𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐦𝐞𝐧𝐝𝐦𝐞𝐧𝐭 𝐁𝐢𝐥𝐥… 𝐒𝐩𝐞𝐚𝐤𝐞𝐫 𝐓𝐚𝐤𝐞𝐬 𝐁𝐨𝐥𝐝 𝐒𝐭𝐚𝐧𝐝

editorAugust 13, 20261 Mins read

𝐁𝐲 𝐍𝐚𝐨𝐦𝐢 𝐀. 𝐒𝐚𝐦𝐮𝐫𝐚.

The Speaker of the Sierra Leone Parliament, Rt. Hon. Segepoh Solomon Thomas, has sparked a vigorous national debate by asserting that his decisions are final, even as he sends the contentious Constitutional Amendment Bill to the Supreme Court.

The political showdown in Freetown followed a chaotic parliamentary session where the ruling Sierra Leone People’s Party (SLPP) passed the significant Constitution of Sierra Leone (Amendment) Act through a simple majority voice vote. This action prompted a complete walkout from the main opposition, the All People’s Congress (APC), who strongly challenged the voting process’s legality.

The APC argued that Section 108(2)(b) of the 1991 Constitution mandates any constitutional amendment to be approved by a two-thirds majority of all elected Members of Parliament. In contrast, the government contended that the provisions in question were “non-entrenched,” thereby allowing for a simple majority under Section 91(1).

Speaker Thomas ruled decisively in favor of the government, stating that the two-thirds majority requirement only applies to entrenched clauses. He confirmed that the bill was validly passed with the 97 members present.

In the wake of the bill’s contentious passage, Parliament released a bold declaration asserting: “The Speaker’s Ruling is final and cannot be interpreted or enquired into by any Court of Law.” This stance leans heavily on Section 94(2) of the 1991 Constitution, which protects parliamentary procedures from judicial scrutiny. It emphasizes that the conduct of votes within the chamber is a privilege that cannot be overturned by any court.

However, despite Parliament’s firm messaging to quarantine the judiciary, Speaker Thomas’s ruling contains a significant caveat. Acknowledging the public concern surrounding the law, he paused the finality of the debate, sending the core legal issue to the judiciary.

He stated: “However, since the question whether or not a non-entrenched Constitutional provision can be altered by recourse only to Section 91(1) of the Constitution of Sierra Leone, 1991, (Act No. 6 of 1991) is of grave public interest, I refer this question to the Supreme Court for an opinion to be referred to this House not later than three months today to guide future discussions on this matter. I so rule.”