By Fatima Kpaka
The Supreme Court of Sierra Leone has cleared the way for the hearing of consolidated cases challenging the passage of the Constitution of Sierra Leone (Amendment) Bill, 2025, after striking out an application by the State questioning the court’s jurisdiction to entertain the matter.
Chief Justice Komba Kamanda, who presided over the proceedings, ruled that the constitutional cases should proceed, dismissing the application that sought to halt the hearing and have the matter struck out.
The application, filed by the Law Officers’ Department on behalf of the Government, argued that the Supreme Court lacked jurisdiction to review parliamentary proceedings relating to the passage of the constitutional amendment bill. The State further contended that the court could not examine the validity of a proposed law before it had received presidential assent and that constitutional provisions protected parliamentary proceedings from judicial scrutiny.
However, the Supreme Court rejected the application, allowing the substantive constitutional issues raised by the challengers to move forward.
In delivering the ruling, Chief Justice Kamanda stated that the court would not entertain further interlocutory applications from counsel in the matter, emphasizing the need for an expeditious determination of what he described as a sensitive and nationally important case.
He noted that any additional issues raised by the parties would instead be considered during the hearing of the substantive matter.
The ruling represents a significant development in the legal battle surrounding the Constitution of Sierra Leone (Amendment) Bill, 2025, which seeks to introduce major changes to the country’s electoral framework ahead of the 2028 elections.
Among its key provisions, the bill proposes reducing the threshold for a presidential candidate to secure victory in the first round from 55 percent of valid votes to 50 percent plus one vote. It also seeks to alter aspects of the electoral system governing the election of Members of Parliament.
The legal challenge stems from Parliament’s handling of the bill on 10 August 2026, when it was declared passed following a walkout by Members of Parliament from the main opposition All People’s Congress (APC).
Opponents of the bill argue that the Constitution requires any amendment to receive the support of not less than two-thirds of all Members of Parliament. With Parliament comprising 149 members, challengers maintain that at least 100 affirmative votes were required for passage. They contend that the bill failed to secure the constitutionally required threshold, with reports indicating it received between 96 and 97 votes.
The Government had argued that decisions relating to parliamentary proceedings, including the Speaker’s rulings and voting procedures, fall outside the jurisdiction of the courts. It also maintained that the bill remains incomplete legislation because it has not yet been signed into law by President Julius Maada Bio.
Three separate actions challenging the bill were previously filed by opposition lawmakers, the APC and other citizens before being consolidated by the Supreme Court on 8 October 2026.
The court’s latest ruling means the consolidated case will now proceed to a substantive hearing, where the justices are expected to determine whether Parliament’s passage of the constitutional amendment bill complied with the requirements of the Constitution.
The outcome of the case is expected to have far-reaching implications for constitutional reform, parliamentary procedure and the legal framework governing future amendments to Sierra Leone’s Constitution.