In a significant ruling, the Supreme Court of Sierra Leone, led by Acting Chief Justice Hon. Justice Nicholas C. Browne-Marke, has affirmed the legality of Mr. Mohamed Konneh’s appointment as Chief Electoral Commissioner of the Electoral Commission of Sierra Leone (ECSL).
The court found no constitutional violations in his appointment.
Justice Browne-Marke emphasized the importance of interpreting the Constitution as a cohesive document, cautioning against selectively using provisions to support specific views.
This perspective was crucial in the court’s unanimous decision to dismiss the case brought by plaintiffs Patrick John and the People’s Movement for Democratic Change (PMDC), represented by Charles Francis Margai.
The plaintiffs had argued that Mr. Konneh’s appointment while he was the Director of the Financial Intelligence Unit (FIU) breached several constitutional sections, including sections 32, 75, 76, and 171 of the 1991 Constitution.
They also contended that the Electoral Commission failed to comply with sections 154 and 155 of Act No. 17 of 2022 by not allocating campaign dates to the PMDC presidential candidate, thereby hindering the party’s campaign efforts.
The court clarified that Mr. Konneh’s previous role did not disqualify him from being appointed as Chief Electoral Commissioner, noting that the resignation requirement applied only to members of Parliament, not to his former position as FIU Director.
Additionally, the plaintiffs sought the recusal of Chief Justice Edwards and Justice Ansumana Ivan Sesay, arguing that their involvement compromised the case’s impartiality. However, the court rejected these calls, affirming the legitimacy of their roles and actions under the Constitution.
Representing the defendants, lawyers B. E. Cummings, Dr. E. S. Abdulai, T. J. Mansaray, and A. B. Mansaray successfully argued for the dismissal of the case, citing procedural flaws and lack of substantive evidence.
Justice Browne-Marke underscored that the Attorney General and Minister of Justice were only included as defendants due to their advisory role to the government, further weakening the plaintiffs’ case.
This landmark decision reinforces the legal framework governing electoral appointments in Sierra Leone.
