KANDEH KOLLEH YUMKELLA CONFIRMS RENOUNCING HIS USA CITIZENSHIP AND COMPLETES REGISTRATION FOR A SEAT IN PARLIAMENT AND TO RUN AS PRESIDENT. BUT WHAT WAS HIS CITIZENSHIP STATUS WHEN HE APPLIED FOR AND BE APPOINTED DIRECTOR GENERAL OF UNIDO? AN AMERICAN OR A SIERRA LEONEAN? Did he lie or did he deliberately withhold vital information to get the job?
IS REVERTING BACK TO SIERRA LEONE CITIZENSHIP AUTOMATIC? {What does the constitution say on the first renouncing of status, then later, after so many years, reverting back to Sierra Leone Status? Does Section 19(A) of the 2006 Citizens Amendment Act cover this situation? How does this affect other USA/Sierra Leone Brothers and Sisters in America and around the world?}
So Kandeh Kolleh Yumkella has now completed the registration process for both Parliamentary and Presidential Elections. He has waived papers in his Press briefing whilst confirming that he had renounced his USA citizenship and has now only one allegiance and that is to Sierra Leone. -BUT, What was the effect of KKY renouncing his SIerra Leone status take American citizenship and swear the American Oath of Allegiance? How did this impact on the application and acceptance of his appointment as Director General of UNIDO at which he claimed he was the first Sierra Leonean to do that job. Had he not by then renounced his Sierra Leone citizenship and at that time an American? Or, did he tell a lie to get the nomination, support, endorsement, and recommendation of the Sierra Leone Government then?
You see some people do not see nor understand the implications involved. Simply jumping on the bandwagon shouting “ we want change” is neither here nor there.
Until Dr Julius Spencer exposed the information in Radio Democracy 98.1FM a few days ago, nobody knew Kandeh (KKY) had American Citizenship which he (KKY) has now admitted and confirmed in the Press briefing on Thursday live on AYV Tv. Now this has open up a new dimension.
So all this time he has been working as Director General of UNIDO, Kandeh KOLLEH Yumkella was an American Citizen NOT A SIERRA LEONEAN! He had been presenting himself FALSELY as the FIRST SIERRA LEONEAN TO RUN UNIDO, when in fact he was at the time, an American and not a Sierra Leonean. To get any of these kinds of International jobs, the Government of your mother country have to NOMINATE, SUPPORT AND RECOMMEND THE APPLICANT TO THE INSTITUTION. Therefore, if KKY was at the time of his application and APPOINTMENT, - at his FIRST OR SECOND TERM OF OFFICE at UNIDO, under the guise falsely that he was a Sierra Leonean, when in fact he was AN AMERICAN and did not disclose this fact to the Sierra Leone government, or the UNIDO authorities, but rather GAINED ALL ADVANTAGES attached and akin to the job, then he had been KNOWINGLY COMMITTING A CRIME based on Deceit, false pretences, Obtaining pecuniary and other advantages etc. This being so, he has also deliberately for the two serving terms, woefully and deliberately deprived a Sierra Leonean from obtaining that job (being an American pretending to be a Sierra Leonean)?at that time.
The question now that matters is not so much as to WHEN HE RENOUNCED HIS USA CITIZENSHIP, BUT THE OPPOSITE - WHEN DID KKY ACTUALLY BECOME AN AMERICAN CITIZEN:? WHEN DID KKY ACTUALLY SWORE THE OATH OF ALLEGIANCE TO BE AN AMERICAN CITIZEN?
By swearing this Oath, he was obliged to RENOUNCE HIS SIERRA LEONE CITIZENSHIP and if he did that as it seems by implication, he should not have solicited the Support, Nomination and Recommendation from the Sierra Leone Government (who was of the belief and impression, that he (KKY) was a Sierra Leonean, when in truth/fact, he was AT THAT PRECISE TIME, AN AMERICAN!
Should this all be so, his disclosure the last few days may have open up a new chapter in this KKY election Jack In The Box, “I want To Be President/ I want to bring Change” saga!! The man is untrustworthy, and unethical. Hope he does not become Stateless like the former President of Georgia Mhkiel Saashkavilli on a different scenario!
Photos from Press conference:
Other commentators to the citizenship issue:
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APC REFUSES TO TAKE THE FALL FOR YUMKELLA's INCOMPETENCE
{Courtesy: Titus Boyd-Thompson - Facebook Post 25/01/2018}
The saying that “the age of Methuselah has nothing to do with the wisdom of Solomon,” was always intended to compare the ineffectiveness of any comparison between age and intellect. There are other attractive imperatives of this saying, many more clever in their interpretations but none the more indicative of ignorance as that which aligns this saying to the meaning that “borbor nar borbor,” as is aptly out in the Krio language. In simple English, those who have had the privilege of age and experience are far superior to the common upstart with little knowledge or experience.
In expanding this saying more clearly in the Sierra Leonean context, the ravings of Kandeh Kolleh Yumlella clearly shows that he has ascribed to himself the status of a Methuselah with no clear lineage to the wise Solomon. In no uncertain terms, Kandeh Yumkella has shown that when it comes to politics in Sierra Leone, he is a beginner. This has been shown by his reaction to the Section 76(1) of the Sierra Leone Constitution. Kandeh Yumkella should never had shown such discomfort as he exhibited at the press conference that he called at the Sanders Street office of one of his cohorts. His attacks on the personality of the APC Chairman and Leader were uncalled for and so out of place. It was like a person with misplaced and misguided loyalties ill at ease with the constitutional provisions of the country that he planned to lead. He cannot admit to anyone, that it is reasonable and rational for an aspirant head of state to have completely misread or misinterpreted the entire provisions of the Constitution that governs the country he intends to lead. In his anger, he failed to have had any regard to his own responsibilities to have first of all concerned himself with the legal implications of his aspiration.
It is considered even more cynical that Kandeh Yumkella failed to have had any knowledge of the oath that he had sworn at the time when he turned his back on Sierra Leone as a country to which he had any loyalty or owed any obligation. In the oath of naturalization of a US Citizen, Mr Yumkella relinquished his entitlement to any privileges that are accorded to Sierra Leoneans. In its entirety, the US oath of naturalization to become a US citizenship states inter alia, "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 non-combatant 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."
In the event, after having “renounce and abjure all allegiance to Sierra Leone, a foreign state that he, Kandeh Yumkella had heretofore been a subject or citizen of,” it is now left to him, Kandeh Yumkella to show proof that he has not only renounced that US Citizen but also that he has once again “resumed” his Sierra Leonean citizenship to which he had once in his lifetime been ungrateful.
Not until Kandeh Yumkella has complied with the Sierra Leonean Constitution should he entertain the thought of leading this country as President. Also not until he has shown contrition for misleading this nation should he be allowed to vote. To stress the point home, the APC will never take the fall for the callousness of this lost political soul and refuses to take the blame for following the 1991 Constitution of the Republic of Sierra Leone to the letter.
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KKY with President KOROMA in friendly talks
Sierra Leone News: 2006 Citizenship Act did not amend Section 76 (1a) of the 1991 Constitution as the Law is the Law
{Courtesy: AWOKO.ORG - Thr 25th. 2018}
As the debate on dual citizenship continues across the country, Counsel Suleiman Kabbah Koroma, a private legal practitioner, disclosed that the 2006 Citizenship Amendment Act did not in any way amend Section 76 subsection 1 (a) of the 1991 Constitution of Sierra Leone.
Speaking to Awoko yesterday Lawyer Kabba explained that, Section 75, which is tied to Section 76 of the Sierra Leone 1991 Constitution, clearly set out the requirement of people that should go to Parliament and their disqualifications.
He stated that Section 75 says for one to be a Member of Parliament he must be a Sierra Leonean otherwise than by naturalization, adding that if the person becomes a citizen of Sierra Leone by naturalization then by law he should not be qualified as a Member of Parliament unless he has been continuously resident in Sierra Leone for a period of 25 years.
Counsel Kabbah disclosed the thorny issue presently is with section 76 subsection 1a which states “No person shall be qualified for election as a Member of Parliament:
“If he is a naturalized 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”
He maintained that section 75 reiterates that if someone is a naturalized citizen of Sierra Leone he is disqualified. What is getting people agitated he said is the portion, which says “… 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.”
According to him, before the passing of the 2006 Citizen’s Amendment Act there was only one citizenship which is to say “you are either a Sierra Leonean or you are not a Sierra Leonean” meaning if one wants to acquire citizenship of another country before 2006 the person has to renounce his/her Sierra Leonean citizenship before acquiring the citizenship of that other country.
According to him the 2006 Citizen Amendment Act which recognizes dual citizenship for Sierra Leoneans only amended the Citizen Amendment Act of 1973, meaning one can be a Sierra Leonean and take up an other citizenship of another country after 2006.
“However the Citizenship Amendment Act of 2006 did not amend Section 76 (1) (a) of the 1991 Constitution of Sierra Leone” he said.
For there to be an amendment of this section it has to be stated in express terms as stated in Section 108 subsection 7 of the Constitution.
He maintained that the Constitution is very clear if there is a conflict between the Constitution and any other law or Act it is the Constitution that reigns as stated in Section 171 subsection 15 of the 1991 Constitution of Sierra Leone, adding that the 2006 Citizen’s Act said Section 10 of the 1973 Act is amended and nothing about the constitution.
According to him the amendment of the dual citizenship on the Act does not in any way make people with dual citizenship eligible to be a Member of Parliament, because the 1991 Constitution is envisaging a situation where one can’t hold dual citizenship as it is yet to be amended to reflect what has been contained in the 2006 Citizenship Act.
Explaining the issue of “under a declaration of allegiance to other country” he said one is required to take an oath of allegiance, which clearly prevents the person from becoming an MP or President in Sierra Leone.
According to him the statement that dual citizens are not eligible to contest for MP cannot be all true as there are exceptions to that, disclosing that there need to be parameters as to what amounts to voluntary acquisition or what do not amount to involuntary acquisition.
“But what is clear once it can be shown that you are an adult as at the time you acquired citizenship then it means you voluntarily acquired it, but if you are born abroad or you are a minor depending upon the circumstance under which you became a citizen then it cannot be said to be voluntary.”
He added, cases related to adoptions where kids are taken abroad were done on Court Order, which is very difficult to renounce as their action to become a citizen became involuntary as it was done through a Court Order that was done through their parents consent, which has to be under turned.
“As at now people who have acquired dual citizenship voluntarily in another country are not eligible to contest for Member of Parliament and it also applies to those who intend to contest for the position of the Presidency” he maintained.
For his part, the Executive Director of the Centre for Accountability and Rule of Law (CARL) Ibrahim Tommy has said that the law has always been the law.
According to him the 1991 Constitution of Sierra Leone which is the mother of all laws states that if you are a citizen of Sierra Leone and hold the citizenship of another country or have declared allegiance to another country you don’t have the right to be a Member of Parliament.
He furthered that the law made it very clear that if someone is born in Sierra Leone, naturally he has the right to contest to become an MP but if he/she voluntarily declares allegiance to another country or voluntarily becomes a citizen of another country, automatically that person has become dual citizen which prevents him to become an MP, Minister and also not eligible to become president.
He disclosed that both the 2006 and 2017 Citizenship Amendment Acts made amendments on the 1973 Citizenship Act by making provision for someone to hold dual citizenship.
“But while making the amendments in 2006 and 2017 respectively they completely forgot to go back to the Constitution to make the required amendment so that the right they intend to expand through the two amendments will be fully enjoyed by the people” he said.
Speaking on the timeliness of bringing the issue up, he maintained that the law is the law, as he may not have to agree with that law but speaking for himself “I didn’t think its right to expand right whiles at the same time some other people are being deprived of another very important right, but as it is that is what the constitution says.”
He admitted that over the years there have been some people elected as Members of Parliament, appointed as Minister with dual citizenship, which according to him might have been on oversight or perhaps those who should enforce it like Parliament which should actually vet people holding public offices were not really doing it.
“But this does not mean because they have been appointing people for the past 20 years or more changed the law. The law has always been the law” he said, disclosing that section 76 subsection 1a in the 1991 Sierra Leone Constitution is not an entrenched law as it can be amended.
By Alhaji M Kamara
Thursday January 18, 2018.
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