Legal Institute Challenges Sierra Leone Constitutional Amendment Bill Passage

The Institute for Legal Research and Advocacy for Justice (ILRAJ) expressed serious concern on Wednesday, August 12, 2026, over the circumstances surrounding the passage of the Constitution of Sierra Leone (Amendment) Bill, 2025, by Parliament. In a press statement issued from Freetown, ILRAJ noted potential complications, stating, "When stakes are consequential, anticipating complications is better than seeking to remedy them after the fact." The organization emphasized the foundational ownership of the nation's guiding document, noting, "The Constitution belongs neither to the Government nor to the Opposition. It belongs to the people of Sierra Leone." This statement was issued by ILRAJ in Freetown on Wednesday, 12 August 2026, outlining its position on the contentious legislative process.

Constitutional Thresholds and Procedures

The Institute for Legal Research and Advocacy for Justice (ILRAJ) questioned whether the voting threshold prescribed by the 1991 Constitution was properly applied during the passage of the Constitution of Sierra Leone (Amendment) Bill, 2025. ILRAJ expressed deep concern that Parliament reportedly declared the Bill passed based on a different interpretation of the required voting threshold. The organization noted that Section 108(2)(b) of the Constitution mandates certain constitutional amendment bills to secure the support of at least two-thirds of all Members of Parliament during both their second and third readings. This specific constitutional requirement is key for ensuring the legitimacy of significant changes to the nation's supreme law.

ILRAJ also pointed to Section 108(3), which imposes an additional requirement for constitutional amendments protected under its provisions: these amendments must first be approved through a referendum before they can receive presidential assent. This further requirement shows the importance of public participation in altering fundamental aspects of the Constitution. The legal institute’s statement showed its concerns about the procedural aspects of the Bill's passage, specifically questioning whether these constitutional thresholds and approval mechanisms were adequately respected and followed. ILRAJ is deeply troubled that Parliament reportedly declared the Bill passed based on a different interpretation of the required voting threshold, which could undermine the legality of the amendment process.

Concerns Over Parliamentary Transparency

The Institute for Legal Research and Advocacy for Justice (ILRAJ) raised concern over the Speaker’s decision to refer the matter of the Constitution of Sierra Leone (Amendment) Bill, 2025, to the Supreme Court only after declaring the Bill passed. This sequence of events, according to ILRAJ, raises questions about the timing and intent behind the referral, suggesting a potential bypass of pre-emptive judicial review. ILRAJ also demanded a transparent explanation for reports that observers were removed from the Well of Parliament due to an alleged security threat during the proceedings. The legal institute specifically requested authorities to disclose the nature of the alleged threat, identify who conducted the security assessment, provide the information that formed the basis for the decision, and state the legal authority under which observers were removed. These demands aim to shed light on the circumstances that led to the exclusion of public scrutiny during a critical legislative session.

The organization questioned why the public was reportedly excluded from the parliamentary session when legislative business continued after their removal. ILRAJ emphasized that Parliament belongs to the people, asserting that deliberations on major constitutional reforms should be conducted openly unless specific and credible security concerns necessitate restrictions. The institute reiterated its position that "When stakes are consequential, anticipating complications is better than seeking to remedy them after the fact," and that "The Constitution belongs neither to the Government nor to the Opposition. It belongs to the people of Sierra Leone." This stance reinforces the importance of public access and transparency in legislative processes, particularly when dealing with constitutional amendments.

Bill Provisions and Future Steps

The proposed amendments within the Constitution of Sierra Leone (Amendment) Bill, 2025, include the permanent adoption of proportional representation, the electoral recommendations made by the Tripartite Committee, and a reduction of the presidential election threshold from 55 per cent to 50 per cent plus one. These provisions represent significant changes to Sierra Leone's electoral and political landscape. The Institute for Legal Research and Advocacy for Justice (ILRAJ) welcomed certain provisions in the Bill, specifically the proposed constitutional guarantee for a minimum 30 per cent representation of women in political nominations. This particular amendment is seen as a positive step towards enhancing gender equality and political inclusion. Despite this, ILRAJ urged all constitutional authorities to refrain from taking irreversible actions while questions regarding compliance with Section 108 of the Constitution remain unresolved.

The organization stated, "When stakes are consequential, anticipating complications is better than seeking to remedy them after the fact." Questions concerning the Bill had been referred to the Supreme Court for determination within the legally prescribed period, indicating that the legality of the Bill's passage remains under judicial review. ILRAJ called on all constitutional authorities to avoid taking irreversible actions while questions surrounding compliance with Section 108 remain unresolved, stressing the need for due process and adherence to constitutional provisions. ILRAJ reiterated that "The Constitution belongs neither to the Government nor to the Opposition. It belongs to the people of Sierra Leone," showing the principle that constitutional amendments must reflect the will and protective frameworks established for the populace.