By Mahmud Tim Kargbo
The Constitution of Sierra Leone, 1991, was adopted during one of the most challenging periods in the country’s history. It emerged from a background of authoritarian governance, institutional weakness, and national conflict. Its central purpose was to restore democratic order, establish effective checks and balances, protect fundamental rights, and prevent excessive concentration of power within any single institution of the State.
The proposed Constitution of Sierra Leone (Amendment) Bill, 2025 represents one of the most extensive attempts to revise the constitutional framework since the adoption of the 1991 Constitution. The Bill introduces several important reforms affecting electoral governance, presidential powers, political representation, citizenship rights, and institutional accountability.
The proposed amendments contain both progressive provisions that could strengthen democratic governance and areas that require careful reconsideration to ensure that constitutional reform promotes equality, inclusion, and long term national stability.
Positive Constitutional Developments
Strengthening Electoral Governance
The proposed introduction of a more transparent appointment mechanism for members of the National Electoral Commission represents a positive constitutional development.
An electoral management body can only function effectively when it enjoys public trust and confidence. The inclusion of a Search and Nomination Committee consisting of representatives from religious communities, the legal profession, civil society, the private sector, the media, youth organisations, and women’s organisations provides an opportunity to create a more inclusive and transparent appointment process.
Such a mechanism could reduce public concerns regarding political influence and strengthen perceptions of neutrality in the administration of elections.
However, while the proposed framework is a step in the right direction, additional safeguards are required. The process must ensure genuine independence, transparency in selection criteria, public accountability, and protection against political capture. The effectiveness of this reform will depend not only on the composition of the committee but also on the openness and credibility of the appointment process.
Protection of Presidential Transition Periods
The proposed restrictions on the powers of an outgoing President following a presidential election represent an important democratic safeguard.
The Bill seeks to prevent an outgoing administration from making major constitutional appointments, entering significant contracts, creating substantial financial obligations, restructuring public institutions, or taking decisions that could bind an incoming government.
A presidential transition period is a sensitive stage in any democracy. The principle that an outgoing administration should exercise restraint during this period is consistent with international democratic practice and supports the peaceful transfer of power.
However, the proposed provisions require further clarification. Terms such as “major appointment”, “major contract”, and “financial commitment” should be clearly defined to avoid uncertainty, selective interpretation, or unnecessary disputes between outgoing and incoming administrations.
Political Neutrality of the Security Sector
The proposed constitutional requirement that the Police Force and Armed Forces remain politically neutral represents an important institutional safeguard.
Given Sierra Leone’s historical experience with military involvement in politics, including periods of military intervention, constitutional protection against partisan conduct by security institutions is necessary.
The amendment reinforces the principle that:
The Police Force exists to serve the Constitution, uphold the law, and protect citizens rather than advance the interests of any political party.
The Armed Forces exist to protect the sovereignty and security of the State rather than participate in political competition.
Security institutions must remain professional, impartial, and independent during elections and all periods of political transition.
This amendment should be maintained and strengthened through additional mechanisms that promote accountability, professional ethics, and public confidence in security institutions.
Increased Women’s Political Representation
The proposal requiring political parties to ensure that at least 30 percent of their nominees for national and local elections are women is a positive step towards improving gender representation in governance.
Women represent a significant majority of Sierra Leone’s population and continue to make important contributions to national development. However, their representation in political decision making institutions remains limited.
A constitutional requirement for increased participation is therefore necessary. Nevertheless, the effectiveness of this provision will depend on the existence of clear enforcement mechanisms.
The law should clarify:
Whether political parties that fail to meet the required threshold should be prevented from submitting candidate lists.
Whether any exceptions are permitted and under what circumstances.
Which institution has responsibility for enforcement.
What penalties or corrective measures apply in cases of non-compliance.
Without effective enforcement, the requirement may remain symbolic rather than becoming a meaningful instrument for political inclusion.
General Constitutional Concerns
Despite the positive provisions contained in the Bill, several aspects raise important constitutional concerns that require careful examination.
Risk of Creating Unequal Categories of Citizens
One of the most significant concerns relates to the proposed amendment to Section 76 concerning qualifications for Members of Parliament.
The Bill appears to maintain restrictions preventing dual citizens from serving as Members of Parliament while allowing dual citizens to serve as Ministers and Deputy Ministers.
This creates a constitutional inconsistency.
A Sierra Leonean citizen who is considered qualified to serve in the Executive branch of government may at the same time be considered unqualified to represent citizens in Parliament.
This approach creates the appearance of two categories of citizenship:
Citizens who are able to participate fully in national governance.
Citizens whose participation in certain democratic institutions is restricted despite being legally recognised as citizens.
The issue requires serious reconsideration because the 2006 Citizenship (Amendment) Act formally recognised dual citizenship within Sierra Leone’s legal framework. Any constitutional amendment must therefore be harmonised with existing citizenship law and the constitutional principles of equality and non-discrimination.
Continuing to restrict dual citizens from parliamentary participation may have several negative consequences, including:
Discouraging diaspora engagement in national affairs.
Reducing the pool of experienced professionals available for public service.
Creating unnecessary constitutional litigation risks.
Weakening national inclusion at a time when Sierra Leone requires broader participation from all citizens.
A modern democratic constitution must carefully balance legitimate national security considerations with the principle that citizens should not face unnecessary restrictions on their political participation.
Fundamental Recommendation
The overall position of this review is that constitutional amendment should not be rejected simply because it proposes significant changes. Constitutional reform is necessary when it strengthens democracy, improves accountability, and responds to national realities.
However, the amendment process should ensure that every proposed change contributes to a stronger constitutional order.
The Bill should therefore:
Preserve provisions that improve accountability, institutional independence, democratic safeguards, and public confidence.
Review provisions that may create unequal citizenship rights or restrict legitimate political participation.
Introduce stronger safeguards where new powers, procedures, or institutions are created.
Ensure that electoral reforms reflect Sierra Leone’s political history, social realities, and democratic needs rather than adopting models without sufficient consideration of their practical consequences.
The purpose of constitutional reform must remain the creation of a more inclusive, accountable, and democratic Sierra Leone where institutions serve all citizens equally and where citizenship remains the foundation of participation in national development.
End of Part One