{Courtesy: Voices Of Sierra Leone-Robert Malcolm Taylor}
EDDIE TURAY PUNCTURESYUMKELLA
Salone High Commissoiner to UK
I listened with rapt attention to a couple of speeches delivered by Kandeh Kolleh Yumkella alias KKY on Whatsapp. I surely congratulate him for his admirable education in his own field.
In his first statement, he boasted of being the strongest candidate in “this race”. Good- that is his perception and I respect that. He said further “I am a committed”, a passionate man, a strategic thinker. Bravo SLPP, you have got a great thinker to take you out of your political wilderness. He said further that he would make sure the next generation live in prosperity, and that he would teach some of them how to hold people accountable so that “they don’t rob you of your future.” Oh yes!
The next speech made me confirms Yumkella’s juvenile political experience. Listen to what he said, I quote: I will offer you the possibility of having hundreds of international elections observers to make sure the APC does not cheat you again. I offer you the possibility of raising millions of dollars to make sure the APC cannot buy your freedom and your votes again.” Really Mr Yumkella? Hear him again: I will bring my 30 years of international experience.” To whom? Of course the SLPP.
I wonder what percentage of those 30 years of developmental experience he offered to his party when it lost two consecutive general elections in 2007 and 2012 without grabbing a seat in the Western Area. I love you, pa Yumkella; I admire you as well but what I heard from you confirmed my assessment of your political standing as a juvenile with little or no political wisdom. Yes sir you may be well educated to the highest level, but political common sense is vital in the African spectrum.
It is unwise to condemn other political parties by portraying yourself as the saviour who sacrificed a fantastic and a well-paid job of thousands of dollars in salary and perks. Yes, I considered your sacrifice as your investment to become President of Sierra Leone. Therefore as in any investment, you expect a profit- or even profiteering.
At this stage, I would my peace, but please sir, I suggest you stop making criminal, inflammatory, and defamatory statements against the APC of which you have no evidence to support. This is not good politic.
It is my style not to interfere or meddle into the affairs of other political parties, but accusing the APC of cheating and buying votes from your supporters borders on political bigotry ( an is even an insult to your own supporters). Stop that it is cheap politics.
If your intention is to off-load the APC, I alone can offload you-not by violence or abuse, but by mature political thinking, wisdom and experience. I know your party is in deep political wilderness- for a party that ushered in independence to this country to contest two consecutive general elections and lost without a single seat in the capital (in fact the whole Western Area) you need to first do some deep internal reflection to address that sir than abusing the APC.
If you are interested, I recommend you read m y soon-to-be published book “The prophecies of a father” vol 2- there’s a chapter “The SLPP in political wilderness” from which you may learn something that might help you in re-shaping your political thoughts. The old adage says “a word for a wise is quite sufficient”
I have been fortunate to listen and observe many great Politicians in speech and active service but My High Commissioner sadly is not one of them. Maybe Pa Eddy relied on age and past destructive politics of the Late Stevens era to justify some semblence of matured politics. Is it any suprise that he and the likes of Pa Stevens old guards were soundly beaten by the APC new generation breed to take the leadership of that party. First canal sin by my High Commissioner, which shows that aged in politics doesn't necessary resonate to political maturity, was never indulged in party politics whilst holding the position of the highest representative of every Sierra Leoneans regardless of party political affiliation, residing in the UK and any other European Nation he maybe accreedited. HE Turay should keep a tight lip and not let his emotional political affiliation to the APC cloud his interlect and judgement. Any welled seasonned politician will know the difference between being a party political free hand and that of a High Commissioner representing an entier nation. Politics should have informed Pa Turay that he must at all times keep a guarded thought process in check and wait for the right time in his case when election campaign officially start. Kandeh Yumkella must have touch a raw nerve in Pa Turay, that he forgot his official role as a representative of all Sierra Leoneans and as such must show political maturity by staying out of the political sparring until further notice. Pa Turay, I do not see any political novice in Kandeh's utterance but rather the opposite. Which is doing what politician the world over do. Peach your tent and try to convince the electorates. Sadly High Commissioner, as painful as it is for you and being a strong APC Member, you do not have the privellege engaging in party politics whilst as the same time representing Sierra Leoneans of all political affiliation. The only Blab buster Pa Turay has actually bust is his own novice of political maturity.
Jimmy Kandeh, Donald Roberts, Columba Blango, M Alieu Iscandari, Foday Daboh
SIAKA PROBYN STEVENS (1905-1988) FIRST EXECUTIVE PRESIDENT OF SIERRA LEONE
Siaka Stevens was born on August 24, 1905 at Moyamba in what is now the Southern Province. He was educated at Albert Academy and much later at Ruskin College, Oxford, where he studied Trade Unionism. On leaving school, Stevens jointed the Sierra Leone Police Force and rose to the rank of First Class Sergeant and Musketry Instructor. From 1931 to 1946, he worked on the construction of the Sierra Leone Development Company (DELCO) railway, linking the Port of Pepel with the iron ore mines at Marampa. He later became station master and stenographer at Marampa. A co-founder of the United Mine Workers Union, he was appointed to the Protectorate Assembly in 1946 to represent the interests of workers. Elected to the Legislative Council in 1951 as second protectorate member, he was appointed in 1952 as Sierra Leone's first Minister of Mines, Lands and Labour. In 1957, he was elected to the House of Representatives as member for Port Loko East Constituency, but lost his seat as a result of an election petition. He later fell out with the leadership of the ruling S.L.P.P. and broke away to help found the People's National Party, of which he became the first Secretary-General and Deputy Leader.
When the United National Front (U.N.F.) government was formed in 1959, Siaka Stevens was not included in the cabinet since he had earlier lost his seat due to an election petition against him. He did however participate in the Independence Talks in London as the Deputy Leader of the P.N.P., which had then become part of the U.N.F. On the conclusion of the talks, however, Siaka Stevens was the only delegate who refused to sign the Independence Agreement on the grounds that there had been a secret defence pact between Sierra Leone and Britain. The U.N.F. position that there would be no elections before independence may have been the main reason for Siaka's refusal to sign, since this position would have effectively shut him out of the political process. Siaka was promptly expelled from the party on this return from Britain, but less than a month after his expulsion, he launched his Elections Before Independence Movement (EBIM) which was later to be transformed into the A.P.C.
Siaka Stevens successfully exploited the disenchantment of northern and eastern ethnic groups with the S.L.P.P. to forge the A.P.C. with such northern leaders as S.I. Koroma, C.A. Kamara-Taylor, M.O. Bash-Taqui, S.A.T. Koroma and S.A. Fofana, and to forge an alliance with the prominent Kono political leader, PC T.S. M'briwa, and his Sierra Leone Independence Movement (S.L.I.M.) In the 1962 general elections, Stevens' A.P.C. became the main opposition party, winning sixteen seats, while Stevens himself was returned to parliament as member for Freetown West II. He served the municipality as mayor in the same year. His party won the 1967 general elections, with Stevens retaining his seat in the Freetown West II constituency. He was appointed Prime Minister, but was detained by the military and denied the Premiership until the overthrow of the military government of the National Reformation Council (N.R.C.) in 1968, when he was reappointed Prime Minister. In April 1971, he introduced a Republican Constitution and became President of the Republic a day after the constitution had been ratified by parliament.
The first general elections under the Republican Constitution were held in 1973, but the elections were marked by so much violence that the opposition S.L.P.P. withdrew. The year 1978 saw the introduction of a one party constitution, and this marked the end of opposition parties in Sierra Leone. Siaka Stevens survived two attempted coups d'etat, and met violence with violence. However, as he succeeded in consolidating power in his hands, violence and political tensions gradually subsided.
Siaka Stevens sought to open the ranks of the party to all sectors of the community and to maintain a rough balance between ethnic groups, academics, clerics, businessmen and traditional rulers. His later years in office saw the gradual moulding of diverse groups into a unified nation, the progressive lessening of cultural and regional tensions, and the creation of a more homogeneous political community. The overall impact of these developments was to provide relative stability and gradual acceptance by all Sierra Leoneans of the authority of the A.P.C. government. It was little wonder therefore that there was no hitch when the time came for Siaka Stevens to pass on the mantle of leadership to a younger man. He will long be remembered for his wise sayings, and it could be said that he heard "Sh Sh..." and, being the wise chicken he always has been, got out of the way before a stone hit him on the head.
Doctor Stevens died on 28th May 1988 in Freetown.
CHRISTIAN ALUSINE KAMARA-TAYLOR (1917-1985) ASTUTE POLITICIAN AND FOUNDER MEMBER OF THE A.P.C.
Popular known as "C.A.," the late Christian Alusine Kamara-Taylor was born on June 3rd, 1917 at Kafanta, Tonko Limba Chiefdom, in what is now Kambia District. A political activist, educator and trade unionist, he contributed much to the political and socio-economic development of Sierra Leone.
He was educated at a local primary school, the Methodist Boys' High School and the London School of Accountancy, where he obtained a diploma in Business Methods. He returned home and gained employment as a clerk for the Sierra Leone Development Company. He later joined the Sierra Leone Regiment, rising to the position of sergeant. He saw service in Burma during World War II, but left the army after the war. He then joined the United African Company, and became public relations officer and secretary to the general manager.
Mr. Kamara-Taylor became active in local politics and was a foundation member of the A.P.C. He served as the first secretary-general of the party, a position he handled admirably for over fifteen years. He entered parliament in 1957. He contested the 1962 elections, and was elected M.P. for Kambia East Constituency. He retained his seat in the 1967 general elections and, after the return to civilian rule in 1968, was appointed Minister of Lands, Mines and Labour. Following a cabinet reshuffle in 1971, he was appointed Minister of Finance. He became Prime Minister and Minister of Interior in 1975. After the introduction of a one party constitution in 1978, Mr. C.A. Kamara-Taylor became Second Vice-President, and held that post until his death in 1985.
As a politician, he tried to foster integration among the various ethnic groups. Many will recall his selflessness when, at a crucial point during opposition days, he volunteered to answer to charges preferred against Siaka Stevens. The conviction and possible imprisonment, of Siaka Stevens then could have spelt the end of the A.P.C.
The solemn state funeral that was accorded him at his death was a fitting tribute to the contribution he made to the development of Sierra Leone.
SORIE IBRAHIM KOROMA (1930-) POLITICAL ORGANISER AND TACTICIAN
Sorie Ibrahim Koroma was born in Port Loko, Maforki Chiefdom, Port Loko District, in 1930. On of Sierra Leone's most vibrant political figures, S.I. Koroma was also involved in the labour movement of the 1950s. He blazed the trail for the implementation of the self-help idea which was an important aspect of rural development during the 1970s.
Educated at the Government Model School, Freetown, and at the Bo Government School, Mr. Koroma worked in the co-operative department from 1951 to 1958 and took a course during that time at the Co-operative College, Ibadan, Nigeria. In 1958, he resigned from government and went into private business while also becoming the first secretary-general of the Sierra Leone Motor Transport Union.
He was one of the founder members of the A.P.C., formed in 1960, and became the party's first National Propaganda and Organising Secretary. In this role, Mr. Koroma did his best to educate the people about their political rights, and won astounding success in bringing the A.P.C. to the people and increasing the popularity of the party. In 1962, S.I. Koroma was elected to parliament as M.P. for Freetown Central I Constituency.
In 1967, he was returned to parliament for the same constituency. Following the return to civilian rule in 1968, he became Minister of Trade and Industry in Siaka Stevens' first cabinet. In a cabinet reshuffle in 1969, he was appointed Minister of Agriculture and National Resources. On the attainment of republican status in 1971, S.I. Koroma became Vice-President and Prime Minister, and in another cabinet reshuffle in 1975 he was made Vice-President and Minister of Finance. Following the 1978 one party referendum, he was appointed First Vice-President, a position he held until his retirement from politics in 1986.
Popularly known as "S.I.," Mr. Koroma epitomised the hard-working, disciplined and relentless leader who was willing to lead his forces against any foe. He led the A.P.C. in many skirmishes during the early days then the party had to fight for its very survival. As the second-in-command in the party hierarchy, many people believe that his faithfulness and his untiring dedication to the defence of the A.P.C. at all costs sustained the party up to his retirement. For this relentless defence, he earned himself many enemies.
Mr. Koroma was for a long time the number two man of the party, but bowed out of the race for succession to Siaka Stevens when it became clear that Major-General Momoh had the support of the rank and file of the party as well as of the general populace. Mr. Koroma continues to be a high-ranking member of the ruling A.P.C. party, but has retired from government to devote his time and attention to the management of his oil palm plantation near his home town of Port Loko.
Paramount Chief Tamba Songu M'briwa was born at Jagbwema, Fiama Chiefdom, in what became Kono District, the Eastern Province of Sierra Leone. He was an active politician who formed one of the Sierra Leone's few political parties before independence.
He was educated at a local primary school before proceeding to the Bo Government School. He worked as a government dispenser before he became paramount chief. As a paramount chief in the colonial era, Tamba Songu M'briwa did much to improve the lot of his people. He established schools in his chiefdom and was generally devoted to the education of the young.
As a politician, he formed the Sierra Leone People's Independence Movement (S.L.P.I.M.) later renamed the Kono People's Union (K.P.U.) As leader of his party he tried to inculcate a sense of responsibility in his followers, and did his best to educate the Kono people on their political rights. His party became so popular and famous in the Kono District that the S.L.P.P., a rival political party, never won a single seat in local government elections in the Kono District during the existence of the K.P.U.
He was a fearless leader who was highly respected for his selflessness, which won him the admiration of many positive-thinking Sierra Leoneans. Convinced of the need for unity, he did much in the way of bringing together the various and varied ethnic groups in cosmopolitan Kono into his political party.
He remained a popular politician and a prominent paramount chief until he fell out with Sir Milton Margai. He was subsequently suspended from office and banished to Kamakwie in the Bombali District, Northern Province. He was eventually reinstated and later joined forces with the A.P.C., assisting in the victory of the A.P.C. over the S.L.P.P. in the 1967 general elections.
T.S. M'briwa, the fiery Kono leader, died in 1968, a few days after winning the by-elections as Paramount Chief Member for Kono District in the Sierra Leone Parliament.
Dr Abdulai Conteh and Pa Peter Tucker are eminent gentlemen with verse external overseas experiences. They have both played very large roles in Sierra Leone Politics within the last 50 years. However, both gentlemen and others who assisted the Constitutional committee which Dr Peter Tucker headed as commissioned by President Joseph Saidu Momoh to get the country back to a multiparty democracy via the 1991constitution left unforeseeable gaps in this brilliantly crafted constitution. No one foresaw this scenario which has just been displayed in our time! All good will was directed to make the constitution watertight (and remember, both men came from opposite camps, (SLPP and APC). No one thought of a situation whereby the Vice President would "abandon" his post, albeit for a short while, and "run for cover" in a foreign embassy, technically removing himself from office. None of these two clever gentlemen and their assistants in that constitutional project thought of the difficulties or "mischief" that would emerge between Section 40 and Section 41 and the implications and effect of Sec 55 on Sec 54(5). As it is said, " to err is human": and this is a gigantic shortfall on the Peter Tucker Constitutional Committee of 1991 however brilliant, genuine, clever and honest the drafters/ framers/ proof readers whatever, were.
The Supreme Court has now made a JUDGEMENT, the country must now accept that judgement and move on. The brilliant opinions of learners and experts have been widely played out but the only EFFECTIVE DECISION is the one by the Supreme Court Judges and that has now been pronounced by the Acting Chief Justice, Valesius Thomas - SO LET IT BE!
Former Vice President Samuel Sam Sumana must now TAKE A BOW" and look for greener pastures.
A GREAT DAY FOR SIERRA LEONE'S MODERNITY. (By Sulaiman Forna)
THE APC OF PRESIDENT KOROMA WILL ALWAYS EMERGE VICTORIOUS IN ALL THEIR STRUGGLES, WHY.
THE SUPREME COURT RULED IN FAVOR OF THE PRESIDENT. This shows that our country has made progress where the courts has interpreted that a constitution should not be solidly rigid. It should relate to current political, social and economic circumstances. For example how can we argue that a president should not be able to take action when a VP does something significant to jeopardize the peace and integrity of a government.
I have always said the APC of President Koroma is an emotionally stable entity, and can settle things amicably through the required process existing in our country rather than through bloodshed. Recently President Koroma's government afforded accused coup plotters/mutineers the opportunity to get justice, and for the first time in our country's history soldiers got their cases redressed through actual court processes. Today every none employed Sierra Leanean may benefit from Legal Aid support, and be represented In court for free.
Ever since the sacking of former VP Sam Sumana the opposition went wild condemning the actions of the president. Fake nude photos of our current sitting VP circulated by members of the opposition in social media. Their aspiring leaders Ali Kabah, Yumkela group and their families insulted president Koroma in Washington.
The APC had always respected court proceses and believed the actions of the president to dismiss Sam was constitutional. Well today the Supreme Court, the highest court of the land ruled in favor of our president. That is how the APC work, peacefully, consistently, persistence, resilience, patience, positive temperament, tolerance, and a craving for staying focus on the established mission to change Sierra Leone so that good may overcome evil.
The Sierra Leone Supreme Court has ruled that President Ernest Koroma had powers to remove former Vice-President Sam Sumana and that Section 41 that a Vice-President must belong to a political party to hold office is a continuous requirement . The President’s powers to remove the VP are enshrined in Section 40 of the constitution.
Acting Chief Justice Valesius Thomas ruled that the president has powers to remove Sam sumana under section 40 since the requirement on section 41 is continuous”.
Quoting Sections 40 and 41 of the constitution, the judge noted, among other things, that the president is mandated to relieve the Vice President of his post in a situation in which the latter ceases to meet the requirements to hold the office of Vice President. The references here implied to the dismissal of the VP from the ruling party, and which thus, prevented him from meeting the requirement of being a member of a political party. He said that the President has powers to relieve the VP when he has lost the continuous requirements.
According to Acting Chief Justice Valesius Thomas, Mr Sam-Sumana`s loss of membership of a political party created a vacancy in the office of the VP.
He also said that the Supreme Executive Authority’ clause, which President Koroma banked on for his decision, did give the President power to remove the VP wherein Constitutional provisions were not expressly applicable.
The president’s decision therefore in sacking his VP and appointing Victor Foh stands.
The judge also ruled that the provisions in Sec. 55 are by implication modified by the provisions in Sec 54 (5)
Justice Thomas also ruled that the Sierra Leone Supreme Court is not obliged to follow the decision in the Atiku case without reference to the issues before the court and that the issue in the Atiku case is not the same as the issue before this court.
The Supreme Court's (hereinafter referred to as SC) Ruling of Wednesday September 10th 2015 will remain d most historic of our legal time. But it should send a strong message to the Committee working on d new constitution. The fact that our national Constitution makes room for a number of catastrophic lacunas should not be overemphasized.
The SC unanimously held that the President has right using his Supreme Executive Authority and Executive Power to dismiss his own Vice President both of whom were elected on one and thee same ticket.
The Plaintiff's counsel brought the Action pursuant to sections 124 & 127(1) of Constitution. The former provides for invoking the original jurisdiction of the SC for the Interpretation of the Constitution. I agree with the SC's argument that s.127(1) of the Constitution was wrongly invoked by the Plaintiff's counsel as the Public Notice which formed the subject matter of the Plaintiff's case could not be considered an "enactment".
I also agree with the SC that the Plaintiff's counsel however were right on the other hand in invoking the the original jurisdiction of the SC as in the the said Public Notice the President purported to have sacked and/or relieved his elected VP pursuant to his "Supreme Executive Powers" undefined in s.40(1) of the Constitution. This clearly was a constitutional issue in which only the SC has jurisdiction to interprete.
Two questions were posed to the SC for determination and consequently for a declaration.
I am sanguine to state that the first question posed by the Plaintiff in his Originating Notice of Motion (which was answered by the SC in the affirmative) was incorrectly asked. To ask whether the President has any right to sack and/ or relieve his Vice under the 1991 Constitution other than the provisions set out in sections 50 & 51 is to say that these two sections in fact give the President power to sack his VP out of office, which is NOT the case. These two sections do not in anyway give the President power to sack his Vice. Instead the said sections 50 & 51 empower the people's representatives i. e. Parliament to follow stipulated procedure therein in setting aside from office the President/the Vice President where there is evidence of gross misconduct/abuse of the Constitution and mental incapability to discharge his functions. I will therefore state that the incorrectness of the question posed was a matter of syntax and semantics in context, a big blunder by counsel for the Plaintiff, a mistake which the arbiters never pardoned rightly so!
It is my considered opinion however that the second question was properly put to the SC for interpretation/determination. Does the Supreme Executive Power (undefined in the Constitution) include the power of the President to sack and/or relieve the VP of his duties? In my opinion, a BIG NO! This is where I depart from the SC. The argument of the SC is on two folds, to wit; that the qualifications set out in s.41 are continuous requirements if an elected President or VP should continue to remain in power. Second, that s.40(1) and 53(1) of the Constitution conferring supreme executive authority and executive power on the President mean that the President can use those powers to sack the VP.
Let me start off with the argument in favour of "continuous requirement". Permit me to reproduce section 41 of the Constitution. "No person shall be qualified for election as President unless he-
a) is a citizen of Sierra Leone;
b) is a member of a political party;
c) has attained the age of forty years;
d) is otherwise qualified to be elected as a Member of Parliament.
Please note that these requirements also hold for a person running for the office of VP.
It was the argument of the Defendants' counsel that all of these requirements should be considered jointly and not severally so that once the VP lost his membership from the APC Party he automatically lost his post as the Vice President of the nation. They argued that if this is not the case, it's possible for a President or VP after election to cease to be a Sierra Leonean by renouncing his citizenship. So true! However renouncing one's citizenship is a matter of volution/willingness. But this explanation CANNOT be said to hold with membership to a political party. With this, one's membership can be REVOKED against his will. If this is the case with the Plaintiff (expelled from his party against his will) the Purposive Test which the SC so relied on should be applied here. The Continuous Requirements Test" SHOULD NOT APPLY here. I submit that it should only apply had the VP himself renounced his membership from his party just as one would voluntarily do in renouncing his citizenship. It is my considered opinion that NO vacancy existed in the office of the VP. Besides, the VP still had time to appeal against the decision of his party before he was sacked from office. As a matter of fact vacancy can only exist in sections 50, 51 & 55.
S. 55 clearly states instances were vacancy shall deem to exist in the office of the VP; on the expiration of his term of office, where he dies retires or resigns or where he assumes the office of the President or where he is removed by the procedures set out in sections 50 & 51.
Bearing s.55 in mind, we should be reminded that express provisions of law as those stated in s.55 supersede any implied provisions. I thought the SC would have considered that!
I am exceedingly worried about the stability of our President given this SC judgment. Leave Chief Sumana out of this. I cannot support a man of his calibre. You all know the different scandals he allegedly involved in, from timbergate to other "gates". But the office he occupied supersedes him and any subsequent VP. I am writing in that regard. My fear for our President Dr. Earnest Bai Koroma is simple. What happens if APC's national conference that which expelled Samsumana wake up on the wrong side of their bed one morning and considered that the President has wielded enormous powers so much that the dictates of the party in their opinion are not followed by him and as such they expel him from the party? Going by the SC's Ruling the President will thus cease to be the President of the country because at the material time he would not be considered a member of a political party! The Vice President will climb up to assume the office of the President and guess what? The military may be tempted to come in and put an end to that madness as it would appear that a palace coup was effected just as it appeared in the case of the booted elected VP.
We have to be careful and think beyond the walls of our homes and places of work when we make national decisions!
That brings me to the appointed VP, his Excellency Victor Foh. Assuming without conceding that a vacancy was legally created when Mr Foh was appointed to take over as VP, these questions will readily come to mind; was Mr Foh the right person to have appointed? Did he meet the necessary constitutional provision for him to be appointed? Here again, a BIG NO! I support my NO with s.54 (5) which provides thus; "Where the office of the VP is vacant (see s.55 supra) or the VP dies, resigns, retires, or is removed from office (see 50&51 supra), the President shall shall appoint a PERSON QUALIFIED TO BE ELECTED AS A MEMBER OF PARLIAMENT (emphasis mine) to the office of the VP with effect of from the date of such vacancy, death, resignation, retirement or removal. The records reflect that Mr Foh was an ambassador at the time he was appointed as VP. Thus he was not qualified to be elected as an MP nor to be appointed as a VP, yet the SC Ruling says he was legally qualified. Lawyers will say that's the beauty of the law. It's susceptible to different interpretations.
I would only appeal to the CRC to ensure that this time round little or no lacuna is made room for in the constitution and the enormous powers of a President in the constitution are lifted/limited so that people stop working to satisfy the President and or subsequent Presidents at the detriment of the people.
Sierra Leone’s former Vice-President Alhaji Sam Sumana is one of the losers once again at the Supreme Court as the highest court in the land threw out the joint petition of alleged constitutional breaches brought jointly by the opposition Sierra Leone People’s Party ( SLPP ) and the People’s Movement For Democratic Change ( PMDC ) against the Attorney General and Minister of Justice and seven others .
FORMER VP SAM SUMANA
The justices of the Supreme Court ruled in Freetown yesterday that the originating notice of motion filed for the SLPP and PMDC lacked jurisdiction and that the manner the matter had been presented cannot be maintained. Also, the Supreme Court struck the case out because in the originating notice of motion filed before the Court by the two parties , the Plaintiffs before the court are not natural persons or juristic persons.
It must be recalled that on May 12, 2015 the SLPP and the PMDC, represented by attorneys Charles Francis Margai, Dr. Bu- BuakeiJabbie, Roberts B Kowa and Suliaman Banja TejanSie. had prayed the Supreme Court to look into what they alleged were constitutional breaches committed by the decision to relieve Sam Sumana of his duties andthe appointments of Victor Bockarie Foh as the new Vice President ; Mr. Arrow John Bockarie as deputy Minister of Justice ; the appointments of Speaker and deputy Speaker of Parliament and the appointments of Northern Region Electoral Commissioner, Macksood GibrilSesay and Augusta Bockarie as the Electoral Commissioner South.
In the matter involving the VP, Hon . Samuel Sam Sumana, a Sierra Leone Government press release on Tuesday March 17, 2015 stated that the then VP had been relieved of his post by President Ernest Koroma because he lost a continuous requirement to serve as VP as provided for in Section 41 (b) of the constitution of Sierra Leone , Act No. 6 of 1991. The same statement said that on Saturday March 15, 2015, the then VP sought asylum from a foreign embassy , demonstrating a willingness to abandon his duties and office as Vice-President of Sierra Leone.
On July 17, 2015 , lawyers representing the Attorney General and others, led by Mr. Berthan Macaulay jr had submitted that in the originating notice of motion filed before the Court by the SLPP and the PMDC the Plaintiffs mentioned in the matter before the court are not natural persons or juristic persons and as such, the case should be struck out. Mr. Macauley argued that the SLPP and PMDC are non-existing Plaintiffs to enter an appearance with the court in contravention of the statutory provisions and general laws and thus submitted that the Supreme Court should not look into the merits and demerits of the matter.
During yesterday’s ruling, Supreme Court Justices , Judges Nicholas Brown-Mark , Eku Roberts and Patrick O. Hamilton, upheld the motion by Mr. Bertan Macauley jr , which had been supported by Lawyer Ajibola Manley-Spaine, one of the lawyers representing the Government .
Monologue 'WILL NOT' be aired as before because the Presenter TAM MBAYOH's 'WHEEL NUTS' were apprently removed yet, he drove his car at 50 miles per hour in haste through the streets of Freetown ending up at Wilkinson Road before TWO tyres 'fly off' whilst the car was stable and did not turn over. 'LUCKY BOY' or an 'UNLIKELY STORY'? His residual reputation is now nothing more than a BOLTS and NUTS case:)
The Minister of Energy and Power, Oluyini Robin Coker, and his deputy Martin Bash Kamara have been sacked by H.E President Ernest Bai Koroma while the Ministry Permanent Secretary , Alhaji BE Sesay and National Power Authority General Manager Zubriu Kalackoh and his Deputy have all been suspended with immedate effect.
GOVERNMENT PRESS RELEASE
PRESS RELEASE
IN THE PAST FEW WEEKS, SEVERAL MEETINGS WERE HELD AT STATE HOUSE TO REVIEW OUR ENERGY PROJECTS.
THE OUTCOME OF THESE MEETINGS HAS LEFT HIS EXCELLENCY THE PRESIDENT WITH THE CONCLUSION THAT THE MINISTRY OF ENERGY AND THE NATIONAL POWER AUTHORITY HAVE NOT PROVED THEMSELVES EQUAL TO THE TASK OF MANAGING THE IMPLEMENTATION OF OUR ENERGY PROJECTS.
IN CONSEQUENCE THEREOF, HIS EXCELLENCY THE PRESIDENT HAS DECIDED TO RELIEVE MR. OLUNIYI ROBBIN-COKER, MINISTER OF ENERGY AND MR. MARTIN BASH-KAMARA, DEPUTY MINISTER OF ENERGY OF THEIR DUTIES WITH IMMEDIATE EFFECT.
FURTHERMORE, ALHAJI B.E.SEISAY, PERMANENT SECRETARY, MINISTRY OF ENERGY, DR. ZUBAIRU KALOKOH GENERAL MANAGER, AND MR.DENNIS GARVEY, DEPUTY GENERAL MANAGER, NATIONAL POWER AUTHORITY ARE ALL SUSPENDED FROM DUTY WITH IMMEDIATE EFFECT PENDING APPROPRIATE DISCIPLINARY ACTION TO BE INSTITUTED AGAINST THEM.
THE PASSING OF THIS "FREEDOM OF INFORMATION ACT 2013" HAS GENERATED A WIDER DEBATE WITHIN THE SIERRA LEONE COMMUNITY AND OTHER INTERESTED PARTIES. WHAT DOES IT REALLY MEAN? WOULD IT WORK IN THE ABSENCE OF DATA PROTECTION LEGISLATION? WOULD THIS ACT WORK CONTRARY TO THE CONTROVERCIAL PUBLIC ORDER ACT 1965, ESPECIALLY THE CRIMINAL LIBEL AND SIDITION PROVISIONS OF THAT ACT? WHAT SAFEGUARDS ARE PROVIDED FOR MISUSE OF FREEDOM OF SPEECH VIOLATIONS THAT GENERATE CONFRONTATIONS WITH SOME JOURNALISTS? &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& The Sierra Leone Parliament enacted into law, the Right to Access Information Act, 2013 otherwise known as, the “Freedom of Information Act.
The Minister of Information and Communications, Hon. Alpha B.S. Khan in presenting the Bill told parliamentarians and members of the public that the Right to Access Information has today become a human right component in the administration of modern States aimed at promoting transparency, good governance and accountability. An important feature of the bill, the Minister said, is that which has to do with efficient records keeping within Ministries, Departments and Agencies and even Non-Governmental organizations.
Records keeping among State and Non-State actors had collapsed over the years, and it is the fervent belief of the Minister that with the advent of the Right to Access Information Act, Sierra Leoneans will inculcate the art of record keeping and the development of libraries and archives.
Khanu in his usual confident and convincing posture allayed the fear of some parliamentarians who were of the belief that the Right to Access Information Act is aimed at giving Journalists a field day to poke into the private lives of public officers. He said the exempt clauses in Part 111 of the Act are the safeguards for individual’s personal lives, traditional societies and that of our national security.
“The Act does not favour Journalists in the strict sense of the word, rather every citizen including Researchers, academics and the ordinary man at Krubola in Koinadugu district stands to benefit from this Act”, Khanu emphasized.
Hon. Frank Kposowa of the opposition Sierra Leone People’s party in his contribution informed the House that Sierra Leone has joined 94 countries in the world including 11 countries in Africa that have enacted the Right to Access Information Bill. He said the Bill is designed to fight against ignorance and make way for an open government initiative… “It is designed to restore human dignity and to usher in effective monitoring of Government expenditure. This will build up confidence in the system.” He concluded.
The passage of the Right to Access Information Act 2013 has further increased His Excellency, Dr. Ernest Koroma’s democratic credentials. Upon assumption of office in 2007, he committed himself to ensuring that every citizen has access to timely and accurate information by creating institutions like the Open Government Initiative (OGI) where citizens have direct access to the President and all State functionaries through town hall meetings to explain Government’s policies and programmes uncensored.
The creation of the Office of the Government Spokesman and the hosting of weekly Press briefings at the Ministry of Information and Communications further demonstrates President Koroma’s genuine commitment to transparency and accountability in the governance of the State.
The Right to Access Information Bill was first introduced to Sierra Leone’s Parliament as a Government motion by the former Minister of Information and Communications, Hon. Alhaji Ibrahim Ben Kargbo in 2010 and committed to the Legislative Committee on two occasions.
Sierra Leone: New law promotes transparency Long-Awaited Information Act Could Spur Greater Government Openness
DEMOCRATIC PRESIDENT : DR.ERNEST BAI KOROMA
The Sierra Leone parliament’s passage of a freedom of information law is a major step to ensure greater government transparency, the rule of law, and respect for human rights, Amnesty International, Human Rights Watch, and Sierra Leone’s Freedom of Information Coalition said today. The new legislation, enacted today, is crucial for effective, transparent, and accountable governance. The Right to Access Information Act establishes a right to access government information and requires all parts of government to adopt and widely disseminate a plan for making records publicly available. The legislation also imposes a penalty for willful obstruction of its provisions.
The law was first proposed in 2003 but has languished in Sierra Leone’s parliament since 2010. President Ernest Bai Koroma must now sign the act for it to enter into force. “One of the most important things in Sierra Leone right now is for everyone to have the right to information,” said Emmanuel Saffa Abdulai, executive director of the Society of Democratic Initiatives, which coordinated the Freedom of Information Coalition’s campaign for the bill’s passage. “Sierra Leoneans can’t hold elected officials to account without access to basic information about what the government is doing.”
Sierra Leone is recovering and rebuilding from a long and brutal armed conflict that ended in 2002. With foreign investors returning to the resource-rich country, the government is leasing land for commercialized agriculture and mining. Some affected residents who have sought more information or challenged these deals have faced reprisal ranging from harassment to arrest. Freedom of information is recognized as an essential element of the right to freedom of expression in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and other international instruments.
By passing this law, Sierra Leone’s government is significantly advancing its commitment to international and regional human rights obligations. Donors to Sierra Leone, as well as other multinational bodies, have called on the government to increase transparency and adopt other good governance and rule of law measures. Passage of the law would enable Sierra Leone to meet the minimum eligibility requirements to join the international Open Government Partnership, which meets in London from October 31 to November 1. Sierra Leone has applied to join the Extractive Industries Transparency Initiative, which works to improve openness and accountability about how revenues from natural resources get managed. But its bid was suspended in February, pending further information, because of insufficient documentation of mining revenue and company payments.
Transparency of government information in Sierra Leone has been hindered by the country’s criminal libel law, which the authorities invoke against journalists, civil society members, and others who criticize the government. On October 25, two journalists from a privately owned newspaper, the Independent Observer, were arrested, charged with sedition and other offenses, jailed, and denied bail for criticizing President Koroma. “If fully and effectively implemented, the new information law can help transform Sierra Leone into a model of transparency and rule of law for all of West Africa,” said Solomon Sogbandi, Amnesty International Sierra Leone Director. “We urge the president to show the necessary leadership and political will by signing this long-awaited bill into law.”
For more information, contact: In Freetown, Emmanuel Saffa Abdulai (English, Krio), Coordinator, Freedom of Information Coalition, +23276647456; +23233647456 or measdrb@gmail.com In Dakar, Lisa Sherman-Nikolaus (English, Spanish), Amnesty International, +221 338642664 In New York, Rona Peligal (English), Human Rights Watch, 1-917-363-3893 or peligar@hrw.org
The bill entitled Right to Access Information (RAI) Act of 2013, on Tuesday 29 October 2013 got enacted. The bill which was piloted by the Minister of Information and Communication, Honourable Alhaji Alpha Kanu, was unanimously approved by the entire membership of parliament. The debate, prior to it being passed, however saw one of the respected elected parliamentarians, Hon. Ibrahim Bundu of Port Loko, stand up to lecture on the need for rights to reputation to also be honoured by those journalists demanding their rights to access information.
Hon Ibrahim Bundu, who is the Deputy Majority Leader of the ruling All Peoples Congress in Parliament, said, with the enactment of the bill, journalists will now have an unprecedented access to huge volumes of information. He pointed out that though concerns had been raised about the potential for unscrupulous journalists to abuse their rights to access information, the APC has always been determined to ensure the rights of citizens to access information, was promulgated.
Hon. Bundu went on to cite the constitutional provisions that the ruling party adhered to in order to push for citizens to be given access to information. He debunked claims that any external force was responsible for the APC-led government to push the bill through. It can be recalled that at his first press conference called up after his re-elections, President Koroma had categorically stated that the RAI bill will be enacted shortly.
In the Well of Parliament, Hon. Bundu continued his submissions by acknowledging that those journalists who believe in character assassination will be tempted to tread on dangerous grounds but he strongly cautioned them that the State will not sit by and allow such attacks on rights to reputation to be tampered with.
“It was a famous philosopher who once said that if you lose you wealth, you do not lose anything. If you lose your health you have lost something but if you lose your reputation, you have lost everything,” the Hon. MP asserted.
“There is no supermarket in the world where one can walk in and buy a bottle of reputation that has been lost. You can buy a lot of things but you cannot buy reputation that has been lost”, Hon. Ibrahim Bundu disclosed. He therefore ended his lecture by advising all practicing journalists to stay within the laws of the land. He said if they just obey the laws governing their profession, they will be on “safe ground and be on the right track”.
Similar sentiments were expressed by other MPs. In his contribution, Hon Andrew Lungay of the main opposition Sierra Leone Peoples Party(SLPP) representing Kenema District said some journalists are doing remarkable jobs but he lamented that some others were just horrible. The MP further advised media practitioners to consider insurance for their establishments, their employed reporters so that in the consequence of being levied to pay damages, the Insurance company will pay.
Adding to the debate the Deputy Minority Leader of SLPP in Parliament, Hon. Ansu Kaikai said with the enactment of the RAI bill, yellow journalism and malicious libel will no longer be entertained as journalists now have the right to request and receive correct information. Hon. Kaikai said speculative journalism will now be frowned upon.
As a sample of the initial debates, I re- produce below (with kind permission) a brief Facebook discuss betwen John Baimba Sesay and Sourie Turay, following John Baimba Sesay's original posting, which I find very interesting.
The enactment of a law guaranteeing access to public held information is a clear manifestation of the country’s commitment to the principles of good governance especially in relation to openness. FOI law, no doubts serves governance in a number of ways: it underpins elections, ensure accountability, central to participatory democracy and a prominent tool in tackling corruption. The Government, through its Ministry of Information and Communication deserves commendation. And thanks to Minister Alpha Kanu and his team for this great achievement. This apparently indicates the commitment of the Koroma led administration to ensure we move in line with president day good governance practice for which I am proud as a Sierra Leonean. Watch out for my take on this in the form of an article….
This promted an initial debate betweenSourie Turay and John Baimba Sesay
Sourie TurayThis is clearly a good move and we hope the devil does not lie in the details. As you prepare your article, remember we have a template agreed in 2005 and what you need to clarify would include the Information Commissioner, his role and reporting line and whether he will be independent; the Publication Scheme which tells us what we should generally expect to get and timeframe; the Exemption Clauses which tells us in clear terms what we are not entitled to. We need to know how this whole Act will sit with the basic Constitutional provision to the right to privacy and in the absence of any Data Protection Act to what extent the FOI may actually conflict with the Constitution. Look forward to reading your take!!
John Baimba SesayAfter the enactment,we now talk about the infrastructure needed and thereafter we get the structures in places....this is realistically commendable on the part of government
Sourie TurayThat cannot be true. The Act will tell us about the structures. That is an integral part of any FOI so you do not have an Act and then talk about the "infrastructure needed" as if to say it is an enabling Act. The minister himself referred to it as a "human right" and it is not something you leave to the minister to pass by regulations. But we labo here because we are only past the First Reading and unless it becomes an emergency bill, we have a way to go yet. You begin to worry me already with your grasp!!!
John Baimba SesaySourie Turay be realistic here ...it is clearly clear that the structures will only come after the enactment,like having the office space,the personnel u referred to amongst others....I have been an advocate for this for years as I was Information Officer for Society for Democratic Initiatives ,the body that has taken the lead in this campaign.... The fact that the law is there is an indication of the country's readiness to get things up and running. Bro or sister
Sourie TurayWe are not talking about people rather we talk about an office for which there is a clear provision in the Bill. Let us forget about your credentials for a bit my friend. If the Bill provides for a Commissioner, it will tell us what that Commissioner will do; it will tell us whether he is independent or has a reporting line. If the minister talked about an Exemption Clause recognising our "traditional" values then the Bill like FOI Acts every place on earth will talk about Exemption Clauses and above all, it must talk about the Publication Scheme because that is what the essence of the law is. We are not talking about whether John Baimba will be the Commissioner or whether his office will be in WSilberforce Street, we talk about what in the eventual Act makes it worthy of our jubilation at what is after all and by any definition a historic step. If you were what you tell us you were, you would at least know these fundamentals and I will bet you my life that when the Bill becomes law, it will have all those specifications I have outlined and it is the extent to which those are restricted or expanded that will make it a truly historical Act. I can tell you cover to cover what the original draft drawn up with Article 19 says and it is against this that the eventual law will be judged!!
Salone High Commissoiner to UK 
NEWS FLASH : ENERGY AND POWER MINISTER AND DEPUTY FIRED : NPA CHIEF SUSPENDED
Saved under COMMENTARY, SPECIAL FEATURE, TOP STORY
OLUNYI ROBIN-COKER
The Minister of Energy and Power, Oluyini Robin Coker, and his deputy Martin Bash Kamara have been sacked by H.E President Ernest Bai Koroma while the Ministry Permanent Secretary , Alhaji BE Sesay and National Power Authority General Manager Zubriu Kalackoh and his Deputy have all been suspended with immedate effect.
GOVERNMENT PRESS RELEASE
PRESS RELEASE
IN THE PAST FEW WEEKS, SEVERAL MEETINGS WERE HELD AT STATE HOUSE TO REVIEW OUR ENERGY PROJECTS.
THE OUTCOME OF THESE MEETINGS HAS LEFT HIS EXCELLENCY THE PRESIDENT WITH THE CONCLUSION THAT THE MINISTRY OF ENERGY AND THE NATIONAL POWER AUTHORITY HAVE NOT PROVED THEMSELVES EQUAL TO THE TASK OF MANAGING THE IMPLEMENTATION OF OUR ENERGY PROJECTS.
IN CONSEQUENCE THEREOF, HIS EXCELLENCY THE PRESIDENT HAS DECIDED TO RELIEVE MR. OLUNIYI ROBBIN-COKER, MINISTER OF ENERGY AND MR. MARTIN BASH-KAMARA, DEPUTY MINISTER OF ENERGY OF THEIR DUTIES WITH IMMEDIATE EFFECT.
FURTHERMORE, ALHAJI B.E.SEISAY, PERMANENT SECRETARY, MINISTRY OF ENERGY, DR. ZUBAIRU KALOKOH GENERAL MANAGER, AND MR.DENNIS GARVEY, DEPUTY GENERAL MANAGER, NATIONAL POWER AUTHORITY ARE ALL SUSPENDED FROM DUTY WITH IMMEDIATE EFFECT PENDING APPROPRIATE DISCIPLINARY ACTION TO BE INSTITUTED AGAINST THEM.
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STATE HOUSE
FREETOWN 19TH FEBRUARY, 2014