the Clerk’s suggestion was “a waste of time”. The Clerk of the House stood his ground and in the end, a re-nomination was done and the same old names earlier nominated by the opposition and the ruling parties re-emerged, namely Hon. Agibola Manley-Spaine (APC) and Hon. Dr. Brima Kamanda (SLPP).
But the method of voting then became another bone of contention. Opposition MPs quoted and based their arguments on Section 81 of the 1991 constitution which stipulates “secret voting” in the election of either a Speaker or a Deputy Speaker. The ruling APC party MPs based their argument on the Standing Order of Parliament, citing Section 9, sub section 3, which calls for the elections “by collection of voices.”
SLPP MPs debunked the Standing Order provision, noting that “where it comes to supremacy and a decision to be taken in the interest of the country, the Constitution of the country has no rival. What the constitution says is final,” opposition MPs maintained. The opposition MPs shouted, “Opposition MPs say, No to illegality. The APC want to muzzle the Constitution of the country to satisfy their selfish need.”
The two legal instruments were therefore put to legal ruling as to which is supreme. MPs with legal backgrounds quoted copiously from both instruments to affirm their standpoints either for or against. This melodrama marked by bickering brought Parliament to a standstill for over two hours, even as other motions and bills lay dormant waiting to be debated on by the parliamentarians.
In what has been dubbed “a traditional intervention”, Hon. PC Bai Kurr Kanagbaro Sanka III from Tonkolili District, submitted that the Constitution “is the supreme legal document of the state and no other document surpasses it”. In that vein, he moved that the procedure for the election of the Deputy Speaker be done as provided for in the 1991 Constitution.
However, members ended up accepting the secret ballot system. Preparation was made and the election went on between the two aspirants with 107 members present.
The election ended with victory for the APC nominee, Hon. Spaine polling 63 votes (sixty-three), while the SLPP nominee, Hon. Brima Kamanda polled 43 (forty-three) votes. There was 1 (one) void vote which did not [show] the name of the candidate voted for.
By Poindexter Sama
