What I found disappointing in Davies's essay is the ramblings from one unrelated and unsubstantiated issue to another with no coherence or semblance or understanding of the factors involved. If I am to borrow from my subsidiary profession I would only award him a 2 out of 10 (20%) for effort and a re-submission!
The trouble with some of our educated folks (or those who think they are educated enough to read and write), is that they do not bother to explore beyond the initial thoughts or hear say of an issue before jumping into the band wagon; as such, they come out short of the merits deserved in what the are saying distorting the facts or mislead and mix up the relevant issues.
By courtesy of Jimmy Kandeh {Face Biok post } I give the link here below: Click!
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QUOTE
People In Glass Houses Must Not Throw Stones
How Ernest Koroma, Lifetime Chairman and Leader of the All Peoples Congress (APC), misfired, suffocated his party’s caboodle and the Diaspora will laugh last.
Franklyn Davies
The whole brouhaha about dual nationality locally referred to as “two SIM cards” is a hot topic in Sierra Leone today. However, it is poised to be a blessing in disguise for the Sierra Leonean people including our brothers and sisters in the Diaspora. Such a last-minute ploy by the Ernest Bai Koroma APC government to once again play havoc with constitutional provisions continues to underscore his contempt for the populace.
President Koroma should know that all his maneuvers simply provide more evidence to the international community showcasing his deliberate attempt to undermine the democracy they invested heavily in after eleven years of civil war. It is also clear that by his actions, he is also strengthening the various cases being compiled by international NGOs and Human Rights groups (both in Sierra Leone and overseas) for him to account for his 10 years of stewardship including his looting and blatant abuse of Sierra Leoneans. The truth is, he has misfired!!
It is an open secret that the top hierarchy of the All Peoples Congress (APC) and several senior functionaries of the Government hold dual nationality. President Koroma’s family filed for him for U.K. Citizenship when he was in opposition. The APC flag-bearer candidate, Samura Kamara, holds a U.K. Passport as confirmed by many who have travelled overseas with him during the past two decades. Chernoh Maju (Chericoco) Bah, the APC running mate, would have to present evidence of naturalization by both his parents because he and they were not born in Sierra Leone. John Sisay, a British citizen ran a vigorous campaign to succeed his cousin, Ernest Bai Koroma. In fact, the Independent, a British newspaper published a glowing article about their pride that one of their own citizens, a South-Londoner, could potentially be president of Sierra Leone.
In the Independent profile, Sisay, a former member of the UK’s Labour party noted that even though he is a British citizen, “Sierra Leone, his home country, was where he wanted to serve. He has political connections there: his first cousin, Ernest Bai Koroma, is the current President and his family has long been socially and politically active. There are also financial connections, he is the former CEO of Sierra Rutile, the largest mining company for rutile, a mineral formed mainly of titanium dioxide, in the region and is the president of the Sierra Leone Chamber of Mines.”
However, Sisay’s bid to return to the UK following his failed presidential campaign to succeed his cousin was scuttered following a corruption scandal that could send him to prison. Sisay is fleeing away from justice for a 110,000 USD bribe payment he funneled via a West African logistics company. His widely known corrupt practices along with his cousin Koroma are about to catch up with him. Today, he serves as chairman of the APC 2018 campaign.
It is noteworthy that all other candidates were born in Sierra Leone except for Chernoh Maju Chericoco Bah. Further, even if they naturalized, I have no doubt that all aspirants (if they hold dual citizenships in other countries) would have renounced their second citizenship before nomination (which is what they are required to do). The "duality issue" with the NGC flag-bearer is like the "birther issue" with Obama in 2011, and in that case, he said nothing even though he was attacked, and innuendos flourished. For a government that has ministers in cabinet and Members of Parliament with dual nationality for the last 10 years, one wonders why they only thought about this now. They shamelessly parade party functionaries masquerading as respecters of the rule of law.
If Dr. Yumkella has dual citizenship, as intelligent as he is and a true patriot of Sierra Leone, I am confident he will release the facts at a time of his choosing. Like the decision to leave the United Nations, if he has something to say about dual citizenship, I am sure he will do so on his own volition. If he had a US passport, I have no doubt that he may have already renounced the US citizenship. KKY is a decent man regardless of how his critics like to spin his character. Thus, if indeed the intent of the Koroma government was to disqualify him from running for the presidency, Koroma’s ploy will miss him and will instead, catch up with him and his caboodle.
Julius Maada Bio, flag-bearer candidate for the Sierra Leone Peoples Party (SLPP) is also reported to hold a Ghanaian passport. It is also equally true that his wife, Fatima Bio, filed for him for British citizenship; a path to make his travels easy. Thus, if all allegations are true about the three main presidential contenders, the question is: which of these three candidates will speak first? Will they all adopt the Obama “birther” strategy i.e. don’t ask don’t tell, then release the facts?
For Sierra Leoneans, there is good news in the “Two SIM” or Dual citizenship saga woefully orchestrated by the ruling party. As Sierra Leoneans, this provides an opportunity for us to pursue Ernest Koroma and his cabal through litigation under the serious fraud and anti-corruption legislation in the US, UK and the EU to bring back the looted wealth from Sierra Leone. These litigations will complement those of human rights abuses during the Ebola epidemic, and many more awaiting him when he leaves office. For example, he will be held to account for looting Port Loko of its minerals through the establishment of SL Mining for the Marampa Iron Ore deposits. We also have information on how the cabal has established a company and now they and their family own the bauxite deposits in Port Loko. All these arrangements were smuggled into parliament on December 7, 2017 its last day of sitting. Does the name Bruski ring a bell?
We ask our folks in the diaspora who Koroma has used and now abandoned to wait for the last laugh. Be prepared to welcome him appropriately when he leaves office with determination to get him to account for his legacy of impoverishing our people while he is personally getting richer on inflated contracts and front companies. Yes, we in the Diaspora will have the last laugh by preparing the case files for the trials of the century. If Hisene Habri was jailed after 25 years for human rights abuses, and Minister Thiam of Guinea was jailed last year in New York for looting his country's iron ore wealth, Ernest Koroma must be rest assured the Diaspora will laugh last.
People in glass houses must not throw stones!
UNQUOTE
SOME COMMENTS:
John Moses Kamara
A good article spoiled by deviations and conjecture.
Zainu Rahman
Pls JMK educate me. What are the deviations and conjecture? I am sure missing something. Thanks
John Moses Kamara
Are we talking about corruption, alleged financial malpractice or simply about dual citizenship?
John Moses Kamara
Why is the article ending with a human rights trial of the president when it's about apparent constitutional abuse?
Zainu Rahman
I think it's on the dual nationality which has become an albatross. The constitution unarguably; shld be adhered to.
John Moses Kamara
I agree but so many words are wasted on something else. That's what I am saying not that the writer don't have valid points about the intention of the president to clearly manipulate the rules of the constitution to fit his political objectives but he laboured extensively on issues of financial accountability that merits a separate piece. And by the way I also think some of these are just allegations or suspected wrong doing and in the case of Samura Kamara no proof of second nationality. But that is how most of us write in that country, just like the politicians, complete disregards for due process of finding evidence or cite irrefutable source to make serious assertions.
Hassan Abdoiul Sesay
I agree Sith the submissions made on this issue but it is not a new clause in the Constitution. If you look at the constitution(76-1), it is very clear on this. It was not meant to disadvantage anybody. If people attack the clause and advocate for an amendment, I will clearly understand and it will be an acceptable suggestion but it was not deliberately meant for specific persons . I also believe that those who intended to contest for parliamentary seats ought to look at the eligibility criteria in the National Constitution and I know ignorance of the law is no excuse.
Jimmy Kandeh
APC cannot have it both ways and is digging its own grave. Notorious for violating our constitution they now want to hide behind the constitution to prolong their incumbency but KKY is unstoppable
Jimmy Kandeh
It's an irony that APC continues to originate constitutional changes whilst at the same time testing the limit of their provisions to put it mildly. I think it's clear that the spirit of the constitution has been tested in few instances that has left a sour taste for many. What I have always maintained and I have been consistent is constitutions are man made rules are are there to be amended or even challenged as they are are hardly perfect. We should find a way to ensure thus can happened not to suit temporary political expediency but to enhance the governance and effectiveness of our determined political dispensation.
Israel Ojekeh Parper Snr
Hassan Abdoiul Sesay: This Constitutional position is NOT NEW! The prohibitive provisions were in the 1971 Republican Constitution. That was strengthened in 1974 by Section 22 (1) (a). The prohibitions were also included in the 1978 ONE PARTY STATE constitution. When President Momoh of the APC made a change in bringing back democracy after taking over from Pa Siaka STEVENS (1985) he invited all Political Parties: That is why an eminent SLPP former Head Of the Civil Service Dr Sir Peter Tucker was chosen to Head the Constitutional Review Committee so that all Sierra Leone will benefit. The former Attorney General & Minister of Justice/ Finance Minister/Foreign Minister etc.etc Dr Abdulai Conteh (one of our legal luminaries who is still performing his brilliance in the West Indies) was a member of that Momoh’s cum 1991 constitutional Review Committee. They brought in the same Prohibitions in a much modified format to suit the type of multi-party democracy the country was now being transformed into.
This was the ‘junction point’ where Ministers can NO LONGER be chosen from among Parliamentarians. Even that prohibition was violated by SLPP/Tejan Kabba in 1996 when he appointed EKE HOLLOWAY as Attorney General after Eke had won his Parliamentary seat and assumed his place in Parliament. This brought a lot of arguments and resulted in the Late Lawyer, Terrence Terry to take Tejan Kabba and his SLPP to Court for breach of this constitutional prohibition. EKE CONTINUED TO SERVE AS Attorney General after resigning his seat. ABBAS BUNDU I recall had a field day in Parliament in 1991, (whilst he was also Secretary General of ECOWAS) arguing/speaking for a whole day trying the filler buster trick regarding the appointment of Parliamentarians as Ministers. He wanted the old (British) style to continue i.e. choosing Ministers from among Parliamentarians, whilst Dr Abdulai Conteh and many others preferred the current situation now (the American Style) i.e. President choosing non- Parliamentarians as Ministers. This approach was to emphasise “THE SEPARATION OF POWERS” Legislators to legislate (hence Parliament- the Legislative Assembly, and the Executive to Execute Policies - hence the Preside and his Cabinet). All for the good of the nation.
These prohibitions of 1991, Section 76(1) (a) Of Act No. 6. was reinforced by Section 56 (2) (a), which prohibits anyone from sitting in Cabinet if that person is disqualified to be a Member of Parliament including those with Dual Nationality.
I can go on and on; but it may be wise for our ‘educated’ contributors to read, understand,observe and learn what the constitutional implications are before they jump in the band wagon and write with confused ideas (mix-matching unrelated issues as Franklyn Davies has done above). But I will also direct attention to the following sections of the 1991 constitution:
Section 41 (1) (d)
Section 54 (2) {which has a link with Section 41}
Section 52 (2) and
Section 108 (8)
Just Google SIerra Leone Constitution - you do not have to go and buy books except if you will want one like that written by Dr Abdulai Conteh some time ago where he explained many concepts and implications.
THIS IS THE EFFECT OF THE SUPREMACY OF THE CONSTITUTION - (not all will by satisfied with all its provisions! The fact that certain sections were ignored by ALL, does not mean that a rectification or implementation of the law must not take place.)
Mistakes in the past is effectively being corrected now: IT IS BETTER TO BE LATE, THAN NEVER! {Though I prefer what the Late Ach-Bishop M N C O SCOTT wrote to me in his last correspondence before he departed this wicked world : “BETTER NEVER
LATE”
Miranda Aishe Davies
constitutions can be amended with due process. i dont think there is any question with that. the questioning is with the intent behind their proposed changes. Leadership is clearly flawed when it comes ti their decision making and process. we had a process where recommendations from a review process were thrown out the window to install their own formula for remaining in power to name an example. John MosesKamara i like to be fair because there is nothing to gain from escalating grievance. can they not see that it only takes us back...can you explain this to them...
Israel Ojekeh Parper Snr
John Moses Kamara: The trouble our country is that our laws are always ignored even by the most educated people we have. We do have robust laws in Sierra Leone covering ALL sectors and issues; but who cares? What is happening now is a case in point. Constitutions are always subject to amendments because things change even naturally and No-one can prevent social changes!
John Moses Kamara
Entirely agree with you Miranda, everything has to go through the due process and for constitutional changes like ours the bar is higher than statutes. This is to safeguard the rule of law and fundamental issues of governance. But it can be sticky at times and the inflexibility may not always be convenient for common sense or human rights like the penalty for dual citizenship. The leadership cannot get it right always and hence the courts. The Supreme Court is there for all no matter whether we agree with their rulings or not. I want to be fair too as this is not about politics but development
Israel Ojekeh Parper Snr
John Moses Kamara: you will have to argue the interpretation aspects with the learned Supreme Court Judges who arrived at their decision after a considerable amount of deliberations. That was their and the have settled that matter once and for all. Even the ECOWAS decision did not trample their interpretation and deception. The ECOEAS Court's decision was on a different footing- 'Human Rights' not Constitutional interpretation!
Farook Abdul-Karim Sesay
Whoever wrote this piece, should be shred in pieces! We want to hear ascertained facts - not one riddled in conjectures! One needs to write authoritatively from a well researched viewpoint and not be prosaically rambling about opinions laced with irascible conjectures! It really bothers me when intellectuals employ disingenuous logic to piece together a far fetched conspiracy theory! What has PresidentvKoroma and the APC machinery had to do with the 1991 constitution? Did they write it? Have they tinkered with it in any form or fashion? One needs to glean Section 76 (1) to really appreciate its import and relevance to dual nationality. There are two strands here: obtaining dual citizenry and the conditions attached to having one! Let me spell it out here in black and white: "
Section 76 (1) "No person shall be qualified for elections as a member of parliament -(a) if he is a naturalised citizen of Sierra Leone or he is a citizen of another other than Sierra Leone having become such a citizen voluntarily or is under declaration of allegiance to such country."
The operative expressed terms here are: ... VOLUNTARILY OR IS UNDER A DECLARATION OF ALLEGIANCE TO SUCH A COUNTRY!
Allegiance is what is paramount here. Voluntary is secondary and pales in comparison to the term "allegiance"! How can someone give his/her allegiance to two countries and readily and unequivocally serve both! No one has ever used duality of nationality in the West and ruled! In law school, I was privileged to do a module called "Morality and the Law". Is Being FAIR and being RIGHT flips sides of the same law coin? What takes precedence? Fairness or rightfulness? Expediency or principle? These questions had baffled us until we sunk our teeth in the whole juicy but tantalising literature in this course! So when self entitled critics are flippantly accusing President Koroma and APC as showing a debased sleight of hand, even as a diaspora, I take umbrage to such disingenuous accusations! The law has been dormant. But that did not make it redundant or irrelevant. Just an oversight antic on all regimes from the inception of the 1991 constitution (for whatever reason best known to them! ). And then entered the spitting dragon in the guise of legal Luminary, Erstwhile Ombudsman Francis Gabbidon - opening up a can of worms. And that was ages ago, before parliament closed shop! No one raised an eye brow - hopefully thinking that it will be "business as usual " . But they got it all wrong! And the loose canon, who is a wrecking ball, another legal icon, Charles Francis Margai, rushed in - even where angels fear to tread! And started throwing tantrums and threatening legal suits over petitions if anyone is found wanton in toting dual nationality!
Why is the blame now being heaped at the threshold of President Koroma and the APC? Why can't critics, for once take away the wonky blinkers they have on - and be brave enough to own up and say - "everyone messed up. Even if unwittingly or inadvertently! " I see this as a pyrrhic victory for even the apc! No one came out of this unscathed! Let us get off our blame horses and find solutions when parliament reconvene ! We need to assiduously find out solutions to a problem that we overlooked during the 2006 amendment act and when we had the golden opportunity during the CRC (Constitutional Review Committtee) engagements! We embarrassingly did nothing to bringing it to the fore. Now this furore is biting us hard and bad! And we are all using our moral, partisan, insincere and angry ( however genuine) vuvuzelas like we are overdosed on political viagra and cussing one man and one party! Chasing waterfalls or paper kites won't shift the landscape or help here. Let us put on our honesty and non partisan suits and put wind in the flailing sails of our midguided anger and energy to hange or influence amendmentments! But if we are not game, then Like the old chap John Major would have said: "shut up! Or put up!"
Hamiru Harry Massaquoi
Having deliberately ignored the law for decades. What is or should be the repercussion for President Koroma and all those dual citizens who have either served as Ministers or MP's in the last ten years?
Farook Abdul-Karim Sesay
Nice query Hamiru Harry Massaquoi! Unfortunately, though we do not have a safety net of "statutory limitation" - the law is mute and moot on most issues that should have a retroactive lash back or ramification in terms of criminal enterprise! I honestly do not have an answer. But I can put out a guess: their inadvertent "crime" will go unpunished and so they will go scot free or the legally and politically embarrassing situation will be hastily and conveniently swept under the thick, heavy rugs of power secrecy and silence! However, what is certain is that a new narrative will pan out. Jitters will set in. Until the laws are amended to suit most people's comfort, they will not be recruited! But for now they will be home and dry with getting away with a system that no one thought to fix because they perceived it ain't broke! Do not hold your breath for any immediacy in positive affirmative action
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This link below takes you to another set of interesting debate
Surprised that Julius Spencer of the NGC can go on national TV in Sierra Leone to talk trash like Alpha Saidu Bangura. The 2006 Immigration Act in no way impinged on the provisions of Section 76 of the Constitution. As a party advocating change, one would expect the NGC to embrace compliance with the Constitution rather than see the present situation as political. One therefore questions the judgment of those leading the NGC!
Harold Domingo
Is Julius Spencer the only person giving their opinions on the matter? Why don’t you shed light on the issue as a legal minded person?
Is section 76(1) in the 1991 Constitution an “entrenched clause” and therefore cannot be ammended? When parliament ammended the act in 2006, did the ammendment supersede the article in 1991? For constitutional and legal “ignoramuses” like some of us are, we would like to see the debate elevated and get different viewpoints on the issue. This is what we used to do at L&DS every Friday at the Prince of Wales School. Remember?
Now let’s turn to your darling party that has violated your sacred 1991 Constitution. What should be done to the executive, judiciary and legislative branches of Government that turned a blind eye on section 76(1). Why do they “cherry pick” on the law of the land? Do the courts rule on merits of cases in front of them? Why is it only now that Francis Gabidon is speaking on the matter? Was he in slumber all these years when the constitution was being violated by the “Supreme Leader” of Sierra Leone? Just some few questions to clarify during this important debate.
Dr. Julius Spencer is a fine gentleman and is doing what a spokesman of a political campaign should do. Shame on the “Justice System” in Sierra Leone. If not Sam Sumana ousting, it is dual citizenship......all in the name of putting the bull’s eye on a private citizen, who under the law of the land has met and fulfilled the requirements to run for the highest office of the land. SMH
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The Penalty: {Courtesy: SO Blyden}
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