By Amin Kef (Ranger)
Sierra Leone’s Attorney General and Minister of Justice, Alpha Sesay Esq., has formally confirmed compliance with Section 108(2)(a) of the 1991 Constitution in respect of the Constitution of Sierra Leone (Amendment) Bill, 2025.
The confirmation was made in a letter addressed to Hon. Osman Abdul Timbo, Member of Parliament for the Western Area Urban District, following a request dated 12th February 2026 seeking clarification on whether the constitutional procedural requirements had been met prior to the Bill’s introduction in Parliament.
In his response, the Attorney General acknowledged receipt of the request and outlined the relevant constitutional provisions guiding legislative procedure. He referenced Section 94 of the 1991 Constitution, which empowers Parliament to regulate its own procedure and make Standing Orders for the orderly conduct of its proceedings. He further cited Section 94(2), which provides that decisions, orders or directions of Parliament or the Speaker relating to parliamentary procedure shall not be inquired into by any court, underscoring the autonomy of Parliament in managing its internal processes.
Alpha Sesay emphasized that it is not within the remit of the Attorney General and Minister of Justice to determine whether Parliament has complied with its internal rules before laying a Bill for First Reading. He noted that questions concerning parliamentary procedure are better addressed to the Clerk of Parliament or the Honourable Speaker, who are constitutionally mandated to oversee and guide such matters.
“For the avoidance of doubt,” the Attorney General clarified that his office does not regulate or control proceedings in Parliament, nor does it exercise authority over the Government Printing Department or the Government Bookshop, as publication and circulation processes are managed through designated institutional channels.
However, on the specific issue of compliance with Section 108(2)(a), the Attorney General confirmed that the procedural publication requirements had been satisfied. He disclosed that his office is in receipt of:
- A Gazette publication of the Constitution (Amendment) Bill, 2025 dated 24th December 2025, together with the corresponding notice appearing in the Gazette of Wednesday, 24th December 2025, Volume CLXVI, No. 103; and
- A second publication of the same Bill dated 2nd January 2026, along with the notice in the Gazette of Friday, 2nd January 2026, Volume CLXVII, No. 1.
According to him, these publications “speak directly to the procedural requirements contemplated under Section 108(2)(a) of the Constitution,” thereby confirming that the constitutional threshold for prior publication had been met.
Section 108(2)(a) of the 1991 Constitution requires that a Bill seeking to amend the Constitution must be published in the Gazette before its introduction in Parliament, ensuring transparency and public notice in the constitutional amendment process.
The Attorney General concluded by reaffirming that his office remains guided strictly by constitutional fidelity and the rule of law, while attaching copies of the relevant Gazette publications to support his confirmation.
The response has brought clarity to ongoing discussions surrounding the procedural legitimacy of the Constitution of Sierra Leone (Amendment) Bill, 2025, particularly in relation to compliance with constitutional publication requirements prior to parliamentary consideration.
