By Amin Kef Sesay
On the 26th January 2021, the Centre for Accountability and the Rule of Law (CARL) convened a conference which was funded by Action-Aid Sierra Leone at the Sierra Light House bringing stakeholders from different walks of life to deliberate on the Constitutional Review process in Sierra Leone. The main theme of the conference was geared towards the need for speeding up the Constitutional Review process.
Most of the speakers during the deliberation, including Lawyer Basita Michael, made salient contributions as to how and why it is necessary to push the review process forward.
Representing her organization, the Institute for Legal Research and Advocacy for Justice, Lawyer Basita Michael in her statement began by stating that diamonds are forever, but constitutions are not.
She succinctly furthered that no Constitution is meant to last in perpetuity adding that such is probably why Thomas Jefferson wrote to James Madison in 1789 and said, “…it may be proved that no society can make a perpetual constitution or even a perpetual law. The earth belongs to the living generation and not to the dead – every constitution then and every law naturally expires at the end of 19 years.”
The learned lawyer, Basita Michael, maintained that if Jefferson’s thinking is correct, then the 1991 constitution expired more than a decade ago.
“At Lomé in 1999, the Government committed to review the constitution and in 2002 the Truth and Reconciliation Commission called for a review of the 1991 constitution,” she highlighted stating that we are way behind schedule.
She added that it is not to say that successive Governments have not expressed their commitments to call for the review of the 1991 constitution underscoring how almost every political party has pledged in their manifesto to review the constitution.
Basita Michael said millions of Leones and resources have been spent to produce two Constitutional Review Reports – Dr. Peter Tucker’s in 2008 and Justice Edmond Cowan’s in 2016.
“Despite these promises and reviews, successive Governments have failed to deliver a revised constitution,” she lamented saying sadly, many Sierra Leoneans who dedicated their precious time to the review processes have passed away without seeing their recommendations come to fruition, naming Dr. Peter Tucker, Justice Edmond Cowan, Justice Tolla Thompson, N.D. Tejan-Cole and James Blyden Jenkins-Johnson among others.
She said if we are to honour their memories, we must at the very least ensure that we deliver a new constitution that meets the aspirations of the people.
“Furthermore, going by the strategic objectives and key policy actions mentioned in the Middle Term National Development Plan 2019-2023, there cannot be a better time to accelerate the review process and finalize it,” she highlighted.
According to her, the progressive and ambitious policies of the Government uniquely afford the opportunity and valid grounds to urgently reform the constitution.
She also stated how there is a need for us to align strides made as a nation and our progressive policies with our constitution.
“We cannot afford to have a constitution that is at odds with the new values, needs and aspirations of the people of Sierra Leone,” she pointed out adding that the constant call and longing for good governance, lasting peace, national cohesion and better standard of living for all are far too advanced for the 1991 constitution.
“It’s difficult to imagine the kind of amendments that would effectively fix all of the flaws and loopholes of the 1991 constitution, but we can easily revise the 1991 constitution to give it a humane face,” she averred suggesting one that believes in the dignity of humans and mirrors the needs of the nation that has grown not only in population but also in both its international and domestic responsibilities.
She said mindful of this, the Institute for Legal Research and Advocacy for Justice (ILRAJ) is adding its voice to the voices of well-meaning Sierra Leoneans to call on the Government to expedite the review process, which is long overdue.
“In the name of progress, we trust that the Government will take this call in good faith and meet it with the same bravery it demonstrated in abolishing the criminal libel provisions in the Public Order Act,” she expressed optimism.
She said it is reported that the Government has already appointed a task force to look into the review process which she considers as commendable indeed, but said much is not known about the task force and its exact purpose.
“Is it to review the recommendations of the Justice Cowan led CRC and choose from it what is practicable for amendments? Is it to review the white paper dated 10th November 2017 issued by the former Government on the Justice Cowan Report? Is it to look into the possibility to accept the more than 100 recommendations rejected by the former regime out of the 134 recommendations?” were questions she raised.
According to Basita there are lots of questions that need answers.
She said they are looking forward to the Taskforce informing the nation about its composition, mandate, mission, and the work it has done so far maintaining that there is the need for the process to be open, transparent and participatory.
The eloquent lawyer said on their part, they are willing to work with the Taskforce on such an important national issue that is so close to their hearts and the hearts of many Sierra Leoneans.
She said mindful of the above and the seriousness of the review process, ILRAJ aims to mobilize and rally for a national effort to speed up the review process.
“To this end, ILRAJ will embark on series of activities,” she said adding that the main activity is to organize several discussions on some thematic areas in the 1991 constitution that are ripe for amendment and reform.
The charismatic and rights based Lawyer said such will be done through its TV program, “Law Review”, which will take place every fortnight at 8-9 pm on Thursday, aired live on AYV, and broadcast on popular radios in the Western area and the provinces.
Basita Michael said Nicky Spencer Coker will host “Law Review”, saying their first program is on the 4th of February.
According to her, through the program “Law Review”, ILRAJ aims to engage key stakeholders and experts to discuss ten themes recommended for review and amendment by the Justice Cowan Report.
She said to avoid getting lost in the details of the particular amendments she will give a rundown on the said themes:
Abolition of the Death Penalty
Address decentralization issues and the division of responsibilities between Local Government and Central Government by adding a new chapter in the revised constitution.
Remove the discriminatory provisions against women in Section 27 4 (d) and (e) of the 1991 Constitution
Provide greater Clarity on Citizenship laws to ensure that it is not discriminatory, i.e., based on race or gender.
Enshrine a right to a healthy and clean environment that will be protected for the benefit of a future generation and to introducing a new chapter on land natural resources and the environment.
Separate the Office of the Attorney-General from that of the Ministry of Justice and make both appointments subject to the approval of Parliament.
Maintain and strengthen judicial independence by reforming the composition and mandate of the Judicial and Legal Service Commission
Make the appointment of Judges more independent, transparent, and merit-based.
Make provisions for a fixed date for elections and a smooth and clearer transition.
Abolish Supreme Executive authority.
She said based on the outcome of the above prior discussions, ILRAJ aims to hold a conference in October to mark the 30th anniversary of the 1991 constitution and further discuss the above themes in the hope that they will come up with what they may call the People’s Constitution.
Basita Michael disclosed that to further mark the 30th anniversary of the 1991 Constitution and the 60th independence anniversary of Sierra Leone, at the conference in October, the Institute for Legal Research and Advocacy for Justice (ILRAJ) will compile a journal on the Constitution of Sierra Leone.
According to her ILRAJ has already made a call for high-quality articles from authors from a multidisciplinary background of law, political science and other social sciences.
She said the articles in the journal will look at the extent to which the 1991 Constitution has served in responding to the political, social, economic and cultural issues that face Sierra Leone.
According to her they trust that if, as a nation, we come together and redouble our efforts, our hopes and dreams of a revised constitution will soon be turned into reality stating in Krio: “Lɛ wi kam togɛda fɔ mek wi kɔnstityushɔn wok bɛtɛ.”
