In a decisive ruling yesterday, Justice Alhaji Momoh Jah Steven declared that no election would be held to fill the vacant position of Chairperson for the Kenema District Council.
This decision followed a legal dispute between the Electoral Commission of Sierra Leone (ECSL) and the Office of the Attorney General, stemming from the death of the council’s former chairman, Mohamed Amadu Sesay, on August 6, 2024.
The court’s ruling means that the current Deputy Chairperson will automatically assume the role of Chairperson, bypassing the need for a by-election. This decision was made despite differing legal interpretations of the Local Government Act of 2022.
Solicitor General Robert Kowa, representing the government, argued that the law clearly allows the Deputy Chairperson to step into the role. He pointed to Section 15 of the Local Government Act of 2022, which states that the Deputy should take over in the event of a vacancy, particularly as both the chairman and deputy were elected jointly.
Kowa highlighted that, unlike the previous Local Government Act of 2004, the current legislation makes no provision for by-elections. He suggested this omission was intentional, and that the Attorney General’s interpretation of the law, while not binding, is highly respected.
On the other hand, ECSL’s defense counsel, Emmanuel Saffa Abdulai, insisted that a by-election is required under Sections 9 and 10 of the Local Government Act.
He emphasized the importance of upholding the constitutional right of citizens to elect their leaders, arguing that automatic succession by the Deputy Chairperson would undermine democratic principles.
After reviewing the arguments, Justice Stevens sided with the state, confirming that no election would be held and that the Deputy Chairperson would assume the leadership role of the Kenema District Council.
