The Constitution of Sierra Leone, 1991
Being an Act to make provision for a new Constitution of Sierra Leone, and for connected purposes [1 October, 1991]
Be it Enacted by the President and Members of Parliament in this present Parliament assembled, as follows:
Constitution-
9.(1) The Government shall direct its policy towards ensuring that there are equal rights and adequate educational opportunities for all citizens at all levels by-
(2) The Government shall strive to eradicate illiteracy, and to this end, shall direct its educational policy towards achieving-
(3) The Government shall promote the learning of indigenous languages and the study and application of modern science, foreign languages, technology, commerce and business.
13.Every citizen shall-
14. Notwithstanding the provisions of Section 4, the provisions contained in this Chapter shall not confer legal rights and shall not be enforceable in any court of law, but the principles contained therein shall nevertheless be fundamental in the governance of the State, and it shall be the duty of Parliament to apply these principles in making laws.
15. Whereas every person in Sierra Leone is entitled to the fundamental human rights and freedoms of the individual, that is to say, has the right, whatever his race, tribe, place of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following-
the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others, or the public interest.
16.(1) No person shall be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence under the laws of Sierra Leone, of which he has been convicted.
(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case, that is to say-
17. (1) No person shall be deprived of his personal liberty except as may be authorised by law in any of the following cases, that is to say -
j. for the purpose of preventing the unlawful entry of that person into Sierra Leone, or for the purpose of
effecting the expulsion, extradition or other lawful removal of that person from Sierra Leone or the taking of proceedings thereto.
(2) Any person who-
(3) Any person who is arrested or detained in such a case as is mentioned in paragraph (e) or (f) of subsection (1) and who is not released shall be brought before a court of law-
and if any person arrested or detained in such a case as is mentioned in the said paragraph (f) is not tried within the periods specified in paragraph (a) or (b) of this section, as the case may be, then without prejudice to any further proceedings which may be brought against him he shall be released either unconditionally or upon reasonable conditions, including in particular, such conditions as are reasonably necessary to ensure that he appears at a later date for trial or proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
18. (1) No person shall be deprived of his freedom of movement, and for the purpose of this section the said freedom means the right to move freely throughout Sierra Leone, the right to reside in any part of Sierra Leone, the right to enter or leave Sierra Leone, and immunity from expulsion from Sierra Leone.
Provided that no court or other authority shall prohibit any such person from entering into or residing in any place to which he is indigenous; or
(4) If -
(5) On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity of expediency of continuing that restriction to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations.
19. (1) No person shall be held in slavery or servitude or be required to perform forced labour or traffic or deal in human beings. any labour required in consequence of a sentence or order of a court; or labour required of any person while he is lawfully detained, which though not required in consequence of the sentence or order of a court, is reasonably necessary in the interest of hygiene or for the maintenance of the place in which he is detained; or any labour required of a member of a defence force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as such a member, any labour which that person is required by law to perform in place of such service; or any labour required during a period of public emergency or calamity which threatens the life of well-being of the community; or
(2) For the purposes of this section the expression "forced labour" does not include- communal labour or labour which forms part of other civic obligation.
20. (1) No person shall be subject to any form of torture or any punishment or other treatment which is inhuman or degrading.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any kind of punishment which was lawful immediately before the entry into force of this Constitution.
21. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say -
(2) Nothing in this section shall be construed as affecting the making or operation of any law in so far as it provides for the taking of possession or acquisition of property-
(2) Nothing contained in or done under authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required-
rights or obligations before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public:
Provided that the court or other authority may, to such an extent as it may consider necessary or expedient in circumstances where publicity would prejudice the interest of justice or interlocutory civil proceedings or to such extent as it may be empowered or required by law so to do in the interest of defence, public safety, public order, public morality, the welfare of persons under the age of twenty-one years or the protection of the private lives of persons concerned in the proceedings, exclude from its proceedings, persons other than the parties thereto and their legal representatives.
Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection, to the extent that the law in question imposes on any person charged as aforesaid the burden of proving particular facts.
Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection to the extent that the law in question prohibits legal representation in a Local Court.
Provided that nothing in any law shall be held to be inconsistent with or in contravention of this subsection by
reason only that it authorises any court to try a member of a defence force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under service law; but any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under service law.
and except in so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society.
Provided that no person other than the Government or any person or body authorised by the President shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in the contravention of this section to the extent that the law in question makes provision-
a. which is reasonably required-
and except in so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society.
26. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade unions or other economic, social or professional associations, national or international, for the protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
a. which is reasonably required-
and except in so far as that provision, or as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
27. (1) Subject to the provisions of subsection (4), (5), and (7), no law shall make provision which is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7), and (8), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
28. (1) Subject to the provisions of subsection (4), if any person alleges that any of the provisions of sections 16 to 27 (inclusive) has been, is being or is likely to be contravened in relation to him by any person (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person, (or that other person), may apply by motion to the Supreme Court for redress
Provided that the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
requests, refer the question to the Supreme Court.
29.(1) Whenever in the opinion of the President a state of public emergency is imminent or has commenced, the
President may, at any time, by Proclamation which shall be published in theGazette,declare that-
unless it has in the meantime been approved by or superseded by a Resolution of Parliament supported by the votes of two-thirds of the Members of Parliament.
Provided that nothing in this subsection shall authorise the making of regulations during a period of public emergency for the trial of persons who are not members of defence forces by military courts.
a. Every regulation or measure taken under this section and every order or rule made in pursuance of such a
regulation shall, without prejudice to the validity of anything lawfully done there under, cease to have effect
ninety days from the date upon which it comes into operation unless before the expiration of the period, it
has been approved by resolution passed by Parliament.
b. Any such regulation, order or rule may, without prejudice to the validity of anything lawfully done there
under at any time be amended or revoked by the President.
Provided that any such resolution may be extended from time to time by a further such resolution, supported by the votes of two-thirds of Members of Parliament, each extension not exceeding twelve months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a resolution supported by the votes of a simple majority of all the Members of Parliament.
17. During a period of detention-
(18) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the taking during a period of a state of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists immediately before and during that period of a state of public emergency.
"contravention" in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
"court" means any court of law in Sierra Leone other than a local court or a court constituted by or under service law and-
"defence force" means any naval, military or air force of the Government of the Republic of Sierra Leone; "member" in relation to a defence force or other disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline;
"owner" includes any person or his successor in title deprived of any right or interest pursuant to section 21; and "service law" means the law regarding the discipline of a defence force or of the Sierra Leone Police Force or the Prisons Service or any disciplined volunteer force.
32.(1) There shall be an Electoral Commission for Sierra Leone.
(2) The members of the Electoral Commission shall be a Chief Electoral Commissioner, who shall be the Chairman,
and four other members who shall be known as Electoral Commissioners.
(3) The members of the Electoral Commission shall be appointed by the President after consultation with the leaders
of all registered political parties and subject to the approval of Parliament.
(4) A person shall not be qualified-
(5) The terms and conditions of service of members of the Electoral Commission shall be such as Parliament shall
prescribe.
(6) A member of the Electoral Commission shall before assuming the functions of his office, take and subscribe
before the President the Oath as set out in the Third Schedule to this Constitution.
(7) Subject to the provisions of this section, a member of the Electoral Commission shall vacate his office-
(8) A member of the Electoral Commission may be removed from office by the President for inability to discharge
the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.
(9) A member of the Electoral Commission shall not be removed from office except in accordance with the
provisions of this section.
(10) Whenever a member of the Electoral Commission dies, resigns, is removed from office, or is absent from Sierra
Leone, or is by reason of illness or any other cause unable to perform the functions of his office, the President may
appoint a person who is qualified to be appointed Electoral Commissioner and any person so appointed shall, subject
to the provisions of subsections (6) and (7), continue to perform those functions until his appointment is revoked by
the President, or until the Electoral Commissioner is able to perform those functions, or until the appointment of a
new Electoral Commissioner.
(11) In the exercise of any functions vested in it by this Constitution, the Electoral Commission shall not be subject
to the direction or control of any person or authority.
(12) The Chief Electoral Commissioner shall submit a report on the programme and work of the Electoral
Commission at least once a year to the President and a copy of such report shall be laid before Parliament.
33.Subject to the provisions of the Constitution, the Electoral Commission shall be responsible for the conduct and
supervision of the registration of voters for, and of, all public elections and referenda; and for that purpose shall have power to make regulations by statutory instrument for the registration of voters, the conduct of Presidential,
Parliamentary or Local Government elections and referenda, and other matters connected therewith, including
regulations for voting by proxy.
34.(1) There shall be a Political Parties Registration Commission which shall consist of four members appointed by
the President, namely-
(2) The members of the Commission, other than the Chief Electoral Commissioner, shall be appointed by the
President subject to the approval of Parliament.
(3) The Administrator and Registrar-General shall be Secretary to the Commission.
(4) The Commission shall be responsible for the registration of all political parties and for that purpose may make
such regulations as may be necessary for the discharge of its responsibilities under this Constitution;
Provided that the first registration of political parties after the coming into force of this Constitution shall be
undertaken by the Electoral Commission.
(5) In the exercise of any functions vested in it by this Constitution, the Commission shall not be subject to the
direction or control of any person or authority, save only as regards the right to appeal contained in section 35.
35.(1) Subject to the provisions of this section, political parties may be established to participate in shaping the political will of the people, to disseminate information on political ideas, and social and economic programmes of a national character, and to sponsor candidates for Presidential, Parliamentary or Local Government elections.
(2) The internal organisation of a political party shall conform to democratic principles, and its aims, objectives, purposes and programmes shall not contravene, or be inconsistent with, any provisions of this Constitution.
(3) A statement of the sources of income and the audited accounts of a political party, together with a statement of its assets and liabilities, shall be submitted annually to the Political Parties Registration Commission, but no such account shall be audited by a member of the political party whose account is submitted.
(6) Subject to the provisions of this Constitution, and in furtherance of the provisions of this section, Parliament may make laws regulating the registration, functions and operation of political parties.
(7) Any association aggrieved by a decision of the Political Parties Registration Commission under this section may
appeal to the Supreme Court and the decision of the Court shall be final.
(8) For the purposes of this section the expression-
"association" includes any body of persons, corporate or incorporate, who agree to act together for any common
purpose, or an association formed for any ethnic, social, cultural, occupational or religious purpose; and "political
party" means any association registered as a political party as prescribed by subsection (5).
(2) The conduct of any referendum for the purposes of subsection (1) shall be under the general supervision of the
Electoral Commission and the provisions of Section 38 of this Constitution shall apply in relation to the exercise by
the Electoral Commission of its functions with respect to a referendum as they apply in relation to the exercise of its
functions with respect to elections of Members of Parliament.
(3) A Bill for an Act of Parliament under this Section shall not be submitted to the President for his assent unless it
is accompanied by a certificate under the hand of the Speaker (or if the Speaker is for any reason unable to exercise
the functions of this office, the Deputy Speaker) that the provisions of subsections (1), (2) and (3) of section 106
and, where appropriate, the provisions of subsections (1) and (2) have been complied with.
38.(1) Sierra Leone shall be divided into such constituencies for the purpose of electing the Members of Parliament
referred to in paragraph (b) of subsection (1) of section 74 of this Constitution as the Electoral Commission, acting
with the approval of Parliament signified by resolution of Parliament, may prescribe.
(2) Every constituency established under this section shall return one Member of Parliament.
(3) The boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the
population quota as is reasonably practicable.
Provided that the number of inhabitants of such a constituency may be greater or less than the population quota in
order to take account of means of communications, geographical features, density of population, the distribution of
different communities, the areas and boundaries of the Chiefdoms and other administrative or traditional areas.
(4) The Electoral Commission shall review the division of Sierra Leone into constituencies at intervals of not less
than five and not more than seven years, and may alter the constituencies in accordance with the provisions of this
section to such extent as it may consider desirable in the light of the review:
Provided that the Commission may at any time carry out such a review and alter the constituencies in accordance
with the provisions of this section to such extent as it considers necessary in consequence of any alteration in the
number of Members of Parliament referred to in paragraph (b) of subsection (1) of section 74 by reason of the
holding of a census of the population of Sierra Leone in pursuance of an Act of Parliament.
(5) Where the boundaries of any constituency are altered in accordance with the provisions of this section, that
alteration shall come into effect upon the next dissolution of Parliament after the alteration has been approved by Parliament.
Provided that if Parliament is dissolved before such election is due to be held, the vacancy shall be filled at the general election.
(2) The Proclamation appointing a date for the holding of an election to fill a vacancy shall be published in the Gazette not less than twenty-one days before the date appointed for holding the election.
Provided that any Treaty, Agreement or Convention executed by or under the authority of the President which relates to any matter within the legislative competence of Parliament, or which in any way alters the law of Sierra Leone or imposes any charge on, or authorises any expenditure out of, the Consolidated Fund or any other fund of
Sierra Leone, and any declaration of war made by the President shall be subject to ratification by Parliament-
Provided that-
a. where any proceedings have been lawfully commenced or taken for the purposes of the election and assumption of office of a President, it shall not be recommended or retaken whether or not a President has thereby been duly elected, by reason only that a vacancy has occurred in the office of President otherwise than by effluxion of time; and the said proceedings shall, subject to the provision of this Constitution, be continued and committed in accordance with this Constitution and any other law for the time being in force relating thereto, with such modification as may be necessary; and
b. where the office of President becomes vacant during a period when Parliament is dissolved, the Presidential election shall be held and completed before the election of Members of Parliament.
shall be referred to and determined by the Supreme Court.
46.(1) No person shall hold office as President for more than two terms of five years each whether or not the terms are consecutive.
(2) Any person who is elected President while he is, or has been elected a Member of Parliament shall, on assuming office as President, cease to be an elected Member of Parliament and his seat shall be declared vacant.
(5) The oath aforesaid shall be administered by the Chief Justice of Sierra Leone or the person for the time being appointed to exercise the functions of the Chief Justice.
(2) The salary and allowances of the President shall not be altered to his disadvantage during his tenure of office.
(3) The President shall be exempted from personal taxation.
c. where the incumbent ceases to hold that office in pursuance of section 50 or 51 of this Constitution:
Provided that the President shall not resign or retire from his office even at the due expiration of his term of office while a general election of Members of Parliament is pending within the ensuing three months, or where a state of public emergency has been declared.
50.(1) Where the Cabinet has resolved that the question of the mental or physical capacity of the President to discharge the functions conferred on him by this Constitution ought to be investigated and has informed the Speaker accordingly, the Speaker shall, in consultation with the Head of the Medical Service of Sierra Leone, appoint a Board consisting of not less than five persons selected by him from among persons registered as medical practitioners under the laws of Sierra Leone.
a. the Cabinet may act notwithstanding any vacancy in its membership or the absence of any member;
b. a Certificate by the Speaker that the President is by reason of mental or physical infirmity unable to discharge the functions of the office of President conferred on him by this Constitution shall, in respect of any period for which it is in force, be conclusive and shall not be entertained or enquired into in any court.
51.(1) If notice in writing is given to the Speaker signed by not less than one-half of all the Members of Parliament of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct in the performance of the functions of his office and specifying the particulars of the allegations and proposing that a tribunal be appointed under this section to investigate those allegations, the Speaker shall-
(2) Where a motion under this section is proposed for consideration by Parliament, it shall meet in secret session and shall not debate the motion, but the Speaker or the person presiding in Parliament shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two thirds of all Members of Parliament, shall declare the motion to be passed.
(3) If a motion is declared to be passed under subsection (2)-
(4) If the Tribunal reports to Parliament that if finds that the particulars of any allegation against the President specified in the motion have not been substantiated, no further proceedings shall be taken under this Section in respect of that allegation.
(5) Where the Tribunal reports to Parliament that it finds that the particulars of any allegation specified in the motion have been substantiated, Parliament may, in secret session, on a motion supported by the votes of not less than twothirds of all the Members of Parliament, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is incompatible with his continuance in office as President; and where Parliament so resolves, the President shall thereupon cease to hold office and a vacancy shall then be deemed to have occurred in the office of President and subsection (4) of Section 49 of this Constitution shall apply accordingly.
52.(1) Whenever the President is absent from Sierra Leone or is by reason of illness or any other cause unable to
perform the functions conferred upon him by this Constitution, those functions shall be performed by the VicePresident.
(2) Upon assumption of office under subsection (1), the Vice-President shall not take and subscribe the oath of office
of President.
53.(1) Subject to the provisions of this Constitution, the executive power in Sierra Leone shall vest in the President and may be exercised by him directly or through members of the Cabinet, Ministers, Deputy Ministers or public officers subordinate to him.
Provided that the President shall always act in accordance with his deliberate judgement in signifying his approval for the purpose of an appointment to an office on his personal staff.
54. (1) There shall be a Vice-President of the Republic of Sierra Leone who shall be the Principal Assistant to the President in the discharge of his executive functions.
shall apply to the removal from office of the Vice-President. 55.The office of the Vice-President shall become vacant-
56.(1) There shall be, in addition to the office of Vice-President, such other offices of Ministers and Deputy Ministers as may be established by the President:
Provided that no Member of Parliament shall be appointed a Minister or Deputy Minister.
(2) A person shall not be appointed a Minister or Deputy Minister unless-
(3) A Minister or a Deputy Minister shall not, while he continues in office, hold any other office of profit or emolument whether by way of allowances or otherwise, whether private or public, and either directly or indirectly:
Provided that the Vice-President, the Ministers and the Deputy Ministers shall be entitled to such remuneration, allowances, gratuities, pensions, and other incidents of office as may be prescribed by Parliament.
(4) Subject to the provisions of section 53 of this Constitution, the Ministers and Deputy Ministers shall hold office at the President's discretion.
(5) Subject to the provisions of subsection (6), the Vice-President and the other Ministers under the direction of the President shall be responsible for such departments of State or other business of the Government as the President may assign to them.
(6) Notwithstanding the provisions of subsection (5), the President shall be responsible for such departments of State, including the Commissions established under this Constitution, as he may determine.
57.A Minister or a Deputy Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath for the due execution of his duties as set out in the Third Schedule.
58.(1) The office of a Minister or a Deputy Minister shall become vacant-
(2) Notwithstanding the provisions of paragraphs (a) and (e) of subsection (1), Ministers and Deputy Ministers shall not vacate office as such by reason of the expiration of the term of office of the President or the assumption by the Speaker to the office of President pursuant to subsections (7) and (8) of section 54 and shall accordingly continue to perform the functions of their respective offices until the election of the new President and the Vice-President.
59.(1) There shall be a Cabinet whose functions shall be to advise the President in the government of Sierra Leone and which shall consist of the President, the Vice-President and such Ministers as the President may from time to time appoint.
(2) A person appointed as a Member of Cabinet shall vacate his seat in the Cabinet is he ceases to be a Minister or if the President so directs.
(3) The Cabinet shall determine the general policy of the Government.
(4) The President shall hold regular meetings of the Cabinet at which he shall preside, and in his absence the VicePresident shall preside.
60.(1) The Cabinet shall be collectively responsible to Parliament for any advice given to the President by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.
(2) The provisions of this section shall not apply in relation to-
the appointment and removal from office of Ministers and Deputy Ministers, or the assignment of
responsibility to any Minister; or the exercise of the prerogative of mercy; or the exercise by the Attorney-General and Minister of Justice or the Director of Public Prosecutions of the powers conferred upon them under section 66.
61.Subject to the provisions of this Constitution and of any Act of Parliament, the President may constitute offices for Sierra Leone, make appointments to any such office and terminate any such appointment.
62.Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary, whose office shall be a public office:
Provided that two or more Departments of Government may be placed under the supervision of one Permanent Secretary.
63.(1) The President may, acting in accordance with the advice of a Committee appointed by the Cabinet over which the Vice-President shall preside-
(2) Where any person has been sentenced to death by any Court for any offence, the Committee appointed under subsection (1) shall cause a written report of the case from the trial judge together with such other information, including a medical report on the prisoner, derived from the record of the case or elsewhere, as the Committee may require, to be submitted to it as soon as possible.
64.(1) There shall be an Attorney-General and Minister of Justice who shall be the principal legal adviser to the Government and a Minister.
65.(1) There shall be a Solicitor-General, whose office shall be a public office.
such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Solicitor-General shall not be removed from office.
(12) The Solicitor-General shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (10) and the tribunal has recommended to the President that he ought to be removed from office of inability to discharge the functions of his office as stated in subsection (9) or for misbehaviour.
66.(1) There shall be a Director of Public Prosecutions whose office shall be a public office.
Provided that where any other person or authority has instituted criminal proceedings, nothing in this section shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.
any person so appointed shall, subject to the provisions of subsection (10) and subsections (12) to (15) inclusive, continue to act until a person has been appointed to and has assumed the functions of the office of Director of Public Prosecutions or until the person holding the office has resumed those functions.
(4) The Secretary to the Cabinet shall not assume the duties of his office unless he has taken and subscribed to the oath as set out in the Third Schedule to this Constitution.
69.(1) There shall be a Secretary to the Vice-President whose office shall be a public office.
(2) The Secretary to the Vice-President shall be appointed by the President in consultation with the Public Service Commission and shall, before assuming the functions of his office, take and subscribe to the oath as set out in the Third Schedule to this Constitution.
70.The President may appoint, in accordance with the provisions of this Constitution or any other law the following persons-
71.Notwithstanding the provisions of section 152 of this Constitution and save as otherwise provided in this Constitution, the President shall, in accordance with the provisions of this Constitution or any other law, appoint-
72.(1) The institution of Chieftaincy as established by customary law and usage and its non-abolition by legislation is hereby guaranteed and preserved.
(4) A Paramount Chief may be removed from office by the President for any gross misconduct in the performance of the functions of his office if after a public inquiry conducted under the Chairmanship of a Judge of the High Court or a Justice of Appeal or a Justice of the Supreme Court, the Commission of Inquiry makes an adverse finding against the Paramount Chief, and the President is of the opinion that it is in the public interest that the Paramount Chief should be removed
(5) Subject to the provisions of this Constitution and in furtherance of the provisions of this section, Parliament shall make laws for the qualifications, election, powers, functions, removal and other matters connected with the Chieftaincy.
73.(1) There shall be a legislature of Sierra Leone which shall be known as Parliament, and shall consist of the President, the Speaker and Members of Parliament.
(2) Subject to the provisions of this Constitution, the legislative power of Sierra Leone is vested in Parliament.
(3) Parliament may make laws for the peace, security, order and good government of Sierra Leone. 74.(1) Members of Parliament shall comprise the following-
(2) The number of Members of Parliament to be elected pursuant to paragraphs (a) and (b) of subsection (1) shall not together be less than sixty.
(3) In any election of Members of Parliament the votes of the electors shall be given by ballot in such manner as not to disclose how any particular elector votes.
(4) Members of Parliament shall be entitled to such salaries, allowances, gratuities, pensions and such other benefits as may be prescribed by Parliament.
75.Subject to the provisions of section 76, any person who-
shall be qualified for election as such a Member of Parliament:
Provided that a person who becomes a citizen of Sierra Leone by registration by law shall not be qualified for election as such a Member of Parliament or of any Local Authority unless he shall have resided continuously in Sierra Leone for twenty-five years after such registration or shall have served in the Civil or Regular Armed Services of Sierra Leone for a continuous period of twenty-five years.
Provided that in any such case the period of disqualification shall not exceed a period of five years from the date of the general election following the one for which he was disqualified.
Parliament; or
j. if he resigns from office as a Member of Parliament by writing under his hand addressed to the Speaker, or
if the Office of Speaker is vacant or the Speaker is absent from Sierra Leone, to the Deputy Speaker; or k. if he ceases to be a member of the political party of which he was a member at the time of his election to Parliament and he so informs the Speaker, or the Speaker is so informed by the Leader of that political party; or
l. if by his conduct in Parliament by sitting and voting with members of a different party, the Speaker is satisfied after consultation with the Leader of that Member's party that the Member is no longer a member of the political party under whose symbol he was elected to Parliament; or m. if, being elected to Parliament as an independent candidate, he joins a political party in Parliament; or n. if he accepts office as Ambassador or High Commissioner for Sierra Leone or any position with an International or Regional Organization.
(2) Any member of Parliament who has been adjudged to be a lunatic, declared to be of unsound mind, or sentenced to death or imprisonment, may appeal against the decision in accordance with any law provided that the decision shall not have effect until the matter has been finally determined.
78.(1) The High Court shall have jurisdiction to hear and determine any question whether-
(2) The High Court to which any question is brought under subsection (1) shall determine the said question and give judgement thereon within four months after the commencement of the proceedings before that Court.
(3) An appeal shall lie to the Court of Appeal from the decision of the High Court on any matter determined pursuant to subsection (1), save that no appeal shall lie in respect of any interlocutory decisions of the High Court in such proceedings.
79.(1) The Speaker of Parliament shall be elected by the Members of Parliament from among persons who are Members of Parliament or are qualified to be elected as such and who are qualified to be appointed Judges of the Superior Court of Judicature or have held such office:
Provided that a person shall be eligible for election as Speaker of Parliament notwithstanding that such person is a Public Officer or a Judge of the High Court, a Justice of the Court of Appeal or a Justice of the Supreme Court, and such person, if elected, shall retire from the Public Service on the day of his election with full benefits.
(2) The Speaker shall be elected by a resolution in favour of which there are cast the votes of not less than two-thirds
of the Members of Parliament:
Provided that if three successive resolutions proposing the election of a Speaker fail to receive the votes of twothirds of the Members of Parliament, the Speaker shall be elected by a resolution passed by a simple majority of all the Members of Parliament.
(3) No person shall be elected as speaker-
(4) The Speaker shall vacate his office-
(5) No business shall be transacted in Parliament (other than an election to the office of Speaker) at any time if the office of Speaker is vacant.
(6) Any person elected to the office of Speaker who is not a Member of Parliament shall before entering upon the duties of his office, take and subscribe before Parliament the oath as set out in the Third Schedule in this Constitution.
(7) The Speaker, or in his absence the Deputy Speaker, shall preside over all sittings of Parliament, except when the President is present.
80. (1) There shall be a Deputy Speaker who shall be elected by the Members of Parliament.
(2) No person shall be elected as Deputy Speaker unless he is a Member of Parliament.
(3) The Members of Parliament shall elect a person to the office of Deputy Speaker-
(4) The Deputy Speaker shall vacate his office-
(5) If the Speaker is absent from Sierra Leone or otherwise unable to perform any of the functions conferred upon him by this Constitution those functions may be performed by the Deputy Speaker.
Public Service Commission, and shall be responsible for the administration of Parliament.
(2) The office of the Clerk of Parliament and the offices of the members of his staff shall be public offices.
83.Every Member of Parliament shall, before taking his seat in Parliament, take and subscribe before Parliament the oath as set out in the Third Schedule, but a Member may, before taking that oath, take part in the election of a Speaker.
84.(1) Each session in Parliament shall be held at such place within Sierra Leone and shall commence at such time as the President may be Proclamation appoint.
(2) There shall be a session of Parliament at least once in every year, so that a period of twelve months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session:
Provided that there shall be a session of Parliament not later than twenty-eight days from the holding of a general election of Members of Parliament.
(3) The President shall at the beginning of each session of Parliament present to Parliament an address on the state of the nation.
(2) If there is in existence a state of public emergency in accordance with section 29 of this Constitution and the President considers it not practicable to hold elections, Parliament may, by resolution, extend the period of five years mentioned in subsection (1) from time to time but not beyond a period of six months at any one time.
(2) Notwithstanding the provision of subsection (1), at least twenty per centum of all the Members of Parliament may request a meeting of Parliament and the Speaker shall, within fourteen days after the receipt of that request, summon a meeting of Parliament.
(3) Subject to the provisions of subsection (1) and of Sections 29 and 84 of this Constitution, sittings of Parliament in any session after the commencement of that session shall be held at such times and on such days as Parliament shall appoint.
(4) Parliament shall sit for a period of not less than one hundred and twenty days in each year.
87.(1) A general election of the Members of Parliament shall be held not earlier than thirty days and not later than ninety days after any dissolution of Parliament:
Provided that nominations for such elections shall in no case be closed within fourteen days after dissolution.
(2) If, when Parliament has been dissolved, the President considers that owing to the existence of a state of public emergency it would not be practicable to hold a general election within ninety days after the dissolution, the President may by Proclamation recall the Parliament that has been dissolved and the following provisions shall then have effect-
a. the Parliament shall meet at such date, not later than fourteen days after the date of the Proclamation, as may be specified therein;
(3) When Parliament is recalled under this section after having been dissolved-
Provided that when the President addresses Parliament or attends in person, the Speaker shall leave his chair and no other person shall preside during such address or attendance.
92.Any person who sits or votes in Parliament knowing or having reasonable ground for knowing that he is not entitled to do so shall be liable to a penalty not exceeding one thousand leones or such other sum as may be prescribed by Parliament for each day in which he so sits or votes in Parliament, which shall be recoverable by action in the High Court at the suit of the Attorney-General and Minister of Justice.
93.(1) At the beginning of each session of Parliament, but in any case not later than twenty-one days thereafter, there shall be appointed from among its members the following Standing Committees, that is to say-
(2) In addition to the Committees referred to in subsection (1), Parliament shall appoint other Committees which shall perform the functions specified in subsection (3).
(3) In shall be the duty of any such Committee as is referred to in subsection (2) to investigate or inquire into the activities or administration of such Ministries or Departments as may be assigned to it, and such investigation or inquiry may extend to proposals for legislation.
(4) Notwithstanding anything contained in subsections (1) and (2), Parliament may at any time appoint any other Committee to investigate any matter of public importance.
94.(1) Subject to the provisions of this Constitution, Parliament may regulate its own procedure, and may in particular make, amend and revoke Standing Orders for the orderly conduct of its own proceedings.
(2) Notwithstanding anything to the contrary in this Constitution or in any other law contained, no decision, order or direction of Parliament or any of its Committees or the Speaker, relating to the rules of procedure of Parliament, or to the application or interpretation of such rules, or any act done or purporting to have been done by Parliament or by the Speaker under any rules of procedure, shall be inquired into by any court.
(3) Parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when Parliament first meets after the entry into force of this Constitution or after any dissolution of Parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of Parliament shall not invalidate those proceedings.
(4) Parliament may, for the purpose of the orderly and effective discharge of its business, make provision for the powers, privileges and immunities of Parliament, its Committees and the Members thereof.
97.The responsibilities of the Members of Parliament shall include the following-
(2) Whenever in the opinion of the person presiding in Parliament a statement made by a Member isprima facie defamatory of any person, the person presiding shall refer the matter for inquiry to the Committee of Privileges which shall report its findings to Parliament not later than thirty days of the matter being so referred.
(3) Where the Committee of Privileges reports to Parliament that the statement made by the Member is defamatory of any person, the Member who made the statement shall, within seven days of that report, render an apology at the bar of Parliament, the terms of which shall be approved by the Committee of Privileges and communicated to the person who has been defamed.
(4) Where a Member refuses to render an apology pursuant to the provisions of subsection (3), the Speaker shall suspend that Member for the duration of the session of Parliament in which the defamatory statement was made and a Member so suspended shall lose his Parliamentary privileges, immunities and remuneration which shall be restored to him if at any time before the end of the session he renders the apology as required under the provisions of subsection (3).
(5) Any person who may have made a contemporaneous report of the proceedings in Parliament including a statement which has been the subject of an inquiry pursuant to the provisions of subsection (2) shall publish the apology referred to in subsection (3) or the suspension or the apology referred to in subsection (4) with the same prominence as he published the first report; and if any such person fails to publish that apology he shall not be protected by privilege.
100.No civil or criminal process issuing from any court or place out of Parliament shall be served on or executed in relation to the Speaker or a Member or the Clerk of Parliament while he is on his way to attending or returning from any proceedings of Parliament.
101.(1) Neither the Speaker nor any Member of, nor the Clerk of Parliament shall be compelled, while attending Parliament, to appear as a witness in any court or place out of Parliament.
(2) The certificate of the Speaker that a Member or the Clerk is attending the proceedings of Parliament shall be conclusive evidence of attendance at Parliament.
unless it is shown that the publication was effected maliciously or otherwise in want of good faith.
(7) Where a Bill has been passed by Parliament but the President refuses to sign it, the President shall within fourteen days of the presentation of the Bill for his signature cause the unsigned Bill to be returned to Parliament giving reasons for his refusal.
(8) Where a Bill is returned to Parliament pursuant to subsection (7) and that Bill is thereafter passed by the votes of not less than two-thirds of the Members of Parliament, it shall immediately become law and the Speaker shall thereupon cause it to be published in the Gazette.
(9) Nothing in this section or in section 53 of this Constitution shall prevent Parliament from conferring on any person or authority the power to make statutory instruments.
107. (1) A Minister may introduce a Bill in Parliament and take part, but without a vote, in the deliberations of Parliament on that Bill.
(2) A Minister may be summoned before Parliament or a Committee thereof-
108. (1) Subject to the provisions of this section, Parliament may alter this Constitution.
(2) A Bill for an Act of Parliament under this section shall not be passed by Parliament unless-
a. before the first reading of the Bill in Parliament the text of the Bill is published in at least two issues of the Gazette:
Provided that not less than nine days shall elapse between the first publication of the Bill in theGazette and the second publication; and
b. the Bill is supported on the second and third readings by the votes of not less than two-thirds of the Members of Parliament.
(3) A Bill for an Act of Parliament enacting a new Constitution or altering any of the following provisions of this Constitution, that is to say-
shall not be submitted to the President for his assent and shall not become law unless the Bill, after it has been passed by Parliament and in the form in which it was so passed, has, in accordance with the provisions of any law in that behalf, been submitted to and been approved at a referendum.
(4) Every person who is entitled to vote in the elections of Members of Parliament shall be entitled to vote at a
referendum held for the purposes of subsection (3) and no other person may so vote; and the Bill shall not be regarded as having been approved at the referendum unless it was so approved by the votes of not less than one-half of all such persons and by not less than two-thirds of all the votes validly cast at the referendum:
Provided that in calculating the total number of persons entitled to vote at such referendum, the names of deceased persons, of persons disqualified as electors, and of persons duplicated in the register of electors and so certified by the Electoral Commission, shall not be taken into account.
providing for the imposition or alteration of taxation, such provisions of the Bill as may be specified in the order shall, until the Bill becomes law, have the force of law for such period and subject to such conditions as may be prescribed by Parliament:
Provided that any such order shall, unless sooner revoked, cease to have effect-
Provided that-
111. (1) There shall be a Consolidated Fund into which, subject to the provisions of this section, shall be paid-
(4) No moneys shall be withdrawn from any public fund, other than the Consolidated Fund and the Contingencies Fund, unless the issues of those moneys have been authorised by or under the authority of an Act of Parliament.
112. (1) Subject to the provisions of section 107 of this Constitution, the Minister for the time being responsible for finance shall cause to be prepared and laid before Parliament in each financial year estimates of the revenues and expenditures of Sierra Leone for the next following financial year.
(2) The Head of the expenditure-
(3) Where, in respect of any financial year, it is found that the amount of moneys appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount of moneys has been appropriated by that Act, a supplementary estimate showing the sum of money required shall be laid before Parliament.
(4) Where, in respect of any financial year, a supplementary estimate has been approved by Parliament in accordance with the provisions of subsection (3), a Supplementary Appropriation Bill shall be introduced in Parliament in the financial year next following the financial year to which the estimates relate, providing for the appropriation of the sum so approved for the purposes specified in that estimate.
(5) Notwithstanding the provisions of subsection (4), the Minister for the time being responsible for finance may cause to be prepared and laid before Parliament estimates of revenue and expenditure of Sierra Leone for periods of over one year.
(6) Parliament shall prescribe the procedure for the presentation of Appropriation Bills.
113. Where it appears to the Minister responsible for finance that the Appropriation Act in respect of any financial year will not come into operation by the beginning of that financial year, he may, with the prior approval of Parliament signified in that behalf by a resolution thereof, authorise the withdrawal of moneys from the Consolidated Fund for the purposes of meeting expenditure necessary to carry on the services of the Government in respect of the period expiring four months from the beginning of the financial year or on the coming into operation of the Act, whichever is earlier.
114. (1) No moneys shall be expended from the general revenue of the Republic unless-
(2) No warrant shall be issued by the President authorising expenditure from the general revenues of the Republic unless-
a. the expenditure is necessary to carry on the services of the Government in respect of any period not
exceeding four months beginning with the commencement of a financial year during which the Appropriation Act for that financial year is not in force; or
(3) The President shall, immediately after he has signed any warrant authorising expenditure from the general revenues of the Republic, cause a copy of the warrant to be transmitted to the Accountant-General.
(4) The issue of warrants under paragraph (c) of subsection (2), the investment of moneys forming part of the general revenue of the Republic and making of advances from such revenues shall be subject to such limitations and conditions as Parliament may from time to time prescribe.
115.(1) There shall be paid to the holders of the offices to which this section applies such salaries and allowances as may be prescribed by or under any law.
(2) The salaries and allowances payable to the holders of the offices to which this section applies shall be a charge on the Consolidated Fund.
(3) The salary, pensions, gratuity and allowances payable to the holder of any office to which this section applies and his other terms of services shall not be altered to his disadvantage after his appointment, and for the purposes of this subsection in so far as the terms of service of any person depends on the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted.
(4) This section applies to the officers of the President, Vice-President, Attorney-General and Minister of Justice, Ministers, Deputy Ministers, the Chief Justice, a Justice of the Supreme Court, a Justice of Appeal, a Judge of the High Court, the Director of Public Prosecutions, the Chairman and Members of the Electoral Commission, the Chairman and Members of the Public Service Commission, and the Auditor-General.
116.(1) Parliament may provide for the establishment of the Contingencies Fund and for authorising the Minister responsible for Finance, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advance from the Fund to meet that need.
(2) Where any advance is made in accordance with subsection (1), a Supplementary Estimate shall be presented and a Supplementary Appropriation bill shall be introduced into Parliament as soon as possible for the purpose of replacing the amount so advanced.
(2) In this section reference to the public debt of Sierra Leone includes reference to the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt.
(2) An agreement entered pursuant to subsection (1) shall be laid before Parliament and shall not come into operation unless the same has been approved by a resolution of Parliament.
(3) No loan shall be raised by the Government on behalf of itself or any other public institution or authority otherwise
than by or under the authority of an Act of Parliament.
(4) An Act of Parliament enacted in accordance with subsection (3) shall provide-
(7) Parliament shall be notified by the appropriate Minister or authority of all gifts, donations, grants and pledges made to the State of Sierra Leone.
119. (1) There shall be an Auditor-General for Sierra Leone whose office shall be a public office, and who shall be appointed by the President after consultation with the Public Service Commission, and subject to the approval of Parliament.
(2) The public accounts of Sierra Leone and all public offices, including the Courts, the accounts of the central and local government administrations, of the Universities and public institutions of like nature, any statutory corporation, company or other body or organisation established by an Act of Parliament or statutory instrument or otherwise set up partly or wholly out of Public Funds, shall be audited and reported on by or on behalf of the Auditor-General, and for that purpose the Auditor-General shall have access to all books, records, returns and other documents relating or relevant to those accounts.
120.(1) The Judicial power of Sierra Leone shall be vested in the Judiciary of which the Chief Justice shall be the Head.
(2) The Judiciary shall have jurisdiction in all matters civil and criminal including matters relating to this Constitution, and such other matters in respect of which Parliament may by or under an Act of Parliament confer jurisdiction on the Judiciary.
(5) The Superior Court of Judicature shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this Constitution.
(6) Save as may be otherwise ordered by a Court in the interests of public morality, public safety or public order, all proceedings of every Court, including the announcement of the decision of the court, shall be held in public.
(7) Nothing contained in subsection (6) shall prevent a court from excluding from its proceedings persons, other than the parties thereto and their counsel, to such an extent as the Court may consider necessary or expedient-
a. in circumstances where publicity would prejudice the interests of justice or any interlocutory proceedings;
or
b. in the interests of defence, public safety, public morality, the welfare of minors or the protection of the private lives of persons concerned in the proceedings.
121.(1) The Supreme Court shall consist of-
122. (1) The Supreme Court shall be the final court of appeal in and for Sierra Leone and shall have such appellate and other jurisdiction as may be conferred upon it by this Constitution or any other law:
Provided that notwithstanding any law to the contrary, the President may refer any Petition in which he has to give a final decision to the Supreme Court for a judicial opinion.
(2) The Supreme Court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears right so to do; and all other Courts shall be bound to follow the decision of the Supreme Court on questions of law.
(3) For the purposes the hearing and determining any matter within its jurisdiction and the amendment, execution or the enforcement of any judgement or order made on any such matter, and for the purposes of any other authority, expressly or by necessary implication given to it, the Supreme Court shall have all the powers, authority and jurisdiction vested in any Court established by this Constitution or any other law.
123. (1) An appeal shall lie from a judgement, decree or order of the Court of Appeal to the Supreme Court-
(2) Notwithstanding the provisions of subsection (1), the Supreme Court shall have power to entertain any application for special leave to appeal in any cause or matter, civil or criminal, to the Supreme Court, and to grant such leave accordingly.
124. (1) The Supreme Court shall, save as otherwise provided in section 122 of this Constitution, have original jurisdiction, to the exclusion of all other Courts-
(2) Where any question relating to any matter or question as is referred to in subsection (1) arises in any proceedings in any Court, other than the Supreme Court, that Court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination; and the Court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court.
125. The Supreme Court shall have supervisory jurisdiction over all other Courts in Sierra Leone and over any adjudicating authority; and in exercise of its supervisory jurisdiction shall have power to issue such directions, orders or writs including writs of habeas corpus, orders of certiorari, mandamus and prohibition as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory powers.
126. A single Justice of the Supreme Court acting in its criminal jurisdiction, and three Justices of the Supreme Court acting in its civil jurisdiction may exercise any power vested in the Supreme Court not involving the decision of a cause or matter before the Supreme Court save that-
Appeal shall have all the powers, authority and jurisdiction vested in the Court from which the Appeal is brought.
130.A single Justice of the Court of Appeal may exercise any power vested in the Court of Appeal not involving the decision of any cause or matter before the Court of Appeal save that-
(2) Parliament shall, by an Act of Parliament, make provision for the exercise of jurisdiction under this section.
134.The High Court of Justice shall have supervisory jurisdiction over all inferior and traditional Courts in Sierra Leone and any adjudicating authority, and in the exercise of its supervisory jurisdiction shall have power to issue such directions, writs and orders, including writs of habeas corpus, and orders of certiorari, manda musand prohibition as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory powers.
135.(1) The President shall, acting on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament, appoint the Chief Justice by warrant under his hand from among persons qualified to hold office as Justice of the Supreme Court.
(2) The other Judges of the Superior Court of Judicature shall be appointed by the President by warrant under his hand acting on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament.
(3) A person shall not be qualified for appointment as a Judge of the Superior Court of Judicature, unless he is entitled to practise as Counsel in a Court having unlimited jurisdiction in civil and criminal matters in Sierra Leone or any other country having a system of law analogous to that of Sierra Leone and approved by the Judicial and Legal Service Commission, and has been entitled as such Counsel in the case of appointment to-
(4) For the purposes of subsection (3), a person shall be regarded as entitled to practise as Counsel if he has been called, enrolled or otherwise admitted as such and has not subsequently been disbarred or removed from the Roll of Counsel or Legal Practitioners.
(5) For the purposes of this section, a person shall not be regarded as not being entitled to practise in a court by reason only that he is precluded from doing so by virtue of his holding or acting in any office.
136.(1) Where the office of the Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then-
(2) Where the office of a Judge of the High Court is vacant or for any reason a Judge thereof is unable to perform the functions of his office or if the Chief Justice advises the President that the state or business in the High Court of Justice so requires, the President may, acting in accordance with the advice of the Judicial and Legal Service Commission, appoint a person who has held office as, or a person qualified for appointment as, a Judge of the Superior Court of Judicature to act as a Judge of the High Court of Justice, notwithstanding the fact that he has already attained the retiring age prescribed by section 137.
(3) Any person appointed under the provisions of subsection (2) of this section to act as a Judge of the High Court of Justice shall continue to act for the period of his appointment or if no such period is specified until his appointment is revoked by the President, acting in accordance with the advice of the Judicial and Legal Service Commission.
(4) Where the office of a Justice of the Supreme Court or of the Court of Appeal is vacant or for any reason a Justice thereof is unable to perform the functions of his office or if the Chief Justice advises the President that the state of business in the Supreme Court or in the Court of Appeal, as the case may be, so requires the President may, acting in accordance with the advice of the Judicial and Legal Service Commission, appoint a person who has held office as or a person qualified for appointment as a Judge of the Superior Court of Judicature to act as a Justice of the Supreme Court or of the Court of Appeal, as the case may be, notwithstanding the fact that he has already attained the retiring age prescribed by section 137.
(5) Any person appointed under the provisions of subsection (4) of this section to act as a Justice of the Supreme Court or of the Court of Appeal shall continue to act for the period of his appointment or if no such period is specified until his appointment is revoked by the President acting in accordance with the advice of the Judicial and Legal Service Commission.
(6) Notwithstanding the expiration of the period of his appointment, or the revocation of his appointment, a Judge appointed pursuant to the provisions of subsection (2) or (4) of this section, may thereafter continue to act, for a period not exceeding three months, to enable him to deliver judgement or do any other thing in relation to proceedings that were commenced before him previously thereto.
137.(1) Subject to the provisions of this section, a Judge of the Superior Court of Judicature shall hold office during good behaviour.
(2) A person holding office as a Judge of the Superior Court of Judicature-
(6) Where the question of removing a Judge of the Superior Court of Judicature from office has been referred to a tribunal under subsection (5), the President may suspend the Judge from performing the functions of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Judge shall not be removed from office.
(7) A Judge of the Superior Court of Judicature shall be removed from office by the President-
(8) If the President is satisfied on a petition presented to him in that behalf, that the question of removing the Chief Justice ought to be investigated, then -
(9) Where the question of removing the Chief Justice from office has been referred to a tribunal under subsection (8), the President may by warrant under his hand suspend the Chief Justice from performing the functions of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Chief Justice shall not be removed from office.
(10) The Chief Justice shall be removed from office by the President-
138.(1) The salaries, allowances, gratuities and pensions of Judges of the Superior Court of Judicature shall be a charge upon the Consolidated Fund.
(2) A Judge of the Superior Court of Judicature shall on retiring from office as such Judge, be entitled to such gratuity and pension as may be determined by Parliament.
(3) The salary, allowances, privileges, right in respect of leave of absence, gratuity or pension and other conditions of service of a Judge of the Superior Court of Judicature shall not be varied to his disadvantage.
(4) A Judge of the Superior Court of Judicature shall not while he continues in office, hold any other office of profit or emolument, whether by way of allowances or otherwise, whether private or public, and either directly or indirectly.
139.A Judge of the Superior Court of Judicature shall, before assuming the functions of his office, take and subscribe before -
the Judicial Oath as set out in the Third Schedule to this Constitution.
140.(1) There shall be established a Judicial and Legal Service Commission which shall advise the Chief Justice in the performance of his administrative functions and perform such other functions as provided in this Constitution or by any other law, and which shall consist of-
(2) The Chief Justice shall, acting in accordance with the advice of the Judicial and Legal Service Commission and save as otherwise provided in this Constitution, be responsible for the effective and efficient administration of the Judiciary.
(3) The following provisions shall apply in relation to a member of the Judicial and Legal Service Commission who is appointed pursuant to paragraphs (d) and (f) of subsection (1)-
(4) A member of the Judicial and Legal Service Commission shall, before assuming the functions of his office, take and subscribe before the President the oath as set out in the Third Schedule to this Constitution.
141.(1) The power to appoint persons to hold or act in an office to which this section applies (including the power to make appointments on promotion and transfer from one office to another and to confirm appointments) and to dismiss and exercise disciplinary control over persons holding or acting in such office shall vest in the Judicial and Legal Service Commission;
Provided that the Commission may, with the approval of the President and subject to such conditions as it may think fit, delegate any of its powers under this section, by direction in writing, to any of its members, or to any Judge of the High Court, or to the holder of any office to which this section applies, or, in the case of a power relating to an office connected with the Court of Appeal or the Supreme Court, to any Justice of either of those Courts.
(2) This section applies to the offices of Administrator and Registrar-General, Registrar and Deputy Registrar of the Supreme Court, Registrar and Deputy Registrar of the Court of Appeal, Master and Registrar of the High Court, Deputy Master and Registrar of the High Court, any Registrar of the High Court, Deputy Administrator and Registrar-General, any Principal Magistrate, Senior Magistrate, Magistrate, Under Sheriff, First Parliamentary Counsel, Second Parliamentary Counsel, Principal State Counsel, Customary Law Officer, Senior State Counsel, Senior Parliamentary Counsel, Research Counsel, Parliamentary Counsel, State Counsel, Assistant Customary Law Officer and such other officers as may be prescribed by Parliament.
142.(1) The appointment of officers and servants of the Courts of Sierra Leone shall, subject to the provisions of section 141 of this Constitution, be made by the Chief Justice or such other Judge or officer of the Court as the Chief Justice may direct, acting in consultation with the Judicial and Legal Service Commission.
(2) The Judicial and Legal Service Commission may, acting in consultation with the Public Service Commission and with the prior approval of the President, make regulations by statutory instrument prescribing the terms and conditions of service of officers and other employees of the Courts and of the Judicial and the Legal Services established by this Constitution or any other law.
the Court shall stay the proceedings and refer the question to the Supreme Court for determination.
145.(1) There shall be established a Rules of Court Committee which shall consist of-
(2) Subject to the provisions of this Constitution the Rules of Court Committee may make Rules of Court for regulating the practice and procedure of all Courts in Sierra Leone, which shall include rules relating to the prevention of frivolous and vexatious proceedings.
146.(1) Subject to the provisions of this Constitution, Parliament shall, not later than twelve months from the commencement of this Constitution, or so soon thereafter as Parliament may determine, by an Act of Parliament establish the office of Ombudsman.
(2) The Act of Parliament shall define the functions and duties of the Ombudsman which shall include the investigation of any action taken or omitted to be taken by or on behalf of -
147. (1) Save as otherwise provided in subsection (2), the President shall, by Constitutional instrument, appoint a Commission of inquiry into any matter of public interest where-
(2) A Commission appointed pursuant to the provisions of subsection (1) may consist of a sole Commissioner or two or more persons one of whom shall be appointed the Chairman of the Commission.
(3) No person shall be appointed a sole Commissioner or the Chairman of a Commission of Inquiry pursuant to the provisions of this section unless-
(4) Subject to the provisions of subsection (3), where a Commission of Inquiry appointed pursuant to the provisions of subsection (1) consists of more than two Commissioners other than the Chairman, at least one of them shall be a person who possesses special qualifications or knowledge in respect of the matter forming the subject-matter of the investigation.
148. (1) A Commission of Inquiry shall have such powers, rights and privileges as are vested in the High Court of Justice or a Judge thereof at a trial in respect of-
149.(1) The Commission of Inquiry shall-
(2) The President shall, subject to the provisions of subsection (4), cause to be published the report of a Commission of Inquiry together with the White Paper thereon within six months of the date of the submission of the report by the Commission.
(3) Where the report of a Commission of Inquiry is not to be published, the President shall issue a statement to that effect, giving reasons with the report is not to be published.
(4) 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.
150.Subject to the provisions of this Chapter, the Rules of Court Committee shall, but Constitutional instrument, make rules regulating the practice and procedure of all Commissions of Inquiry.
151.(1) There shall be a Public Service Commission which shall consist of a Chairman, not less than two and not more than four other members.
(2) The members of the Public Service Commission shall be appointed by the President, subject to the approval of Parliament.
(3) A person shall not be qualified to hold the office of a member of the Public Service Commission if he is a Member of Parliament, a Minister or a Deputy Minister, or if he holds or is acting in any public office.
(6) A member of the Public Service Commission may be removed by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misconduct.
(7) Whenever the office of a member of the Public Service Commission is vacant or a member is for any reason unable to perform the functions of his office, the President may appoint a person who is qualified for appointment as a member of the Commission, and any person so appointed shall, subject to the provisions of paragraph (b) of subsection (5), continue to act until his appointment is revoked by the President.
(8) A member of the Public Service Commission shall, before assuming the functions of his office, take and subscribe before the President the oath as set out in Third Schedule to this Constitution.
152.(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or act in offices in the public service (including power to make appointments on promotion and to confirm appointments) and to dismiss and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission.
Provided that the power of transfer vested in the Public Service Commission under subsection (5) may be exercised in the case of persons holding any of the offices specified in this subsection where such persons express their consent in writing to such transfer.
(9) No member of the Public Service shall be-
(10) The Public Service Commission may, with the prior approval of the President, make regulations by constitutional instrument for the effective and efficient performance of its functions under this Constitution or any other law, and may, with such prior approval and subject to such conditions as it may think fit, delegate any of its powers under this section by directions in writing to any of its members or to any public officer.
(11) Save as is otherwise provided in this Constitution, the Public Service Commission shall not be subject to the control or direction of any other person or authority in the performance of its functions under this Constitution or any other law.
153. (1) The power to appoint persons to hold or act in the office to which this section applies (including the power to transfer from one office to another and to confirm appointments) and to remove persons so appointed from any such office shall vest in the President.
(2) The offices to which this section applies are the offices of Ambassadors, High Commissioners or other principal representatives of Sierra Leone abroad, the Commanders of the Armed Forces, and the Inspector-General of Police Provided that the appointment to these offices shall be subject to the approval of Parliament.
154. (1) The power to appoint persons to hold or act in any of the offices to which this section applies (including the power to make appointments on promotion and transfer from one office to another and to confirm appointments) and to remove persons so appointed from any such office shall vest in the President acting in consultation with the Public Service Commission.
155.(1) There shall be a Police Force of Sierra Leone, the Head of which shall be the Inspector-General of Police. (2) No person shall raise any police force except by or under the authority of an Act of Parliament.
(3) No member of the Police Force shall hold office as President, Vice-President, Minister or Deputy Minister, or be qualified for election as a Member of Parliament whilst he remains a member of the Police Force.
156.(1) There shall be established a Police Council which shall consist of-
157.(1) The Inspector-General shall be appointed by the President acting on the advice of the Police Council, subject to the approval of Parliament.
158.(1) The Police Council shall advise the President on all major matters of policy relating to internal security, including the role of the Police Force, Police budgeting and finance, administration and any other matter as the President shall require.
159. (1) Any person who is appointed or elected to, or otherwise selected for, any office established by this Constitution, including the office of Vice-President, Member of the Cabinet, Minister or Deputy Minister, may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected:
Provided that in the case of the Speaker of the Deputy Speaker his resignation from office shall be addressed to Parliament and in the case of a Member of Parliament his resignation from Parliament shall be addressed to the Speaker.
(2) The resignation of any person from any such office as referred to in subsection (1) shall take effect, where no date is specified, when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it.
160. (1) Subject to the provisions of this Constitution, where any person has vacated any office established by this Constitution he may, if qualified, again be appointed, elected, or otherwise selected to hold that office.
(2) Where by this Constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office.
161. (1) The law applicable to any benefits to which this section applies shall, in relation to any person who has been granted, or who is eligible for the grant of such benefits, be that in force on the relevant date or any later law that is not less favourable to that person.
(2) In this section "the relevant date" means-
(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws.
(4) Any benefits to which this section applies (not being a benefit that is a charge upon some other public fund of Sierra Leone) shall be a charge upon the Consolidated Fund or upon such other Special Fund, whether contributory or non-contributory, as Parliament may prescribe.
(5) This section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service.
(6) References to the law applicable to any benefits to which this section applies includes (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits.
(7) Notwithstanding any law or custom to the contrary, it shall be lawful for Parliament to enact that a personal shall not be entitled to a benefit under this section, unless he has contributed to a specified Fund created for the purpose.
162. (1) Where any benefits to which this section applies can be withheld, reduced in amount or suspended by any law, those benefits shall not be so withheld, reduced in amount or suspended-
(2) No benefits to which this section applies that have been granted to or in respect of any person who is or has been a Judge of the High Court, a Justice of Appeal or of the Supreme Court, or a former Judge of the Supreme Court or for which any such person or his widow, children, dependants or personal representatives may be eligible, shall be withheld, reduced in amount or suspended on the ground that that person has been guilty of misconduct or misbehaviour unless that person has been removed from judicial office by reason of such misconduct or misbehaviour.
(3) This section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service whether on a contributory or non-contributory basis.
163. (1) Any Commission or Council established by this Constitution may, with the consent of the President and subject to the provisions of subsection (2), by regulation or otherwise regulate its own procedure and, confer or delegate powers or impose duties on any authority of the Government for the purpose of discharge of its functions.
(2) At any meeting of any Commission or Council established by this Constitution a quorum shall be constituted if three members are present; and if a quorum is present the Commission or Council shall not be disqualified for the transaction of business by reason of any vacancy among its members and any proceedings of the Commission or Council shall be valid notwithstanding that some person who was not entitled to do so took part therein.
164. The question whether-
shall not be inquired into in any Court.
165.(1) There shall be the Armed Forces of Sierra Leone which shall consist of the Army, the Navy and the Air Force, and such other branches for which provision is made by Parliament.
168.(1) The President, acting on the advice of the Defence Council, shall appoint the Chief of Defence Staff of the Armed Forces.
(2) Subject to the provisions of this section and to the control or directives of the Defence Council, the Chief of Defence Staff and the Commanders of the Armed Forces shall be responsible for the operational control and the administration of the Armed Forces as a whole.
169.(1) The Defence Council shall advise the President on all major matters of policy relating to defence and strategy including the role of the Armed Forces, military budgeting and finance, administration and the promotion of officers above the rank of Lieutenant or its equivalent.
(2) The Defence Council may, with he prior approval of the President, make regulations for the performance of its functions under this Constitution or any other law, and for the effective and efficient administration of the Armed Forces.
(3) Regulations made pursuant to the provisions of subsection (2) shall include regulations in respect of-
170. (1) The laws of Sierra Leone shall comprise-
171. (1) in this Constitution unless a contrary intention appears-
"Chiefdom Council" means a Chiefdom Council constituted under the Chiefdom Councils Act; "Commission of Inquiry" includes a committee of inquiry;
"Constitutional instrument" means an instrument made under a power conferred in that behalf by this Constitution; "Court" means any court of law in Sierra Leone including a court martial; "law" includes-
"Local Court" means a Court established by or under the Local Courts Act, 1963;
"Oath" includes an affirmation;
"The President" means the President of the Republic;
Public Emergency" includes any period during which
"public office" includes an office the emoluments attaching to which are paid directly from the Consolidated Fund or directly out of moneys provided by Parliament;
"public officer" means a person holding or acting in a public office;
"public service" means, subject to the provisions of subsections (3) and (4), service of the Government of Sierra Leone in a civil capacity and includes such service in respect of the Government existing in Sierra Leone prior to the twenty-seventh day of April, 1961;
"Session" means the sittings of Parliament when it first meets after the commencement of this Constitution or after the prorogation or dissolution of Parliament at any time and ending when Parliament is prorogued or dissolved without having been prorogued;
"Sierra Leone" means the territory more particularly described in the First Schedule;
"Statutory Instrument" means any proclamation, regulation, order, rule or other instrument (not being an Act of Parliament) having the force of law;
"the Sierra Leone Police" means the Police Force established under the Police Act, 1964;
"sitting" means a period during which Parliament is sitting continuously without adjournment including any period during which Parliament is in committee.
Provided that-
Provided that nothing in this subsection shall apply to the power to issue a certificate conferred by paragraph (b) of subsection (6) of section 50 of this Constitution.
172.(1) Any reference in this Constitution to a law made before 27th April, 1961, shall, unless the context otherwise requires, be construed as a reference to that law as it had effect immediately before the coming into effect of this Constitution.
(2) Any reference in this Constitution to a law that amends or replaces any other law or any provision of any other law shall be construed as including a reference to a law that modifies, re-enacts, with or without amendment or modification, suspends, repeals, adds new provision, or makes different provisions in lieu of that other law or that provision.
(3) It is hereby declared that-
173.The provisions of any Consequential Provisions Act made under this Constitution and of any Act relating to citizenship shall not be amended, repealed, re-enacted or replaced unless the Bill incorporating such amendments, repeal, re-enactment or replacement is supported at the final vote thereupon by the votes of not less than two-thirds of the Members of Parliament.
176.In this Chapter, the expression "existing law" means any Act, rule, regulation, order or other such instrument made in pursuance of, or continuing in operation under, the existing Constitution and having effect as part of the laws of Sierra Leone or of any part thereof immediately before the commencement of this Constitution or any Act of the Parliament of the United Kingdom or Order of Her Majesty in Council so having effect and may be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution as if it had been made under this Constitution.
177.(1) The existing law shall, notwithstanding the repeal of the Constitution of Sierra Leone Act, 1978, have effect after the entry into force of this Constitution as if they had been made in pursuance of this Constitution and shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bringthem into conformity with this Constitution.
(2) Where any matter that fails to be prescribed or otherwise provided for under this Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section), or is otherwise prescribed or provided for immediately before the commencement of this Constitution by or under the existing Constitution, that prescription or provision shall, as from the commencement of this Constitution, have effect with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution as it had been made under this Constitution by Parliament or, as the case may require, by the other authority or person.
(3) Subject to the approval of Parliament, the President may, by order made after the commencement of this Constitution but before the first dissolution of Parliament under this Constitution, make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Constitution or otherwise for giving effect or enabling effect to be given to the provisions of this Constitution.
(4) The provisions of this section shall be without prejudice to any powers conferred by this Constitution or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.
178.(1) Where any office has been established by or under the existing Constitution or any existing law, and this Constitution establishes or provides for the establishment of a similar or an equivalent office including the office of President, Vice-President, Minister, Member of the Cabinet, Attorney-General and Minister of Justice, Deputy Minister or any person who, immediately before the commencement of this Constitution, holds or is acting in the former office shall, so far as is consistent with the provisions of this Constitution, be deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in the latter office in accordance with the provisions of this Constitution:
Provided that-
Provided that the period served after the commencement of this Constitution shall not count as a term or part of a term for the purposes of subsection (1) of section 46.
Constitution shall be deemed to have been appointed respectively Justices of the Supreme Court, Justices of the Court of Appeal and Judges of the High Court established by this Constitution.
179.The Parliament constituted by the existing Constitution (hereinafter referred to as "the existing Parliament") shall be deemed to be the Parliament at the commencement of this Constitution and the existing Members shall be deemed Members thereof and the said Parliament shall stand dissolved not later than twelve months after the commencement of this Constitution.
hold office in accordance with those provisions.
(2) Any matter that, immediately before the commencement of this Constitution, is pending before an existing public service authority shall, so far as is consistent with the provisions of this Constitution, be continued before the corresponding public service authority established by this Constitution, and any matter that, immediately before the commencement of this Constitution, is pending before a person or authority to whom power to deal with that matter has been delegated by an existing public service authority shall, so far as is consistent with the provisions of this Constitution, be continued before the person or authority to whom that power was delegated;
Provided that, where the hearing of a disciplinary proceeding has begun but has not been completed immediately before the commencement of this Constitution, the continued hearing shall not be held before any person unless the hearing that has already taken place was also held before him; and where, by virtue of this provision, the hearing cannot be continued it shall be recommenced.
(2) Except as provided by subsection (1) and subject to any provision to the contrary which may be made on or after the commencement of this Constitution by or under any law made by any legislature established for Sierra Leone, all courts having jurisdiction under the laws of Sierra Leone shall on and after that day have the same jurisdiction under the said Acts as they would have had if this Constitution had not been passed.
(3) The reference in subsection (1) to proceedings for the dissolution of a marriage includes references to proceedings for such a decree of presumption of death and dissolution of marriage as is authorised by section 1 of the Matrimonial Causes Act, 1950.
185.The Public Funds known as the Consolidated Fund and the Contingencies Fund established by the existing Constitution shall respectively continue in being as the Consolidated Fund and the Contingencies Fund established respectively by sections 111 and 116 of this Constitution.
186.Every payment required or authorised to be made out of a Public Fund under any law in force immediately before the commencement of this Constitution is hereby charged on that Fund.
187.The Public Seal, the seals of the High Court, the Court of Appeal and the Supreme Court, together with any duplicates thereof and any other official seal, as well as any prescribed forms in use under any law in force immediately before the commencement of this Constitution may be employed on and after that date by the corresponding authorities under any law in force at the said commencement and contained in the existing law.
188.The Sierra Leone Police Force established by the Police Act, 1964 and in being immediately before the commencement of this Constitution shall continue in being thereafter and be deemed to be the Police Force of the Republic of Sierra Leone and any law in force immediately before the commencement of this Constitution in relation to the said Police Force shall have effect accordingly.
189.The Republic of Sierra Leone Military Forces established by the Sierra Leone Military Forces Act, 1961 in being immediately before the commencement of this Constitution shall continue in being thereafter and be deemed to be the Military Forces of the Republic of Sierra Leone, and any law in force immediately before the commencement of this Constitution in relation to the said Military Forces shall have effect accordingly.
190.The Constitution of Sierra Leone, 1978 is hereby repealed in so far as it affects the laws of Sierra Leone: Provided that notwithstanding such repeal, all laws made by virtue of any authority therein contained shall remain in full force and effect to the same extent as if that Constitution had not been repealed.
191.The President may within a period of three years from the coming into force of this Constitution cause these provisions to be reprinted and published without the transitional provisions in this Constitution.
192.This Act shall come into operation on the 1st day of October, 1991, following the issuance of a certificate by the Speaker in the form set out in the Fourth Schedule that the provisions of section 55 or the existing Constitution have been complied with.
FIRST SCHEDULE TERRITORY OF SIERRA LEONE
The area in West Africa lying between the sixth and tenth degrees of north latitude and the tenth and fourteenth degrees of west longitude and bounded on the north by the boundary line delimited under the provisions of the Anglo-French Convention dated the twenty-eight day of June, 1882, the Anglo-French Agreement dated the twentyfirst day of January, 1895, and the notes exchanged between His Britannic Majesty's Principal Secretary of State for Foreign Affairs and the Ambassador of the French Republic, and dated the sixth day of July, 1911, and on the South by the Anglo-Liberian boundary line delimited under the provisions of the Anglo-Liberian Conventions dated the eleventh day of November, 1885 and the twenty-first day of January, 1911.
SECOND SCHEDULE PRESIDENT'S OATH
"I do hereby (in the name of God swear) (solemnly affirm) that I will at all times well and truly
discharge the duties of the office of the President of the Republic of Sierra Leone according to law, that I will preserve, support, uphold, maintain and defend the Constitution of the Republic of Sierra Leone as by law established, and that I will do right to all manner of people according to law, without fear or favour, affection or illwill. (So help me God.)"
THIRD SCHEDULE
Oath of the Vice-President, Ministers and Deputy Ministers, Attorney-General and Minister of Justice, Secretary to the President, Secretary to the Cabinet, Solicitor-General, Director of Public Prosecutions, Members of the Electoral Commission, the Speaker, Members of Parliament, Auditor-General, Members of the Public Service Commission, the Chief Justice and Judges of the Superior Court of Judicature, Members of the Judicial and Legal Service Commission, Members of the Police Council, Members of the Defence Council.
OATH OF THE SPEAKER
"I do hereby (in the name of God swear) (solemnly affirm) that I will bear true faith and
allegiance to the Republic of sierra Leone as by law established; that I will faithfully and conscientiously discharge my duties as Speaker of Parliament, and that I will do right to all manner of people in accordance with the Constitution of Sierra Leone and uphold the laws and customs of Parliament without fear or favour, affection or illwill. (So help me God.)"
OATH OF MEMBER OF PARLIAMENT
"I having been elected a Member of Parliament do hereby (in the name of God swear)
(solemnly affirm) that I will bear true faith and allegiance to the Republic of Sierra Leone as by law established, that I will uphold and defend the Constitution of Sierra Leone, and that I will faithfully and conscientiously discharge the duties of a Member of Parliament. (So help me God.)"
THE JUDICIAL OATH
"I do hereby (in the name of God swear) (solemnly affirm) that I will faithfully and truly discharge the duties of the office of and that I will support and uphold the Constitution of Sierra Leone as by law established, and that I will do right to all manner of people after the laws and usages of Sierra Leone without fear or favour, affection or ill-will. (So help me God.)"
FOURTH SCHEDULE DECLARATION OF COMPLIANCE
I William Niaka Stephen Conteh, Officer of the Order of the Republic of Sierra Leone, Speaker of the Parliament of Sierra Leone, do hereby certify that a Bill entitled "The Constitution of Sierra Leone, 1991" was first introduced by the Honourable Abdulai Osman Conteh, Officer of the Order of the Republic of Sierra Leone, Attorney-General and Minister of Justice of Sierra Leone in the Fifth Session of the Third Parliament of Sierra Leone on the 4th day of June, 1991, then passed the First Reading, the Second Reading and the Committee Stage (with certain amendments made thereto) and that on the 1st day of July, 1991 the said Honourable Abdulai Osman Conteh, Officer of the Order of the Republic of Sierra Leone, Attorney-General and Minister of Justice of Sierra Leone, reported to the House that the Bill entitled "The Constitution of Sierra Leone, 1991" passed the House with certain amendments.
I further certify that on the 3rd day of August 1991, the said bill entitled "The Constitution of Sierra Leone, 1991" in accordance with the provisions of sub-section (3) of Section 55 of the Constitution of Sierra Leone, 1978 (Act No.12 of 1978), has been submitted to and been approved at a Referendum conducted on the 23rd, 26th, 28th and 30th days of August, 1991 and been approved with the majority required under sub-section (4) of Section 55 of the Constitution of Sierra Leone, 1978.
I further certify that all the appropriate provisions of Section 55 of the Constitution of Sierra Leone, 1978 have been complied with and that the said Bill entitled "The Constitution of Sierra Leone, 1991" may therefore be submitted to His Excellency the President for his assent and signature.
Given under my hand this3rd day ofSeptember, 1991.
W.N.S. CONTEH
Speaker.
Passed in Parliament this 1st day of July, in the year of our Lord one thousand nine hundred and ninety-one.
M.T. BETTS-PRIDDY
Acting Clerk of Parliament.
THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill.
M.T. BETTS-PRIDDY
Acting Clerk of Parliament.
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