Is Mohamed Konneh Afraid Of Section 120 Of PEA 2022?

By Sylvanus Fornah Koroma

Today’s world is a world of diversity and pluralism, this is why international organisations and Development Partners frown at the one-party governance in Sierra Leone. And even though Mohamed Bangura and his colleague Thompson are purportedly representing the All People’s Congress (APC) in Parliament, they are not considered thus by many Development Partners, including Sierra Leoneans, because the Party they are purportedly representing in the District Block Representation System, has already suspended their membership. So, the current Parliament is generally perceived as a One-Party system.

The European Union was clear in its communication regarding the reason for suspending its Budgetary Support to the government of Sierra Leone. The Union’s principle is geared to support multi-partyism as opposed to one-partyism. Similarly, the government of the United States of America has put on hold its developmental assistance through the Millennium Challenge Corporation (MCC) to ensure that Justice and Democracy are resuscitated in Sierra Leone. Such actions are now seriously suffocating the Bio regime, forcing it on its knees, begging the APC to end its “non-participation in governance.” The APC is resolved to end the non-participation in governance, but made it abundantly clear in the preamble of the recently signed communique document: ‘Noting that the All People’s Congress has continued to ask for the release of the “summary of all statements of the results from the polling stations” (Section 92, Public Elections Act, 2022) for the 24th June 2023 multi-tier elections.’ The wider APC, in my Gallup poll, is of the firm conviction that the only way it can ever get the aforesaid elections results is through its political action of non-participation in governance.

Section 120 of the Public Elections Act 2022:

“A person, who being a member or officer of the Election Commission, charged with the counting of votes or the making of return at an election, wilfully falsifies the count of the votes or wilfully makes a false return, commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or imprisonment for a term of 5 years or both the fine and imprisonment.”

Could this be the fear of Mohamed Konneh, The Chief Electoral Commissioner for Sierra Leone, to publish the disaggregated results asked for by various parties and the international community?

Without the publication of the results by Electoral Commission of Sierra Leone (ECSL), the communique remains a challenge and the government in disaster! The political impasse will lack any justification no sooner ECSL publishes the results. Therefore, the author is joining the call for ECSL to publish the June 24 elections forthwith. Furthermore, the author is reliably informed that some Sierra Leoneans in the United States of America have an appointment to meet with the United Nations Secretary General, Antonio Guterres, on Tuesday October 24th, 2023, to express similar concerns that has to do with the publication of the same June 24 multi-tier elections results. And amongst other concerns for meeting Antonio Guterres may include the most recent Aljazeera interview of Julius Maada Bio, wherein he denied that there were no shots fired at the APC Headquarters immediately after the elections.

Many Sierra Leoneans did not understand the ‘Political Action’ stance of the All People’s Congress (APC) when it first announced on the 30th day of June 2023, through a press release, that the APC will not participate in any form of governance and that the APC would not go to court either. Many people then thought the Court, or the legal action was the only option. But that was untrue! The APC and its leadership in their wisdom and foresight knew that the expedient way to have justice in this situation is ironically not via the court, but by political action. The astute APC leadership believes that a political action will command both local and international attention that will eventually force or necessitate the system to meet international best practice, and as well be in conformity with the laws of the land to ensure the resuscitation of Justice and Democracy in Sierra Leone.

Today, the strategy of the APC has started yielding dividend. But only people with foresight are beginning to see the wisdom in the political action stance that the APC insisted on. Therefore, at this point in time, it is logical to bring on board the critiques of the political action stance of the APC and its leadership. Against this backdrop, the author of this article is compelled to ensure that the analysis depicts among other things, that there are other ways outside of the courts to achieve conformity of the electoral laws and its system. To this end the old saying that states, “There are many ways to skin a cat,” comes to play. This saying is a fact, and similarly, there are other ways to resolve disputes other than the courts. The dialogue of 16th – 18th October 2023, which ended with a communique, wasn’t an easy feat!

Not everyone will easily appreciate the phrase, “It wasn’t an easy feat” for the APC to succeed in doing that which it has done so far, through its engagement in the dialogue and its communique. This particular task or accomplishment was challenging or difficult to achieve. The dialogue and the signed communique are now a formal acknowledgement of the political action. And it is a recognized means of resolving the dispute/impasse/problem outside of a court. So, the critiques who wrongly believed that the APC has no other choice to challenge the Electoral Commission Sierra Leone (ECSL), must now change from such negativity. The dialogue and its communique have drawn the road map to solve the political impasse caused by ECSL’s deliberate refusal to publish the June 24th elections results. It must be noted that ANY KIND WAY IS A WAY!

The dialogue was the baby or creature of the government. And the government is now dubbed as the ‘Electoral Coup government of Bio.’ Because of APC’s political action of non-participation in governance by the elected APC representatives, the electoral coup government of Bio has faced a lot of challenges that has now brought it to its knees, pleading for the APC’s participation. The APC has stated its willingness to participate in the governance in the communique, but certainly there must be conditions precedent to that action. The APC’s paramount position in the whole dialogue is for the ECSL to publish the results, and any other thing is secondary. The position of the APC is simple, and it is not asking for too much, nor is its position requesting for an impossibility. ECSL must publish the results it announced on June 27th, 2023, so as to do away with the much suspicion now surrounding that announcement. Many people have challenged the announced results as fictitious and that ECSL is afraid to release the said results for fear of the penalty ascribed in the law. This inaction by the ECSL in refusing to publish the June 24th elections results has sparked nationwide criticism levied on ECSL, with suspicions that they are attempting to hide facts about the disputed results, or they (ECSL) do not even have the results, and or what was announced as results were fictitious. We must be reminded that the mantra of ECSL was that it was conducting a Free, Fair and Transparent elections. The test of its mantra is now at stake, and ECSL must be accountable by publishing the elections results or risk the continuation of the political impasse.

If ECSL is truly sure of its results, it should have published the results and save the country from this impasse. However, the recalcitrance of ECSL to publish the results has catapulted the suspicion that ECSL is in real fear of the penalties on section 120 of the Public Elections Act, 2022 (PEA, 2022), which provides for falsification of return of election and states: “A person who being a member or officer of the Election Commission, charged with the counting of votes or the making of return at an election, wilfully falsifies the count of the votes or wilfully makes a false return commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or imprisonment for a term of 5 years or both the fine and imprisonment.” It must be noted that the element of the crime of falsification can only be proven when ECSL publishes the results. It is the published that will be used in evidence against the ECSL to justify the elements of falsification should the need arise. In other words, the published results will be the evidence upon which falsification can be proven using the Results Reconciliation Forms (RRF) and any other means to adduce the evidence for falsification. Sierra Leoneans now know that section 120 of the PEA 2022 is causing ECSL and particularly Mohamed Konneh restlessness, knowing fully well that he will be specifically targeted in the next step to bring the political impasse to end.

Some critiques of the political action stance of the APC are still in denial that the APC should have gone to the court to seek redress. But the APC is experienced enough to learn from the recent precedence in the case of Sylvia Blyden and Others against The Chief Electoral Commissioner and Others (SC/CIV.6 AND 7/2018), where, in conclusion of the judgment, it was held in the penultimate paragraph: “In conclusion the Petitioners have failed, refused or neglected to produce any evidence to rebut the fact that Brigadier Rtd Julius Maada Bio, now President, was validly elected as President of the Republic of Sierra Leone. All things considered, the Petition of Dr Sylvia Olayinka Blyden as SC6/2018 and that of Dr Samura Mathew Wilson Kamara, Minkailu Mansaray and Ambassador Dr Foday Yansaneh as SC7/2018 now consolidated as SC cases 6 and 7 of 2018 are all herein struck out.” The evidence for the petition has to do with the results publish, and no other person has that mandate to announce and publish the results until ECSL does. Technically, the elections are not yet over until the process of publishing the results is done as provided in sections 91, 92 and 93 of the PEA 2022. Without the publication of the results as per section 93 of the PEA 2022, section 54 of the same becomes redundant. I must state that the drafters of the statute did not provide for any of the sections to be dormant in futility.

Sierra Leoneans are patiently waiting to hear the actual kick-off message of the implementation of the communique with a ‘National Address’ on dialogue, unity, cohesion and peace. But with the recent Aljazeera interview of Julius Maada Bio in mind, I pray to maintain optimism.