Legal Battle Over 2025 Constitutional Amendment Bill Moves to Supreme Court

 

Honourable Osman Abdal Timbo, a Member of Parliament, has commenced legal proceedings before the Supreme Court of Sierra Leone, seeking an authoritative determination of constitutional questions arising from the Constitution of Sierra Leone (Amendment) Bill, 2025.

An Originating Notice of Motion was filed on his behalf on Monday, August 31, 2026, by his legal counsel, former Attorney-General and Minister of Justice Joseph Fitzgerald Kamara, Esq.

In a statement issued after filing the court papers, Joseph Fitzgerald Kamara said the action focuses on the interpretation of Sections 91(1) and 108 of the Constitution of Sierra Leone, particularly the mandatory publication requirements under Section 108(2)(a) and the two-thirds majority threshold provided for under Section 108(2)(b).

The legal team is asking the Supreme Court to determine whether the constitutional requirements governing amendments were properly observed in relation to the 2025 Amendment Bill.

Joseph Fitzgerald Kamara described the questions raised in the case as serious matters extending beyond ordinary procedural considerations. He argued that the provisions at the centre of the action were deliberately incorporated into the Constitution to prevent hurried, partisan or concealed amendments to the country’s supreme law.

“The issues raised in this matter are grave,” he stated. “These are not technicalities; they are constitutional safeguards deliberately designed to protect the Constitution from hasty, partisan or surreptitious amendment.”

According to the senior lawyer, the court action should not be interpreted as a partisan political contest. He maintained that the case is principally concerned with constitutionalism, respect for the rule of law and the responsibility of public institutions to exercise their powers within established legal boundaries.

“This action is not about politics; it is about principle,” Joseph Fitzgerald Kamara said. “It is about ensuring that Parliament, the Executive and all organs of Government act within the four corners of the Constitution.”

He further stressed that every public official and state institution remains subject to the authority of the Constitution, irrespective of the powers attached to their offices.

Joseph Fitzgerald Kamara maintained that the proceedings seek to reaffirm that neither the President, the Speaker of Parliament, the Attorney-General nor Parliament itself is above the Constitution.

He also praised Hon. Osman Abdal Timbo for initiating the legal action, describing his decision as a demonstration of courage and confidence in the judicial process. He said the lawmaker had placed his faith in the Supreme Court to provide the interpretation required to safeguard Sierra Leone’s constitutional order.

The Supreme Court is the country’s highest judicial authority and is empowered to interpret and determine questions relating to the enforcement and application of the Constitution. Its eventual ruling is therefore expected to clarify the legal requirements governing the disputed amendment process.

Joseph Fitzgerald Kamara called on citizens committed to constitutional governance, the rule of law and the supremacy of the Constitution to closely follow the proceedings.

He said the outcome could have far-reaching implications, not only for the validity of the Constitution of Sierra Leone (Amendment) Bill, 2025, but also for the procedures that must be followed when future changes to the Constitution are proposed.

“The outcome of this case will determine not only the validity of the 2025 Amendment Bill but the very integrity of our constitutional amendment process for generations to come,” he said.

The application represents the latest legal development surrounding the proposed constitutional changes and places the disputed issues directly before the Supreme Court for judicial consideration.

Concluding his statement, Joseph Fitzgerald Kamara emphasized the fundamental importance of constitutional supremacy in Sierra Leone’s democratic system.

“We are a nation of laws, not of men,” he declared. “The Constitution must prevail.”

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The Calabash Newspaper
The Calabash Newspaperhttps://thecalabashnewspaper.com
The Calabash Newspaper is Sierra Leone's leading English-language news platform, established in 2017 to provide trusted news, investigative journalism, politics, business, health, sports, and current affairs to audiences in Sierra Leone and around the world.

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