Freetown, SIERRA LEONE – The Office of the Attorney General and Minister of Justice is currently locked in a legal dispute with the Electoral Commission for Sierra Leone (ECSL) regarding the vacant position of Kenema District Council (KDC) Chairman. This vacancy arose following the death of the incumbent chairman, Mohamed Amadu Sesay, on August 6, 2024.
During the proceedings before Justice Momoh Jah Stevens, Solicitor General Robert Kowa presented the government’s case, stating that they had received the opposition’s affidavit from ECSL. He explained that the Minister of Local Government and Community Affairs was notified of the chairman’s death in a letter dated August 15, 2024, and sought legal advice from the Attorney General regarding how to address the vacancy.
Kowa stated that the Attorney General provided a legal opinion on August 19, 2024, outlining the procedure for filling the vacancy, particularly given the absence of explicit provisions in the Local Government Act of 2022 on how to handle such situations. He emphasized that the lack of clear guidance necessitated the interpretation of existing laws.
A key element of Kowa’s argument was based on Section 15 of the Local Government Act of 2022, which he said provides that when the office of the District Council Chairman becomes vacant, the deputy should assume the position. He argued that both the chairman and deputy were elected jointly by the people, and therefore, the deputy should automatically step into the role, eliminating the need for a by-election.
Kowa further stressed that while the Attorney General’s legal opinion is not legally binding, it is an authoritative interpretation. He argued that the absence of the chairman due to death leaves the office vacant, and Section 15(3) of the Local Government Act clearly mandates that the deputy must take over the chairman’s duties in such cases.
He pointed out that the previous Local Government Act of 2004, which was repealed, had explicitly provided for by-elections to fill the chairman’s seat, but this provision was omitted in the 2022 Act. Kowa urged the court to avoid interpreting the law in a way that would create inconsistencies or absurdities, arguing that Parliament’s omission of a by-election provision was intentional.
On the other hand, ECSL’s lead defense counsel, Emmanuel Saffa Abdulai, contended that the law mandates a by-election to fill the vacancy. He pointed to Sections 9 and 10 of the Local Government Act, which deal with vacancies and the process for replacing council members, including the chairman. Abdulai argued that the death of the chairman triggers the same process as a vacancy for any other councillor, which requires a by-election within 90 days.
He also emphasized the constitutional right of citizens to elect their chairman, citing Section 31 of the Sierra Leone Constitution. Abdulai argued that the deputy should not automatically assume the role of chairman, as the people should have the opportunity to elect their leader through a democratic process.
The court has adjourned the matter for a ruling.
Awoko
