By Amin Kef Sesay
Michaela Eddinia Swallow (Ms.), President of the Sierra Leone Bar Association, has unequivocally called on Sierra Leoneans to elevate the debate on the Government’s White Paper on the Constitutional Review Process of the country above party politics. She made that national call on the 13th January 2022, during delivering a speech on the launch of the Government’s White Paper at State House in Freetown.
She described the launch as a translation of the country’s collective desire for a progressive constitution into a reality, adding that, “At the Bar, we also recognize that around the world Governments are often reluctant to embark on reviewing the constitution under which they got power but your Excellency in Sierra Leone we are optimistic that if you can muster the courage and bravery to repeal the 55 year old seditious libel law, abolish the death penalty and introduce the Gender Bill, this long awaited White Paper will signal the dawn of a new Constitution”.
Lawyer Swallow pointed out that the foundation of the country’s democracy must be built on a modern constitution which enhances democratic accountability and promotes socio-economic justice.
She soundly pointed out that a sound constitution should guarantee human rights, foster national cohesion and reduce over centralization of powers in the Executive.
Ms. Swallow added that our new constitution should therefore be seen advancing gender equality, women’s empowerment, strengthening of good governance, protection of the environment and the country’s natural resources, which are all key issues and should therefore be the driving tool of the country’s new constitution.
To promote and support constitutional and legal reforms is one of Bar Association’s key tenets, the President further stated, adding that, as citizens of Sierra Leone, the White Paper gives an opportunity to have a common purpose which is to have “a new constitution of the people, by the people and for the people”.
The Bar President assured the Government of Sierra Leone that her Association stands ready and willing to continue to support the process of constitutional reform in Sierra Leone because, as she put it, “it is not only good for our democracy but also it is good for promoting the rule of law”. Accordingly, “We will examine the White Paper to ensure it represents the collective ambition of the people of Sierra Leone”, the Bar President assured the general public.
In his declaration of purpose, the Attorney General and Minister of Justice, Anthony Brewah Esq. described the occasion as a milestone, which according to him, is the start of the widening of the country’s democratic space. Hon. Brewah noted that the Constitutional Review process is and was in compliance with one of the recommendations of the Truth and Reconciliation Commission (TRC) Report, backed by Article 1 of the Lome Peace Accord.
In the course of launching the Government’s White Paper on the constitutional review process in Sierra Leone, His Excellency President Dr Julius Maada said the White Paper has accepted the recommendation for the separation of the office of the Attorney General and Minister of Justice, with the Attorney General serving as the professional legal adviser to Government whilst the Minister of Justice shall bear a cabinet status. His Excellency noted that the new constitution will empower the Chief Justice to divisionalise the Court of Appeal in Sierra Leone.
President Bio further stated that new chapters have been added to the country’s constitution to align it with best international practices. “The full white paper as accepted is rational and more extensive than the 2017 White Paper. We would take practical steps to implement the non-entrenched recommendations immediately”. President Bio said “The new constitution will require a fixed and predictable date for elections and inauguration,” adding that Members of Parliament shall now be elected through Proportional Representation.
