By Basita Michael
Sierra Leone’s proposed 2025 Constitutional Amendment Bill places the Judiciary at the heart of presidential election disputes—but experts warn that speed may come at the cost of fairness and judicial independence.
What the Bill Seeks to Do
The Bill introduces sweeping changes to how election disputes are handled:
• Petitioners would have just 3 days to challenge the Electoral Commission’s declaration of no outright winner.
• The Chief Justice would be required to formally notify the Electoral Commissioner if no petition is filed.
• The Supreme Court would be mandated to hear and decide high-stakes election petitions in only 14 days.
• The Court would have the power to invalidate flawed elections and order fresh polls within 60 days.
While timely resolution of disputes is crucial, legal experts emphasize that speed cannot come at the expense of fairness or access to justice.
Major Concerns
Critics highlight several serious shortcomings in the Bill:
• Unrealistic deadlines: Three days is far too short for petitioners to gather evidence, verify results across districts, consult lawyers, and prepare legal filings. By comparison, Kenya allows 7 days, and Nigeria 21 days. The proposed timeline risks rendering the right to petition practically meaningless, particularly for opposition or independent candidates.
• Blurred separation of powers: Giving the Chief Justice the duty to formally notify the Electoral Commission risks creating a perception of judicial entanglement with the executive, undermining public confidence in the judiciary’s neutrality.
• Intense pressure on the Supreme Court: Requiring the Court to decide complex election disputes within 14 days, without additional resources or protections against political interference, increases the likelihood of rushed or compromised judgments.
Beyond these operational issues, the Bill expands judicial oversight without protecting the judiciary itself. Without clear constitutional safeguards—secure tenure, insulation from executive pressure, and adequate funding—judges could be exposed to intimidation or manipulation.
ILRAJ Recommendations
To strengthen democracy and protect judicial independence, the Institute for Legal Reform and Advocacy in Justice (ILRAJ) recommends:
• Extending the petition period to at least 7–10 days to allow sufficient time for evidence collection and legal preparation.
• Removing or limiting the Chief Justice’s notification duty, assigning it instead to the Court registry for purely administrative purposes.
• Strengthening judicial independence with explicit anti-interference provisions and dedicated resources for election-related cases.
Conclusion
A credible democracy requires a judiciary that is both empowered and protected. If Sierra Leone is to place the courts at the center of electoral dispute resolution, the 2025 Constitutional Amendment Bill must be revised to ensure fairness, independence, and public confidence in the electoral process.