Sierra Leone's constitution is increasingly viewed as a document undergoing frequent alterations, with observers noting a pattern of repeated reviews. The nation's foundational legal text, intended as a testament to enduring principles of liberty, justice, and democracy, is instead described by some as fast becoming a "lawful comedy" due to these continuous amendments. Critics further characterize these constitutional reviews as "constitutional gymnastics" that occur with every reigning political cycle in Sierra Leone. The constitution, the supreme law of the land, should ideally serve as a steadfast testament to enduring principles guiding liberty, justice, and democracy for all citizens. However, amendments to Sierra Leone's constitution have been coming 'thick and fast with every change of government or every election cycle,' creating a perception of instability rather than permanence. This consistent pattern of revision raises significant questions about the long-term stability and integrity of the nation's foundational legal framework.
Electoral Cycles and Constitutional Gymnastics
Each census in Sierra Leone typically leads to the sitting government establishing new constituencies and districts. This process of re-demarcation is a significant undertaking, directly impacting political representation across the country. Constitutional reviews often occur on the eve of elections, a pattern that has characterized Sierra Leone's political landscape for some time. This timing frequently fuels public debate and speculation about the underlying motivations behind such extensive legal overhauls. The close proximity of these reviews to electoral periods often leads to them being perceived as politically expedient rather than purely driven by the need for fundamental legal improvement.
Former President Ernest Bai Koroma initiated his Constitutional Review Committee on July 30, 2013, during his second term in office. This committee was tasked with examining various aspects of the existing constitution and proposing amendments. The full review process eventually concluded its work, and its final report was presented on January 24th, 2017. The presentation of the report took place approximately one year before the country's 2018 general election, a critical period in the nation's political calendar. Currently, President Bio is also initiating his own constitutional review process, with only 25% of his current term remaining. This late-term initiation mirrors historical patterns and further contributes to the narrative of constitutional reviews being intrinsically linked to political cycles and electoral considerations. The timing of these reviews, often in the twilight of an administration's tenure or just before a major election, consistently raises questions about their ultimate purpose and impact on the democratic process.
Political Motivations Behind Reviews
Censuses in Sierra Leone are utilized by the two main political parties for land reforms presented as delimitation. This practice often sparks controversy, as changes to constituency boundaries can significantly alter the electoral landscape and political power dynamics. Judicial review, particularly concerning Proportional Representation, is currently taking centre stage in current discussions. The debate surrounding Proportional Representation is a central point of contention, with significant implications for how votes are translated into legislative seats. Opposition to Proportional Representation primarily stems from the Opposition Party, which views it as potentially disadvantaging their electoral prospects or altering the balance of power. The ongoing discourse notes the deep political divisions that can emerge when fundamental electoral mechanisms are under scrutiny and potential revision.
Ali Kabba of the Sierra Leone People's Party (SLPP) recently showed the importance of constitutional principles, reminding his party and the government that "Bail is a Constitutional Safeguard." This statement came after the arrest and denial of bail for All People's Congress (APC) Secretary General Lansana Dumbuya in February of this year. Kabba's intervention served as a key reminder of the fundamental rights enshrined in the constitution, even amidst heightened political tensions. Kabba himself has a history of political activism; as a Student Leader of Fourah Bay College during the late Siaka Stevens' One Party government, he formed a vanguard with other figures against the APC. His past experiences as an advocate for constitutional adherence and democratic principles lend significant weight to his recent pronouncements regarding due process and constitutional safeguards. His consistent stance on the importance of the rule of law reinforces the idea that constitutional provisions should be respected by all political actors, regardless of their affiliation.
The Cost of Constant Revision
Amendments to Sierra Leone's constitution have been occurring frequently with each change of government or election cycle, according to observations. This pattern of revision has become a recurring feature in the nation's political landscape, leading to concerns about the stability and predictability of the legal framework. The foundational legal document, which is meant to uphold principles of liberty, justice, and democracy, is instead characterized by continuous alterations. Critics describe these frequent constitutional reviews as "constitutional gymnastics" that accompany every political cycle in Sierra Leone, suggesting a performance rather than a genuine effort towards long-term legal improvement. The consistent flow of amendments suggests a dynamic where the constitution is regularly re-evaluated or modified by successive administrations or during electoral periods. This ongoing process of revision raises questions about the stability and enduring nature of the country's supreme law, potentially undermining public trust in its permanence and impartiality. The financial and human resources dedicated to these repeated reviews also represent a significant expenditure that some argue could be better directed towards other pressing national needs.