The Dilemma of the THREE MUSKETEERS:    EBK, Minkailu Mansaray and Pa Yansaneh: A Tale of TWO APC Constitutions

Bhai-D on February 15, 2023
Bhai-D on February 15, 2023

In Sierra Leone, the All People’s Congress (APC) has faced controversy over the selection of members to key positions within the party. Favouritism and disregard for constitutional provisions have plagued the selection process.

This report examines the risks of using the old constitution to select APC members and highlights the opportunity provided by the new constitution in electing members to key positions.

The report also emphasizes the dangers of the old constitution’s selection clause, as well as the consequences of shortlisting Presidential flagbearers in violation of the rules.

The Dangers of Using the Old Constitution

The Sierra Leone Constitution of 1991 and the Political Parties Act of 2002 both contain specific provisions outlining the process for electing members to key positions within political parties.

According to Section (78) 1 of the 1991 Constitution, “the High Court shall have jurisdiction to hear and determine any question whether-

  1. any person has been validly elected as a Member of Parliament; and
  2. the seat of a member of Parliament has become vacant.”

Section (149) 4 adds,

“Where a Commission of Inquiry makes an adverse finding against any person, which may result in a penalty, forfeiture, or loss of status, the report of the Commission of Inquiry shall, for the purposes of this Constitution, be deemed to be a Judgement of the High Court of Justice, and accordingly an appeal shall lie as of right from the Commission to the Court of Appeal.”

According to Section (14) 1 of the Political Parties Act of 2002,

“a political party shall not have as a founding member, leader of the party, or member of its executive body, whether national or otherwise, a person who is not qualified to be elected as a member of Parliament under the Constitution.

The requirements for selecting candidates for elections are also outlined in the Electoral Laws Act 2002, specifically Section (29) 2 d.

The APC, on the other hand, has been accused of ignoring these constitutional provisions, as members of Former President Ernest Bai Koroma’s (EBK) old school preside over meetings to select candidates for key positions.

This approach has led to accusations of favouritism, as some members of the old guard who have yet to step down from APC affairs as a result of the Commission on Inquiry (COI) have been given preferential treatment in the pre-selection to ELECTION process.

Warning Regarding Justice Fisher’s Decision:

The current ruling of Justice Fisher must also be considered by the APC. Justice Fisher has stated unequivocally that the party must follow the provisions of the new constitution.

This ruling puts the APC in a bind because the party’s old guards, EBK, Minkailu Mansaray, and Pa Yansaneh, are heavily invested in the old constitution.

Ignoring this ruling is undemocratic, undermines the principles of fairness and transparency, and may lead to the arrest of some OLD GUARDS.

Members of the APC must insist on the use of the new constitution, which allows all party members to vote for their leaders.

The Old Guards are a threat, and shortlisting presidential flagbearers is against the rules.

There is certainly danger on the horizon when one of the old guards is given the MANDATE to hold private meetings to INTERVIEW and SELECT before allowing PARTY MEMBERS to elect party executives; especially the FLAGBEARER.

The risks of using the old constitution to select APC members are obvious. The selection process must be scrapped, and the OLD GUARDs must follow the provisions of the new constitution and allow for a fair and democratic election.

The consequences of shortlisting presidential flagbearers in violation of the rules are detrimental to the party’s success, and the APC must be mindful of Justice Fisher’s current ruling.

The APC must work to ensure that the best candidate for the position of flagbearer is chosen and that members from all regions and ethnic groups are given equal opportunities to hold key positions within the party. The party must also ensure that the election process is transparent and that all members have equal access to participate.

The New APC Constitution Provides Opportunities

The new constitution opens the door to a more democratic and inclusive election process. The constitution allows for a broader membership to vote in the election of key positions. This means that the party membership has a say in who becomes the party’s presidential Flagbearer and other key positions.

Furthermore, the new constitution ensures that all candidates have a level playing field. This means that all candidates, regardless of their background, tribe, religion, region, or affiliation with the party OLD GUARDs, have an equal chance of being elected. This ensures that the best candidate for the job is elected, rather than just a few biased party members.

The Success of the Party

It is important to note that the success of a party is dependent on its members’ unity and cooperation. As a result, the APC must work to foster a sense of inclusivity in which all members feel valued and respected.

This can be accomplished by fostering an environment conducive to open communication and constructive criticism.

Let me conclude!

The risks of using the old constitution to select APC members are numerous. The party must work to ensure that the new constitution’s provisions are followed and that a fair and democratic process is in place.

The consequences of shortlisting presidential flagbearers in violation of the rules can be harmful to the party’s success, and the APC must work to ensure that the best candidate for the Flagbearer position is elected.

The APC must also ensure that members of all regions and ethnic groups have equal access to key positions within the party.

The THREE MUSKETEERS; EBK, Minkailu Mansaray, and Pa Yansaneh, must recognize the importance of implementing the new constitution and holding a democratic and inclusive election process.

To ensure the APC’s success, the party must prioritize the interests of its broader membership over the interests of a few individuals.

I am Bhai-D

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