In a rather momentous move with elections just about 6 months away, the former Anthony General, once Anti-corruption Czar and APC strongman of Sierra Leone, Joseph Fitzgerald Kamara esq, has just filed in petition to the supreme court to nullify and render void, the directives of the president to the ECSL for the use of the PR system in the upcoming 2023 parliamentary elections while there are existing and subsisting constituencies.Mr. Fitzgerald delineates inconsistencies with section 38A of the constitutional Amendment Act no 15. of 2001.
The argument put forward by JFK is that the PR system was an adjunct and circumstantial not a standalone provision in law that can be relied upon for use at convenience in a settled political and democratic health state of the country. He mentioned it was a contingency plan by the then Kabba Led SLPP government when there were no formed constituencies and so cannot be used as a regular alternative format for public or parliamentary elections even when it is woven in the 2001 amendment now relied upon in section 38A of the recent amendment.
The tenure of the late president Ahmed Tejan Kabba was marred with several political upheavals. Rebel war, coup de tar and the disbandment of the military for fear of infiltration and splits. The country was at war and formed constituencies were absent. Census was not forth coming and it was dangerous for any enumerator to dare anything thing like data with fear of loosing lives. The constitutional amendment was in that light many opined. The conditions were set to serve the purpose. There is a changed perspective now the APC strong man affirms. Therefore, the derivative of that condition cannot be used in place of the former condition says Fitzgerald Kamara.
The former Anthony general fiercely contends, the ECSL do not have the legal power to dictate the form and mode of elections. Pointing to section 68 of the Public Elections Act of 2022, the former Anthony General and Minister of Justice mentioned it “is clear as to what constitute the conduct of election. To change the format or mode of elections is a matter of primary legislation, reserved for the legislature and not the subject of a statutory instrument”.
On this premise, the supreme court has be served with and Originating Notice of Motion to declare the PR system Null and Void on behalf of their client with barrage of lawyers in counsel.
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