The Death of a Constitution and the Betrayal of a Nation

Sierra Leone Speaker of Parliament, Segepoh Solomon Thomas

By Alpha Amadu Jalloh

“All power in Sierra Leone belongs to the people who exercise it through their elected representatives.” – 1961 Constitution

The 1991 Constitution of Sierra Leone was supposed to be the supreme law of the land – the legal fortress protecting our democracy, our freedoms, and our dignity as a people. It was meant to safeguard the rights of every Sierra Leonean, ensure checks and balances in governance, and protect us from the tyranny of leaders who might be tempted to place personal ambition above national interest. Instead, more than three decades later, it has become a broken shield – riddled with loopholes, ignored at will, manipulated by those in power, and strangled by a Parliament too timid to uphold its tenets and a judiciary too compromised to enforce its provisions.

“The fundamental rights of the individual shall be recognized and protected in Sierra Leone.” 1971 Constitution

The truth is bitter, but it must be told. Our 1991 Constitution has failed us, not because the document itself was born useless, but because the very institutions tasked with defending it – Parliament and the judiciary – have allowed it to be trampled on repeatedly. Laws that were meant to serve the people now serve as weapons in the hands of the political elite. Rights that should be inviolable have been bartered away for political survival. And the ordinary Sierra Leonean, the very soul of the republic, has been abandoned to fend for themselves in a system that no longer pretends to protect them.

Parliament: The Great Betrayers

“Parliament shall make laws for the peace, order and good governance of Sierra Leone.” 1978 Constitution

Our Parliament is supposed to be the guardian of constitutional integrity. Members of Parliament are elected to represent the people, scrutinise the actions of the executive, and make laws that improve the lives of citizens. Yet, time after time, they have acted not as servants of the people, but as agents of the ruling party – no matter who is in power. Instead of guarding the constitution, they have bent it, twisted it, and in some cases outright ignored it to protect their own political fortunes.

From rubber-stamping executive overreach to passing repressive laws dressed up as national security measures, Parliament has proven that it is more interested in pleasing the president of the day than in defending the citizens who sent them there. The Public Order Act may have been repealed in name, but its spirit lives on in other legislations disguised to control speech and crush dissent. The Cybercrime Act, for example, has become a tool to intimidate journalists, activists, and ordinary citizens who dare to speak truth to power. And yet, our MPs have sat quietly by, pretending not to see the damage being done to our freedoms.

We have also seen how Parliament deliberately fails to address deep-rooted constitutional contradictions – contradictions that keep our people trapped in poverty and political exclusion. The principle of separation of powers has been reduced to a joke as Parliament routinely allows the executive to dictate not just the legislative agenda but also the very terms of political engagement. This is not democracy. This is betrayal.

The Judiciary: The Silent Accomplices

“The independence of the judiciary shall be guaranteed and shall not be subject to undue influence of any organ of government.” 1991 Constitution

If Parliament has betrayed us openly, the judiciary has betrayed us quietly but just as dangerously. The judiciary is supposed to be the last line of defence for constitutionalism – the impartial arbiter that ensures that no one, not even the president, is above the law. But in Sierra Leone, judicial independence has been reduced to a theoretical concept – invoked only in speeches and international conferences.

When the laws are abused, our judges are silent. When unconstitutional acts are committed in broad daylight, our courts hide behind technicalities. When the rights of ordinary Sierra Leoneans are trampled upon, the judiciary moves slowly, if at all – except, of course, when the political elite require a quick ruling in their favour.

It is no wonder that ordinary citizens no longer trust the courts. The judiciary has become a place where justice is not blind but selectively sighted – seeing clearly when the powerful demand protection, but blind as a bat when the powerless cry for help. This is not merely a failure of law. It is a failure of morality.

The Constitutional Review Committee: The Last Chance

“Every person in Sierra Leone shall have the right to participate in the government of Sierra Leone directly or through freely chosen representatives.” 1991 Constitution

Now we are told that the Constitutional Review Committee is at work – tasked with giving us a document that will stand the test of time. But we must be brutally honest. This is the last chance for Sierra Leone to craft a constitution worthy of its name. And those sitting on that committee must understand that history is watching them. If they repeat the mistakes of the past, if they produce another weak, ambiguous, easily manipulated document, then they will go down in history as the final nail in the coffin of Sierra Leone’s democratic dream.

We must demand from them a constitution that is clear, uncompromising, and rooted in the values of justice, accountability, and respect for human dignity. Every law that has stagnated Sierra Leone – every piece of legislation that has been used to muzzle the people, protect the corrupt, or oppress dissent – must be expunged. That includes the Cybercrime laws in their current form, the Public Order Act in disguise, and every clause that can be twisted to curtail freedom of expression.

Let me be clear. Sierra Leone is a deeply religious, culturally conservative country. We are not going to tolerate laws that promote homosexuality, lesbianism, or any other practice that is against the moral and cultural fabric of our society. This is not hatred. This is about preserving the identity and values of our people. Similarly, any provision that legalises abortion outside of clear medical necessity – where the life of the mother is in imminent danger – must not be included. The sanctity of life is non-negotiable.

Reducing Presidential Powers

“The executive authority of Sierra Leone shall be vested in a President who shall exercise such powers as are conferred upon him by this Constitution but subject to the law of the land.” 1978 Constitution

One of the gravest weaknesses of the 1991 Constitution is the excessive concentration of power in the hands of the president. This has allowed successive leaders to behave like monarchs rather than elected servants of the people. The new constitution must drastically reduce presidential powers – ensuring that whoever holds the office is firmly curtailed by the rule of law.

No president should be able to appoint, dismiss, or control every key institution in the land without strong parliamentary and judicial oversight. No president should be able to change the rules of the game mid-play. No president should be able to use state resources for personal political campaigns. The presidency must be an office of service, not an imperial throne.

Diaspora Voting Rights and Political Inclusion

“Every citizen of Sierra Leone shall have the right to vote in elections and referenda.” 1961 Constitution

The constitution must also address a long-standing injustice – the exclusion of Sierra Leoneans in the diaspora from voting and contesting for high office. This is unacceptable. Our diaspora is one of our greatest strengths – a community that sends home billions of leones in remittances every year, sustains families, and often invests in local development.

It is both morally and politically wrong to take their money while denying them the right to have a say in how their country is run. The new constitution must guarantee that every Sierra Leonean, no matter where they live, has the right to vote and be voted for.

Furthermore, we must open up the presidency to any Sierra Leonean over the age of 35 – whether they belong to a political party or not. This will reduce the stranglehold of political parties, weaken polarisation, and give space for independent candidates who can rise above the toxic tribalism, regionalism, and violence that party politics has entrenched.

No Political Games with the Referendum

“The Constitution shall not be amended except in accordance with the procedure laid down for such amendment.” 1991 Constitution

We cannot allow our constitution – the very foundation of our democracy – to be treated as a political side dish in the high-stakes meal of presidential, parliamentary, or council elections. The referendum must stand alone – free from the noise, manipulation, and distractions of electoral politics.

The constitution is not about who wins the next election. It is about the rules that will govern all elections, all parliaments, and all presidents for generations to come. To tie it to a general election is to poison the process from the start.

Rejecting the PR System

Equally, we must reject any attempt to sneak in a Proportional Representation system as part of the constitutional reforms. PR, as practised here, is nothing more than a convenient tool for political elites to consolidate control over the people. It dilutes direct accountability, erodes the constituency link between MPs and the communities they are supposed to serve, and turns elections into party-controlled lists rather than people-controlled choices.

“Proportional representation systems often weaken the direct link between representatives and their constituents and can give undue influence to extremist groups or party elites.” ACE Electoral Knowledge Network

“Much of the electoral competition under PR is between candidates of the same party, which undermines loyalty to the people and strengthens loyalty only to party leaders.”

Accurate Democracy

We are rejecting loyalty to party. We want loyalty to the people – loyalty to the nation. Representatives must answer first to their constituents, not to political parties. We insist on a full-blown democratic procedure – one person, one vote, one representative directly accountable to the people who elected them.

The Way Forward

If the Constitutional Review Committee is serious about producing a document that will stand the test of time, they must start by listening to the people – not the politicians, not the international NGOs, not the donors, but the people of Sierra Leone. They must travel to every district, every chiefdom, every community, and ask – what do you want your constitution to protect? How do you want your leaders to be held accountable? What freedoms do you value most?

We must also build into the constitution strong, enforceable mechanisms for holding leaders accountable – real mechanisms, not the cosmetic checks and balances that exist only on paper today. If a president abuses power, there must be a swift, clear, and unavoidable process for removal. If MPs neglect their duties, there must be an easy way for their constituents to recall them. If judges betray their oath, they must be impeached and prosecuted.

A Call to Conscience

“The Constitution of Sierra Leone shall be the supreme law of the land and any law inconsistent with it shall be void.” – 1991 Constitution

The 1991 Constitution was born in a time of political fragility, and perhaps it was the best we could do at that moment. But thirty-four years later, we have no excuse for repeating the same mistakes. Sierra Leone has suffered enough from weak laws, compromised institutions, and leaders who play by their own rules.

The members of the Constitutional Review Committee must remember that they are not just writing a legal document. They are shaping the destiny of a nation. They are deciding whether our children will grow up in a country governed by justice and accountability or in one ruled by impunity and fear.

Parliament and the judiciary have already shown us what happens when those entrusted with power choose self-interest over national duty. We cannot let this moment slip away. This is our chance, perhaps our last, to build a legal foundation strong enough to protect the rights of every Sierra Leonean, rich or poor, powerful or powerless.

And to those who will sit in judgment of this new constitution when it is done – the future MPs, the future judges – know this. The people are watching. And this time, we will not be silent.