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The Constitution of Sierra Leone is the supreme law governing Sierra Leone and delineates its frame of government. It entered into force on October 1, 1991 following a popular referendum and approval by President Joseph Momoh. It superseded the 1978 Constitution.

The new constitution allowed for multi-party elections which were scheduled for October 1992 and ended one-party rule for the All People's Congress (APC). The constitution was suspended after a military coup in April 1992. In 1996, the Constitution was reinstated and popular elections were held. An interregnum occurred between May 1997 and March 1998 when a coup d'etat deposed the government.

The Constitution is divided into fourteen chapters. Sierra Leone is a constitutional republic with a directly elected president that serves as Head of State, Head of Government, and Commander-in-Chief of the armed forces. The president is elected for a term of five years for a maximum of two terms. Ministers of State and members of Sierra Leone's judiciary are appointed by the president and confirmed by the parliament through majority vote. Sierra Leone has a unicameral legislature and the constitution provides for an independent judiciary vested with the power of judicial review. The constitution offers specific protections of fundamental human rights, individual liberty and justice and places restrictions on the powers of government over the people. It can be amended through a bill of parliament that is subject to the approval of a referendum. The Constitution was last amended in 2016.

Background

Constitutional Tutelage

Sierra Leone's constitutional development originated from a British understanding of government. Originally a settlement for freed slaves, control of Sierra Leone was granted by charter to the Sierra Leone Company. Thus, the first form of government for Sierra Leone was company rule.

Sierra Leone was proclaimed a Crown Colony in 1808. The Governor was appointed by the Crown, and he was empowered to appoint members to the Advisory Council which consisted of the colonial secretary, the chief justice, and one "unofficial" member chosen by the Governor from among the inhabitants of the colony. In 1863 the Advisory Council was reconstituted as a Legislative Council and an Executive Council was also created. The Executive Council was composed of members appointed by the Governor, and the Legislative Council only consisted of a small minority of high status Sierra Leoneans nominated by the government. The goal of this institutional change was to provide for more efficient management of the colony and was not an attempt to prepare Sierra Leone for self-government.

In 1893 the colonial authorities allowed for the election of a municipal council in Freetown.

In 1895 the Crown acquired jurisdiction over adjoining territories to the Colony and proclaimed them to be a British Protectorate. While the Colony and the Protectorate remained legally heterogenous until 1924, the Crown was able to legislate in a concurrent fashion over the two proximate territories. The 1924 constitution extended the jurisdiction of the Legislative Council and Executive Council to include the protectorate. In effect, this motivated the legal understanding for a united Sierra Leone. The Legislative Council also allowed unofficial members to be elected to it.

In 1951 a new constitution was declared for Sierra Leone by the governor, George Beresford-Stooke. A major step toward self-governance, an "unofficial" majority in the Legislative Council was introduced along with a corresponding decrease in the number of seats allocated for high-status members. Two years later, the Legislative Council was enlarged to 30 members of which 14 members were elected to represent the Protectorate. The Executive Council was also reorganized to require the Governor to appoint at least 4 members to the council from among the elected members of the Legislative Council. Some of these members of the Executive Council, including Milton Margai, were accorded ministerial oversight over various sectors of government.

More constitutional changes came in 1956 which widened the franchise for legislative elections. Women who met certain literacy and economic qualifications were allowed to vote and secret ballots were introduced. Elections were scheduled for early 1957 and the Legislative Council was to be replaced by a House of Representatives with 58 seats. The Executive Council was reformed in 1958 to include the appointment of a Premier who had support from a majority in the House of Representatives. On advice from the Premier, the Governor was required to appoint and allocate responsibilities to the Ministers. Milton Margai was appointed to that role.

Constitution of 1961

In London between April and May 1960, Milton Margai led a delegation from Sierra Leone to arrange independence from Britain and discuss how this new government would be structured. An agreement was reached that Sierra Leone would gain its independence on April 27, 1961 and join the Commonwealth of Nations. Fundamental human rights provisions were entrenched in the constitution and Sierra Leone inherited a Westminister model of parliamentary democracy. As a Commonwealth state Queen Elizabeth II would remain Sierra Leone's Head of State and the Prime Minister would be the effective Head of Government.

Constitution of 1971 and 1978 amendment

Following the series of military coups between 1967 and 1968, Siaka Stevens was reinstated as Prime Minister of Sierra Leone, a position he was originally elected for in 1967 . In the wake of this period of political instability and economic problems, Stevens set up a Constitutional Review Commission in June 1969. At the time, Sierra Leone was along among Commonwealth African States in that it remained a Dominion with the Queen as a formal Head of State. During this period of review, whether Sierra Leone would adopt an executive or ceremonial presidency was under question and opposition groups were concerned that Stevens was aiming for an executive presidency which would make him unaccountable to the Cabinet.

A group of soldiers attempted to assassinate Stevens in March 23, 1971. Facing potential coup attempts, Stevens arranged for Guinean troops to protect the government. In April, a republican Constitution was introduced without need for a general election by implementing Albert Margai's earlier draft. The constitution was then promptly amended to create an executive presidency, which Stevens assumed.

In 1977 student demonstrations took place across the country and an election was called. During the election, Stevens utilized his "Internal Security Unit" to intimated and persecute opponents of his APC party. On occasion these confrontations devolved into violence. Expectedly, Stevens' party won 65 of the 80 seats in parliament. A constitutional amendment was introduced and passed by referendum in 1978 to turn Sierra Leone into a one-party state. Stevens would remain the President of Sierra Leone until handing over power to Joseph Momoh on November 28, 1985 in a staged election.

History

In 1990 the United Nations Development Program released its first Human Development Report and ranked Sierra Leone the fourth lowest in terms of its Human Development Index. A year later, Sierra Leone would occupy the absolute lowest position. Externally, the post-Cold War landscape was having an effect on politics. The government was facing pressures to democratize as the United States and the IMF insisted that financial assistance be tethered to evidence of democratization. Sierra Leone was in an extreme period of economic decline, social disintegration , and political corruption. In the face of these problems, at the 1990 conference of the Sierra Leone Bar Association members voted unanimously for a return to multi-party democracy, citing one-party rule as a source of national disunity, mistrust, poverty, and corruption. Student groups increasingly appealed for a return to multi-party elections.

In September 1990, President Momoh convened a Constitutional Review Commission which ultimately recommend for the drafting of a new constitution that would restore multiparty politics. Accepting the commission's report which included a draft constitution, President Momoh took steps to get the new constitution through Parliament. During the proceedings, a bicameral legislature was proposed, but rejected by the government. Voters approved the new constitution in a referendum in August 1991.

Aside from ending one-party rule, the constitution also made other alterations from the 1978 constitution. The new constitution makes serious commitments to the principles of freedom, democracy, and justice, makes specific political, economic, educational, social and foreign policies non-justiciable, contains provisions that allow political organizations structured around ethnic, tribal or religious affiliations, and separates the branches of government in the same vein as the U.S. Constitution. For instance, the new constitution allows for cabinet appointments to be made from outside Parliament. Another novel feature is the creation of an office of Ombudsman which helps to protect individuals against administrative wrongs and abuses of governmental power.

The constitution, however, was relatively short-lived. The Sierra Leone Civil War had begun and Mohmoh's government found itself vulnerable to internal challenges. In April 1992, a cadre of junior military officers, calling themselves the National Provisional Ruling Council, overthrew Momoh's government and suspended the constitution by declaration. In 1996 power was transferred back to civilian rule, the constitution was reinstated, and Ahmad Kabbah was elected as president in March 1996. In March 1997, another military coup occurred and Kabbah was ousted from power. Less than a year later, Nigerian-led ECOMOG forces drove the junta out of Freetown, reinstating the constitution and Kabbah as president. Since then, the Constitution has been in full effect.

Structure

Chapter I: The Republic of Sierra Leone

Proclaims Sierra Leone as a sovereign republic with discrete boundaries (see First Schedule), creates a national flag, and vests Parliament to prescribe the creation of a public seal and national anthem.

Chapter II: Fundamental Principles of State Policy

The Constitution sets out these not justiciable principles of state policy, meaning that these principles do not confer legal rights and are not enforceable in a court of law, but nonetheless guide how laws are made.

Government is obligated to follow the principles of state policy outlined in this chapter. Sovereignty belongs to the people of Sierra Leone and the government is responsible to uphold their security, peace, and welfare.

Politically, the state shall promote national unity, provide public goods and services that benefit the people, secure the peoples' residential rights, enforce the rule of law, and take steps to eradicate corruption and abuses of power.

Economically, the state shall promote national prosperity, control the economy in a way that maximizes welfare, freedom, and equality of opportunity, ensure the self-sufficiency of food production, and allow for Sierra Leoneans to participate in all spheres of the economy.

Socially, the state shall guarantee equality before the law, preserve human dignity and promote justice. Policy shall be directed in a manner to secure the livelihood of the people, promote just and humane work conditions, furnish medical and health facilities for all persons, ensure equal pay for equal work without discrimination, and safeguard the welfare of the elderly, young, and disabled.

Educationally, the state shall direct its policy to ensure adequate educational opportunities for all citizens, strive to eradicate illiteracy, and promote the learning of indigenous languages, science, technology, business, and foreign languages.

The foreign policy objectives of the state will promote the national interest, inter-African cooperation, international cooperation, and respect for international law and treaty obligations.

The mass media is obligated to uphold the fundamental values of the constitution and strive to keep the government accountable to the people.

Every citizen is obliged to abide by and respect the constitution, emphasize a national identity, preserve public property, respect the dignity of other citizens, contribute to their community, and participate and defend all democratic processes.

Chapter III: The Recognition and Protection of Fundamental Human Rights and Freedoms of the Individual

Every person in Sierra Leone is entitled to fundamental human rights and individual liberties including, but not limited to:

• Equality regardless of gender, skin color, creed or belief, tribal or clan affiliation, political affiliation, origin, race.
• Right to life
• Right to own property
• Right to privacy
• Freedom of assembly, association, expression, opinion, thought, and conscience
• Freedom of religion
• Freedom of the press, given that no person other than the government shall own, establish, or operate a television or wireless broadcasting station
• Right to form political parties, and join trade unions and international organizations
• Protection from expropriation
• Protection from unjustified restraint
• Right to counsel
• Right to a fair, public trial in a language the accused understands with deliberate speed
• Right to examine evidence and witnesses in court
• Protection from false imprisonment
• Freedom of movement
• Protection from slavery and forced labor
• Protection from torture and cruel treatment
• Protection from ex post facto laws
• Protection from double jeopardy
• Protection from guilt or punishment without due process
• Protection from discrimination except in legal provisions for taxation, citizenship, and emergency
  • Emergencies can only be declared in times of war, imminent danger of invasion or breakdown of public order. In such cases, the President may make take necessary measures to secure and maintain peace, order, and good governance of Sierra Leone, call emergency sessions of parliament

Accordingly, the government is not allowed to make laws that are inconsistent with these rights and liberties.

Chapter IV: The Representation of the People

Every citizen older than eighteen years, with sound mind shall have the right to vote.

All public elections or referenda voting shall be by secret ballot.

Sierra Leone is divided into single member constituencies for the purposes of parliamentary elections. The Electoral Commission reviews the division of the constituencies between every 5-7 years and makes sure that each constituency has roughly equal populations through reviewing a census. Alterations of boundaries of any constituency must be approved by parliament. Elections by district block representation can occur when constituencies have not been established, but a date for a general election of Members of Parliament has been set.

Vacancies in Parliament must be filled by election no later than six months after the vacancy occurs.

Electoral Commission

An electoral commission, headed by a Chief Electoral Commissioner with four other members appointed by the President subject to approval of Parliament, is responsible for the conduct and supervision of the registration of voters, public elections, and referenda.

Members of the electoral commission must hold the same qualifications to be a Member of Parliament. They must not be a Member of Parliament, a Minister, a Deputy Minister or public officer, hold their appointment longer than five years, or is older than sixty-five years.

Political Party Registration

A Political Party Registration Commission exists, consisting of four members nominated by the president and approved by the parliament (A chairman with the qualifications to hold judicial office, the Chief Electoral Commissioner, a legal practitioner nominated by the Sierra Leone Bar Association, and a member nominated the the Sierra Leone Labour Congress). The commission is responsible for the registration of all political parties. Political parties must not be restricted to members of a particular tribe, ethnic group, or religious faith, must have a national interest and must not have exclusive messaging.

Chapter V: The Executive

Part I: The President

The president is the Head of State, Head of Government, and Commander-in-Chief of the armed forces. As such, the president is responsible for conducting relations with foreign states, the execution, agreement, and convention of treaties, has the power to pardon, grant awards and honors and declare war (with parliamentary approval).

The president must be a citizen, member of a political party, at least forty years of age, and hold the qualifications to be a Member of Parliament.

Presidential candidates are nominated by a political party; political parties can only nominate one candidate for president; if a nominated candidate dies or becomes incapacitated while running for the presidency, the party shall nominate another candidate within seven days.

Voters who are registered to vote in parliamentary elections are entitled to vote for the president. If a candidate cannot receive more than 55% of the vote, the two candidates with the highest number of votes shall have a runoff election within fourteen days with the winner being the one who garners the majority of the votes. Parliament makes laws for the purpose of regulating the election of the president. The president-elect shall assume office once his predecessor's term expires.

No person shall hold office as president for more than two terms of fiver years. If a Member of Parliament is elected to the presidency, the cease being a Member of Parliament and their seat is declared vacant. Likewise, the President shall not hold any other public office while being president. Upon assuming office the President shall take the oath set out in Schedule Two administered by the Chief Justice of Sierra Leone.

The President receives a salary and allowance prescribed by Parliament, is exempted from personal taxation, is immune from civil and criminal proceedings, and is entitled to a pension and retiring benefits prescribed by Parliament.

The office of the President becomes vacant upon expiration of terms, death or resignation of the incumbent, or becomes mentally or physically incapable of discharging office, or is removed by Parliament for misconduct. If the President dies, resigns, or is removed from office, the Vice-President shall assume the office for the remainder of the unexpired term of the President. The Vice-President may also temporarily perform the functions of President in cases of short-term illness of absence by the President.

Removal

If the Cabinet believes the President to be mentally or physically incapable, the Speaker is informed and that person appoints a board consisting of no less than five medical practitioners in advice with the Head of the Medical Service of Sierra Leone to investigate the matter. If the board reports that the president is mentally or physically unfit to serve, the Speaker will certify the findings and the President shall cease to hold office and vacancy will occur.

If the Speaker is given a written notice signed by not less than one-half of all Members of Parliament alleging that the President has violated the Constitution or performed a gross misconduct, the Speaker shall arrange for the motion to be considered in a secret session by Parliament specifying the allegation. If it is supported by more than two-thirds of Parliament, the Chief Justice shall preside over a tribunal to investigate the misconduct. If the tribunal reports that the allegation specified in the motion is sustained, Parliament may vote in a secret session to resolve the guilt of the President. If not less than two-thirds of Parliament find him guilty, the President shall cease to hold office.

Part II: Executive Powers

Executive power is vested in the President and may be exercised through him by public officer subordinates (e.g., Cabinet members, Ministers).

The Vice-President is the principal assistant to the President. They must meet the same qualifications for office as the President. They are designated as a Vice-Presidential election prior to a Presidential election by a Presidential candidate. Prior to assuming office, the Vice-President takes the oath set out in the Third Schedule. Vacancies in the office of the Vice-President (e.g., through death, resignation, removal, or retiring) are filled by the President who appoints a person qualified to be a Member of Parliament to fill that roll. Parliamentary removal procedures for the President also apply to the Vice-President.

If the president and Vice-President are unable to discharge the functions of their office, the Speaker of Parliament performs those functions until the President or Vice-President are able to do so. The Speaker will take the oath in Schedule Two before assuming those duties.

Ministers and Cabinet

Offices of Ministers and Deputy Ministers may be established by the President. No Member of Parliament may be appointed to such a role. Ministers and Deputy Ministers must have the same qualifications as Members of Parliament and cannot participate and lose as a candidate in a general election immediately proceeding their nomination. Nominations to such offices must be approved by Parliament. Ministers and Deputy Ministers cannot hold any other office or salaried position other than the one they are appointed to serve in during their time in office. All allowances, pension, and gratuities may be prescribed by Parliament. Ministers and Deputy Ministers serve at the discretion of the President. Ministers and Deputy Ministers must take the oath in the Third Schedule upon assuming office. Vacancies to such offices occur when the term of the nominating president is expired and someone else assumes the office of the President; the appointment is revoked by the President; in the case of death, resignation, or retiring; or if the Minister is elected as Speaker or Deputy Speaker of Parliament.

The Cabinet advises the President and determines the general policy of the government. It is composed of the President, Vice-President, and Ministers which the President appoints at his discretion. The President (or Vice-President in his absence) presides over meetings.

An office of Attorney-General and Minister of Justice is established who are the principal legal advisors to the Government and Cabinet members. Nominations by the President must be qualified to hold office as a Justice of the Supreme Court. The Attorney-General and Minister Justice, or officers authorized by them, prosecute offenses in the name of Sierra Leone.

The Solicitor-General is appointed by the President, holds the qualifications to be a Justice of the Court of appeal, and is the principal assistant to the Attorney-General and Minister of Justice. Solicitor-Generals serve at the discretion of the General or Minister of Justice and must vacate office upon reaching the age of sixty-five.

The Director of Public Prosecutions is appointed by the President (subject to approval of Parliament), takes the oath in the Third Schedule, and has power to undertake criminal proceedings against any person who commits an offense against the laws of Sierra Leone. They are subject to the discretion of the Attorney General and Minister of Justice.

The Secretary of the President is appointed by the President at his sole discretion, advises the President on Public Service matters, and takes the oath in the Third Schedule. The Secretary to the Cabinet is the Head of the Civil Service. The Secretary to the Vice-President is a public office appointed by the President.

The President may appoint the Chief Justice, any justice of the Supreme Court, Court of Appeal, or Judge of the High Court, the Auditor General, the Chairman or any other member of a commission, body, or corporation established by the Constitution or by Act of Parliament.

Chapter VI: The Legislature

Part I: Composition of Parliament

The Parliament is the national legislature of Sierra Leone and consists of the President, the Speaker, and Members of Parliament. Parliament may makes laws for peace, security, order, and good government of the country.

Members of Parliament are elected from one District each. There must be at least 60 members. Parliament prescribes the salaries, allowances, gratuities, and benefits for its Members.

Members of Parliament must be citizens, are at least twenty-one years of age, and are able to speak and read English sufficient to a level that allows them to take an active part in Parliament proceedings. Any person who becomes a citizen of Sierra Leone by registration shall not be qualified to be a Member unless that have continuously resided in the country for more than 25 years. Naturalized citizens or citizens of other countries, public officers, members of the Armed Forces, people of unsound mind and those convicted of offense which involve fraud or dishonesty are not allowed to become Members.

Members of Parliament vacate their seats when Parliament is dissolved, if they are elected to become Speaker, becomes a citizen of another country, are declared insane or sentenced to death, are bankrupt, ceases to be a member of the political party of which they were a member of at the time of their election, joins a party as an independent candidate, or resigns.

The Speaker

The Speaker presides over Parliament and is elected by the Members of Parliament from among persons who have served as a Member of Parliament for at least five years and have been qualified to serve for at least ten years. The Speaker must garner votes from at least two-thirds of the Members; or if after three attempts to elect them, a simple majority. Members of the Armed forces and Ministers cannot be the Speaker. Vacancies arise when the Speaker becomes a Minister, becomes disqualified, when Parliament first meets after any dissolution, or is removed by the votes of more than two-thirds of the Members of Parliament.

The Deputy Speaker presides over the chamber in the absence of the Speaker and is elected to the roll in a similar fashion.

A Clerk of Parliament, appointed by the President, is responsible for the administration of Parliament.

All members take the oath set out in the Third Schedule upon assuming office.

Part II: Summoning, Prorogation and Dissolution

There must be a session of Parliament at least once every year and a session of Parliament must occur no more than 28 days after the holding of a general election. At the beginning of each session of Parliament, the President will address the Parliament on the state of the nation.

Parliament will dissolve after a period of five years from the date of its first sitting after a general election. Parliament can be restored in the case of a public emergency. The President can summon a meeting of Parliament at any time; a meeting of Parliament can be summoned if 20% of members call for such a meeting. Parliament must sit for more than 128 days in a year.

A general election must be held between 30 and 90 days after a dissolution of Parliament (except in the case of public emergencies, where the President can recall Parliament).

Part III: Procedure of Parliament

If less than one-fourth of Parliament is in attendance, a Member of Parliament can call for it to be adjourned.

All Parliamentary business is conducted in English.

Any question proposed for decision in Parliament is determined by a majority vote of attending members. The person presiding over Parliament may cast a tie-breaking vote if necessary, but cannot vote in any other case.

Standing Committees

At the beginning of a session of Parliament members of Parliament can be appointed to the following committees:

• Legislative Committee
• Finance Committee
• Committee on Appointments and Public Service
• Foreign Affairs and International Co-operation Committee
• Public Accounts Committee
• Committee of Privileges
• Standing Orders Committee
• Other committees that an act of Parliament may provide for

Any act that impedes the performance of Parliament or impedes any member or affronts the dignity of the body shall be considered contempt of Parliament.

Part IV: Responsibilities, Privileges and Immunities

Members of Parliament are required to maintain the dignity and image of Parliament both in and outside formal sittings, and are required to desist from any conduct which improperly enriches themselves or alienates themselves from the people.

Freedom of speech in Parliament cannot be impeached; anything said by a Member of Parliament cannot be a reason to institute civil or criminal proceedings against them. The presiding officer can refer defamatory comments made by a Member or Speaker to the Committee of Privileges to handle such a matter, causing the Committee to motivate an apology from the person, refusal to apologize can result in suspension and loss of privileges and immunities.

Immunity of Legislators

Members of Parliament, the Speaker, and the Clerk hold the following immunities:

• Criminal and civil proceedings cannot be served to them while they are on the way to attend a proceeding in parliament
• While attending Parliament, these individuals cannot be compelled to serve as a witness in a court or serve on a jury
• The text of any report, papers, minutes, votes, or proceedings cannot be used to impose criminal or civil liability

Part V: Legislation and Procedure in Parliament

Parliament is the supreme legislative authority for Sierra Leone. Laws are created by Bills that Parliament passes and signed by the President. A law comes into operation upon its publication in the Gazette, which occurs after the President signs the law. All laws made by Parliament are called "Acts." If Parliament passes a bill, but the President refuses to sign it, the Bill is returned to Parliament. If at least two-thirds of the Members of Parliament vote to pass the Bill again, it becomes law and is published in the Gazette.

Ministers may introduce bills. Ministers may be summoned before Parliament.

Amending the Constitution

A Bill for an Act of Parliament is published in at least two issues of the Gazette before being read. After the second and third reading of the Bill, no less than two-thirds of the Members of Parliament must vote for its passage before going to the President to sign. Bills for an Act of Parliament that alter this section, Chapter III, and Sections 46, 56, 72, 73, 74(2), 74(3), 84(2), 85, 87, 105, 110–119, 120, 121, 122, 123, 124, 128, 129, 131, 132, 133, 135, 136, 137, 140, 151, 156 and 167 cannot become law unless they have been approved at a referendum.

Those entitled to vote in the election of Members of Parliament are entitled to vote a referendum.The Bill shall not be regarded as having been approved at the referendum unless it was so approved by the votes of not less than one-half of all such persons and by not less than two-thirds of all the votes validly cast at the referendum. The Electoral Commission supervises all such referendums.

Such bills must be certified by the Speaker of Parliament before being submitted to the President for his signature. Acts of Parliament that intend to amend the Constitution must do so in express terms to be valid. Any suspension, alteration, or repeal of the Constitution other than on the authority of Parliament is an act of Treason

Part VI: Finance

Taxation can only be imposed by an Act of Parliament. Parliament can empower local governments to impose taxation within an area.

A Consolidated Fund is established to store revenues or other moneys raised or received on behalf of or for the purpose of the government. Acts of Parliament can also establish funds for specific purposes other than the consolidated fund. Moneys can only be withdrawn from the Consolidated Fund except by an Act of Parliament or where the issue of money has been authorized (e.g., an Appropriation Act).

The Minister responsible for finance may be required to lay before Parliament estimates of revenue and expenditure for Sierra Leone for a fiscal year and for Appropriation Bills. Additionally, the Minister responsible for finance can, with the approval of Parliament, withdraw funds from the Consolidated Fun to meet necessary expenditures in the case that an Appropriation Bill does not come into operation at the beginning of a fiscal year.

Parliament is in charge of salaries, pensions, gratuities and allowances for public office holders, and will be charged from the Consolidated Fund.

Contingency Funds may be established if a need arises.

The public debt of Sierra Leone is secured on the revenues and assets of the country. Parliament can also authorize the government to enter into an agreement that will grant a loan out or into a public fund or account.

The Auditor-General's office is established, who is appointed by the President and confirmed by the Parliament. The public accounts and of all public offices established by an Act of Parliament shall be audited and reported on by the Auditor-General. This report is submitted to Parliament within twelve months of the end of the immediately proceeding financial year. In exercise of their duties, the Auditor-General is not subject to the discretion or control of any other person or authority.

Chapter VII: The Judiciary

See Judiciary of Sierra Leone

Part I: The Superior Court of Judicature

Judicial power is vested in the Judiciary, which has jurisdiction over all matter civil, criminal, and constitutional (including Acts of Parliament). The Chief Justice is the Head of the Judiciary. The judiciary is independent from the other branches of government. The Judicature consists of the Supreme Court, the Court of Appeal, and the High Court of Justice.

Part II: The Supreme Court

Consists of the Chief Justice and no less than four other Justices. The Supreme Court is the final court of Appeal and has appellate jurisdiction over other jurisdictions. The Supreme Court may treat its own previous decisions as binding, but also depart from previous decisions when deemed just. All other Courts are bound to follow the Supreme Court's decisions. The Supreme Court has original jurisdiction over all matters relating to the enforcement or interpretation of any provision of the Constitution, granting it the power of judicial review. It also has supervisory jurisdiction over all other courts in Sierra Leone and has the power to issue directions and writs of habeas corpus, orders of certiorari, mandamus and prohibition.

Part III: Court of Appeal

Consists of the Chief Justice, no less than seven other justices. The Court of Appeal is bound by its own previous decisions, and Courts inferior to it are bound to its decisions. Parliament is empowered to create Divisions of the Court of Appeal. The Court of Appeal can hear appeals from an judgement, decree or order of the High Court of Justice.

Part IV: The High Court of Justice

Consists of the Chief Justice and no less than nine High Court Justices. The High Court of Justice is constituted by one judge or one judge and a jury. The Chief Justice determines Divisions. The High Court of Justice has jurisdiction in civil and criminal matters or as established by an Act of Parliament. The High Courts have supervisory jurisdiction over all inferior and traditional courts.

Part V: Appointment of Judges, etc

Acting on advice of the Judicial and Legal Service Commission, the President appoints a Chief Justice and other judges of the Superior Court of Judicature, subject to approval by Parliament. Nominees to the Superior Court of Judicature must be entitled to practice as Counsel in a Court. Supreme Court nominees must have these entitlements for at least twenty years. Court of Appeal nominees must have these entitlements for at least fifteen years. Nominees to the High Court must have these entitlements for at least ten years.

When the office of Chief Justice is vacant the most senior justice of the Supreme Court will fill that role until a person has been appointed to it or the Chief Justice returns. Other vacancies in the Superior Court of Judicature can be filled by the President.

A Judges of the Superior Court of Judicature hold office during good behavior. They may retire at any time after attaining the age of sixty years and must vacate the office upon attaining sixty-five years of age.

The President, with the advice of the Judicial and Legal Service Commission, may institute a tribunal to investigate a Judge of the Superior Court of Judicature and if that tribunal finds that Judge (including the Chief Justice), that Judge can be removed with a two-thirds majority vote of Parliament.

Salaries, allowances, gratuities, and pensions of Judges of the Superior Court of Judicature are charged upon the Consolidated Fund. A Judge of the Superior Court of Judicature cannot hold any other office private or public.

The Judicial and Legal Service Commission is established to advise the Chief Justice in his administration of the Judiciary. It is composed of the Chief Justice (Chairman), the most senior Justice of the Court of Appeal, the Solictior-General, a practicing Counsel of at least ten years who is nominated by the Sierra Leone Bar Association and appointed by the President, the Chairman of the Public Service Commission and two other persons who are not legal practitioners appointed by the president and subject to parliamentary approval. Members will vacate the office after three years. The Judicial and Legal Service Commission is also vested to make appointments, transfer people, and dismiss persons in offices of the judiciary.

Fees, fines, or moneys taken by the Courts form part of the Consolidated Fund.

The rules and procedures of Courts in Sierra Leone is governed by the Rules of Court Committee. The Committee is composed of the Chief Justice (Chairman), the Director of Public Prosecutions, a Justice of the Supreme Court, a Justice of Appeal, a Justice of the High Court, the First Parliamentary Counsel, a nominee of the Attorney-General and Minister of Justice, and two practicing Counsels with ten years standing in the Sierra Leone Bar Association.

Chapter VIII: The Ombudsman

The office of Ombudsman is established by Parliament. The Ombudsman is empowered to investigate any department or Ministry of Government, any institution created out of public funds, and any member of the Public Service.

Chapter IX: Commissions of Inquiry

The President can appoint a Commission of Inquiry into any matter of public interest specified by the Cabinet or Parliament. Commissions of Inquiry have the same powers, rights and privileges as the High Court of Justice (e.g., examining and enforcing the attendance of witnesses and subpoenaing document). Proceedings of Commissions are held in public. Commissions of Inquiry make reports and submit them to the President who will publish the report. The Rules of Court Committee makes the rules and procedures of all Commissions of Inquiry.

Chapter X: The Public Service

Part I: The Public Service Commission

A Public Service Commission is established. Members are appointed by the President and serve at his discretion, subject to approval by Parliament. Public office holders cannot be members. Office become vacant upon death, resignation or at the expiration of the five year term. Members take the oath in Schedule Three. The Commission holds the power to appoint persons to hold or act in offices in the public service. This body allows the President to delegate some of his appointment responsibilities.

The President is vested with power to to appoint, transfer, and remove persons serving as representatives of Sierra Leone abroad, Armed Forces Commanders, and the Inspector-General of Police. Acting with consultation with the Public Service Commission, the President has the power to appoint Permanent Secretaries to certain offices (e.g., Cabinet, Financial Ministry).

Part II: The Police Force

A Police Force of Sierra Leone is established. The Head of the force is the Inspector-General of Police, who is appointed by the President, subject to approval by Parliament. A police force cannot be raised by a person except by or under the authority of an Act of Parliament. Members of the Police Force cannot hold public office or be qualified for election as a Member of Parliament whist remaining a member of the Police Force.

The Police Council is established and consists of the Chief Secretary of State, the Secretary of State (Department of Internal Affairs), the Inspector-General of Police, the Chairman of the Public Service Commission, a member of the Sierra Leone Bar Association, and two other members. Every member must take the oath set out in the Third Schedule before assuming office. The power to appoint persons to hold or act in any office in the Police Force below the rank of Assistant Superintendent of Police is vested in the Council. The Police Council advises the President on all matters of policy relating to internal security and, with approval of the President, makes regulations to administer the Police Force.

Part III: Resignations, Re-Appointments and Protection of Pension Rights of Public Officers Holding Established Offices

Resignations from Public Office must be given in writing to the person who appointed them provided that the Speaker is made aware. People who resign can, if qualified, be reappointed. Pensions are granted to those entitled to them which will be drawn from the Consolidated Fund.

Part IV: Power and Procedure of Commissions and Councils, and Legal Proceedings

A quorum is constituted if three members are present for any Commission or Council established by the Constitution. Courts cannot inquire into the functions of Commissions or Committees if those functions have been performed in accordance with the Constitution.

Chapter XI: The Armed Forces

The Armed Forces of Sierra Leone consists of the Army, Navy, and Air Force. Parliament can create new branches. Members of the Armed Forces cannot hold office as President, Vice-President, Minister, or as a Member of Parliament.

Only under an Act of Parliament can a person raise an armed force.

The Defense Council consists of a Chairman, Chief Secretary of State, Under Secretary of State for Defense, the Chief of Defense Staff, Commanders and their deputies from the branches of the Armed Forces, the Secretary of State (internal affairs), and two other appointed by the Chairman. The President appoints the Chief of Defense Staff. The Council advises the President on all matters relating to defense and strategy. The Defense Council, with approval of the President, make regulations for the performance and administration of the Armed Forces.

Chapter XII: The Laws of Sierra Leone

The laws of Sierra Leone are comprised of the Constitution; laws made by or under the authority of Parliament; orders, rules, and statutes created by a person with the authority to do so by the Constitution or any other law; the common law; and the law that existed prior to the Constitution's ratification. The common law includes the doctrine of equity, and customary law (laws, by custom, that are applicable to particular communities). Orders, rules or regulations with the Constitutional authority to be created are required to be laid before Parliament and published in the Gazette.

Chapter XIII: Miscellaneous

Provides definitions and clarifications (e.g., any word importing a male person includes female persons).

The provisions of any Consequential Act under the Constitution and any Act relating to citizenship cannot be amended, repealed, reenacted, or replaced without the consent of at least two-thirds of Parliament.

Chapter XIV: Transitional Provisions

Notwithstanding the repeal of the Constitution of Sierra Leone Act, 1978, any law existing prior to the ratification of this Constitution will have full effect. Where any office has been established by the 1978 Constitution and the new Constitution establishes a similar office (e.g., President, Minister, Attorney-General, Member of Parliament ), they will be deemed to hold that office upon ratification.

First, Second, Third, and Fourth Schedules

First Schedule

Delineates the borders of Sierra Leone.

Second Schedule

President's Oath:

"I do hereby (in the name of God swear) (solemnly affirm) that I will at all times well and truly discharge the duties of the office of the President of the Republic of Sierra Leone according to law, that I will preserve, support, uphold, maintain and defend the Constitution of the Republic of Sierra Leone as by law established, and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. (So help me God.)"

Third Schedule

An oath of the Vice-President, Ministers and Deputy Ministers, Attorney-General and Minister of Justice, Secretary to the President, Secretary to the Cabinet, Solicitor-General, Director of Public Prosecutions, Members of the Electoral Commission, the Speaker, Members of Parliament, Auditor-General, Members of the Public Service Commission, The Chief Justice and Judges of the Superior Court of Judicature, Members of the Judicial and Legal Service Commission, Members of the Police Council, Members of the Defense Council Bears one oath. The Oath of the Speaker, Member of Parliament, and the Judicial branch also have oaths that are written in this section.

Fourth Schedule:

Declaration of Compliance from William Niak Stephen Conteh, Speaker of the Parliament of Sierra Leone, that the Constitution of Sierra Leone 1991 passed through the House (with certain amendments) and certifies that it was approved by a majority of voters in a referendum conducted in August 1991.