By Ragan M. Conteh
Members of Parliament, from both sides of the aisle, have vehemently expressed dismay over the threat posed by Section 77K, in the 1991 Constitution of Sierra Leone, against Parliamentarians.
Some Members of Parliament have expressed grave concern over a section in the country’s constitution that prioritizes interests of political parties. According to them, both the ruling SLPP and APC appear to put the country’s interest over their political interest. But does 77K not breach the idea of putting the country’s interest first? They asked.
Section 77, in the 1991 Constitution, says a Member of Parliament shall vacate his seat in Parliament: (K) “If he ceases to be a member of the political party of which he was a member at the time of his election to Parliament. And he must so inform the Speaker, or the Speaker is so informed by the Leader of that political Party.”
Recently, according to some MPs, they have received threatening remarks from politicians. Their Members of Parliament have been threatened by the 77K clause in the Constitution. That is, if they refused to abide by the dictates of their political parties, including such an MP speaking truth in Parliament.
“Why should the Sierra Leone 1991 Constitution have such an archaic law, which serves as check on genuine opinion of a Parliamentarian who would want to kick against the partisan viewpoints of his political party and stand for the truth?” the concerned MPs wondered.
Some say, if Sierra Leone should move forward with modern day democracy, Section 77K and other anti-democratic laws, in the 1991 Constitution, should be removed from the Constitution.
Many have reiterated that patriotism is one of the fundamental duties of every citizen in a country irrespective of the class of citizenship he holds. When one owes allegiance to a country, he is expected, at all cost, to be putting the country’s interest in topmost priority, including Members of Parliament who are pivotal to development.
Most of the MPs have faced embarrassment, from their constituents, for not speaking the truth in Parliament, as a result of the threat associated with section 77K of the 1991 Constitution.
The former vice President, Chief Samuel Sam Sumana, faced similar inconveniencies, of section 77K in the 1991 Constitution, when he was removed as vice President.
It could be recalled that the Parliament of Sierra Leone have recently instituted disciplinary action against Hon. Ibrahim Tawa Conteh, representing Constituency 132, and Hon. Hindolo Moio Ngevao for what they referred to as trumpeting unverified corruption allegations against Parliament and the leadership in Parliament.
Hon. Ibrahim Tawa Conteh and Hon. Hindolo Mio Ngevao were both suspended and are currently facing the Privileges and Ethics investigations on the allegations being levied by them against Parliament and the leadership of the House of Parliament. It is also not clear whether the two MPs will be safe from the draconian 77K clause in our law book.
Dozens of MPs and other authorities have called on authorities, especially Parliament, to repeal Section 77K of the national Constitution as this will give free hands to MPs to say their opinions on national issues.