By Mahmud Tim Kargbo
Thursday, 26 February 2026
“Where the Constitution speaks, we obey. Where it is silent, we do not invent.”
In the midst of spirited public debate, it is easy to be swept up by rhetoric, emotion, and metaphor. Yet when the question concerns constitutional offices, clarity and legal precision must prevail. This analysis examines the claim that resignation as Deputy Leader of a political party automatically triggers the vacancy of the Office of Vice President. Drawing directly from the 1991 Constitution of Sierra Leone, this article disentangles political strategy from constitutional mandate, offering a line-by-line constitutional assessment of the arguments advanced on this issue.
Public debate is healthy for democracy. However, when discussing constitutional offices, arguments must be measured not against rhetoric, metaphor, or political preference, but against the explicit text and structure of the 1991 Constitution of Sierra Leone.
The claim that resignation as Deputy Leader of the SLPP automatically requires Vice President Mohamed Juldeh Jalloh to vacate office, rests on a misunderstanding of constitutional law and precedent.
Argument 1: Political selection versus constitutional qualification
Some argue that Vice President Mohamed Juldeh Jalloh was elected because he was SLPP Deputy Leader and that resignation from that post undermines the foundation of his office.
“Resignation from Deputy Leader is a political act, not a constitutional trigger.”
Constitutional Text: Section 41(1) provides: “A person shall not be qualified to be elected as President unless he is a citizen of Sierra Leone by birth, has attained the age of thirty-five years, and is a registered voter.” Section 42(1) states: “A person shall not be a candidate for election as President unless he has been nominated as a candidate by a political party or has stood as an independent candidate in accordance with the Electoral Act.” Nowhere does it require holding any internal party office, including Deputy Leader.
Electoral Reality: The electorate votes for a presidential ticket. The ballot names candidates for President and Vice President, not internal party ranks.
Tenure Post-Election: Section 50 provides: “There shall be a Vice President who shall be elected together with the President and shall hold office during the pleasure of the President or until the expiration of the presidential term.” Section 51 provides that the Vice President exercises such powers as delegated by the President. The foundation of the office is the Constitution and the popular vote, not a party hierarchy.
Political selection considerations may favour the Deputy Leader as running mate. This is a political strategy, not a constitutional condition of office.
Argument 2: Party membership versus leadership
Opponents argue that resignation from Deputy Leader equates to leaving the party. This is legally incorrect.
“Party office is not the same as party membership.”
Section 54(2) Vacancy: “Where the Vice President ceases to be a member of the political party under whose symbol he was elected, the office of Vice President shall become vacant.”
Legal Distinction: Membership refers to belonging to the political party; leadership refers to holding a specific office within that party. Voluntary resignation from leadership does not equate to loss of membership.
Sam Sumana Precedent: Concerned expulsion from party membership. It does not establish that stepping down from a leadership role triggers automatic vacancy. Precedent must be applied within its factual and legal boundaries.
Constitutional disqualifications are strictly construed. Courts do not expand them by analogy.
Argument 3: Nomination and retroactive invalidation
Some claim that nomination was tied to the Deputy Leader role and that resignation retroactively nullifies office.
“Nomination is a pre-election procedure; once sworn in, the constitutional mandate stands.”
Section 42(1) Nomination: “A person shall not be a candidate for election as President unless he has been nominated as a candidate by a political party or has stood as an independent candidate in accordance with the Electoral Act.”
Post-Election Reality: Once elected under Section 46: “The candidate for President who receives the majority of votes cast at the election shall be declared elected by the Electoral Commission.” Once sworn in, Vice President Mohamed Juldeh Jalloh holds office by constitutional authority. Nomination has served its purpose.
Principle: Constitutional offices are not held at the pleasure of internal party structures after election. Retroactive invalidation based on leadership changes is unsupported by law.
Argument 4: Separation of party power and state power
Rhetoric claims party leadership and state office are inseparable.
“Parties contest elections; the Constitution governs the state.”
Section 171(15) Supremacy Clause: “This Constitution shall be the supreme law of Sierra Leone and any law, custom, or practice inconsistent with its provisions shall, to the extent of the inconsistency, be void.”
Distinction: Parties are vehicles for contesting elections. State authority flows from the Constitution, not party hierarchies.
Stability Principle: If every internal party dispute dictated constitutional office, executive stability would collapse. The framers deliberately maintained separation.
Argument 5: Conflict of interest and political ambition
Opponents argue that Vice President Mohamed Juldeh Jalloh seeking future party leadership divides loyalty.
“Ambition is not a constitutional violation.”
Constitutional Reality: Sections 41, 42, 50, and 54 do not prohibit ambition or succession planning.
Global Practice: Vice Presidents globally may contest party leadership or presidency while in office.
Legal Principle: Only misconduct or breach of constitutional procedure triggers removal. Ambition alone is not disqualifying.
Argument 6: Proposed constitutional amendment
Critics cite a pending parliamentary amendment requiring Vice Presidents to vacate office upon resigning from their party.
“Pending amendments clarify the law; they do not rewrite it.”
Legal Insight: Pending amendments clarify or introduce new rules. If the Constitution already mandated resignation, amendment would be unnecessary.
Principle: Pending legislation cannot be taken as evidence of an existing constitutional requirement.
Argument 7: Public office is not party property
Analogies comparing the Vice Presidency to a borrowed car or party reward are rhetorically vivid, but legally irrelevant.
“The Vice President serves the Republic, not the party hierarchy.”
Principle: Public office is a constitutional trust conferred by election. Vice President Mohamed Juldeh Jalloh serves the Republic, not merely the party hierarchy.
Implication: Offices are held in trust for all citizens, including those who did not vote for the governing party.
Argument 8: Political selection versus electoral mandate
While political parties choose candidates based on internal criteria, such as Deputy Leader, the electoral mandate flows from the constitutional process, not party rank.
“Election confers constitutional authority independent of party rank.”
Political preferences do not alter the constitutional conditions for holding office.
Nomination and election confer constitutional authority independent of party structures.
Final Analysis
“Constitutional silence cannot be converted into automatic disqualification.”
A Vice President vacates office only under conditions expressly enumerated in Section 54 or other constitutional procedures.
Resignation from Deputy Leader of a political party is not among these conditions.
The rule of law demands fidelity to text, structure, and precedent. Stability in Sierra Leone’s constitutional order depends on disciplined interpretation, not political speculation, metaphor, or analogy.
References
Constitution of Sierra Leone, 1991
Section 41(1): Eligibility for President
Section 42(1): Nomination by political party or independent candidacy
Section 46: Declaration of election by Electoral Commission
Sections 50 and 51: Vice President powers and tenure
Section 54(2): Vacancy from loss of party membership
Section 171(15): Supremacy clause
Sections 108 and 109: Constitutional amendments
Sam Sumana v. Political Party Case, Supreme Court of Sierra Leone, interpretation of Section 54 regarding party membership and office vacancy.
Electoral Commission of Sierra Leone, Official Guidelines for Nomination and Ballot Procedures.
Academic commentary on constitutional separation of party structures and state offices in West African legal systems.