Press Secretary at State House has condemned a press release from the main opposition, All People’s Congress (APC) as “erroneous” and “factually incorrect.”
The APC press release frowns at the appointment of former Director of Financial Intelligence Unit (FIU), Mohamed Konneh as Chief Electoral Commissioner (CEC).
The APC press release indicates that the name of Mohamed Konneh is not on the list and that he heads FIU as director noting that he is unqualified for appointment on such grounds.
Mr Sandi does not agree with the APC claims in the Press release noting that there is no elections date and the nominee; Mr Konneh is not going to contest an election.
Clarifying further on the APC Press Release, Mr Sandi told Nighwatch that assuming there is an elections scheduled to take place in August next year, the CEC designate is supposed to resign from his post as FIU director 1st August this year.
“Mr Konneh is qualified for the appointment as it has nothing to do with an election,” Mr Sandi emphasised.
The State House Press Secretary was responding to one of APC’s key contentions in the press release which has bearing on section 76 (1) (b) of the constitution of Sierra Leone 1991.
The constitutional provision disqualifies any person for election to parliament if he has not resigned his position within twelve months prior to the date on which he seeks to be elected to parliament.
Section 76 is cited in the APC press release owing to a condition precedent in section 32 of the same law which says no person shall be qualified for appointment as a member of the electoral commission if he is not qualified to be elected as a member of parliament.
The Press Secretary also cleared doubt on the APC’s stance on the consultation of leaders of registered political parties by explaining how the process was carried out by President Julius Maada Bio.
Mr Sandi told Nighwatch that the President started the consultation process first by informing former President Ernest Koroma about the intended appointment of the former FIU Director as CEC.
The former President, Mr Sandi said, advised President Maada Bio to furnish the APC Secretariat with the Curriculum Vitae (CV) of Mohamed Konneh for necessary clarifications.
Konneh’s CV, the Press Secretary went on, was sent to the APC Secretariat on the 13th July this year.
“The CV of Mohamed Konneh contains an email and other contact to ease clarification by the APC on any fact,” he said.
On 16th of the same Month, Mr Sandi said, State House met with the leadership of All Political Parties Association (APPA) as a way of satisfying the constitutional requirement of consulting with all registered political parties in the country.
He said the Chairman for the People’s Democratic Party, Prince Coker who spoke on behalf of APPA commended the President for the courtesy and respect offered them.
It was after the meeting, the Press Secretary, went on that Mohamed Konneh was appointed on 16th July this year.
He said the appointment compelled the APC to raise concerns about its legality in a press release dated 16th July, 2020.
“Why did the APC fail to fail to raise concerns the next day after they receive the CV on 13th July,” the press secretary inquired.
Mr Sandi made reference to the appointment of the former Electoral Commissioner, North N’fa Alie Conteh in 2009 at a time he was Director of Operations at the National Electoral Commission.
He said N’fa Alie held simultaneously held the two posts as he did not resign from the earlier one when he secured parliamentary approval.
“He did not resign from the post of Director of Operations in the National Electoral Commission not until 19th May of 2009. That means, N’fa Alie was carrying two positions at the same time,” Mr Sandi emphasised.
“If APC believes in the section they are quoting now, why do they fail to ensure that N’fa Alie resigns from his post before taking another appointment. APC does not have substantial grounds to criticise the appointment.” he stressed.
The State House Press Secretary accused the APC to have done the “worst” in the past noting that “they have no basis to oppose the appointment.”
The Constitution, Mr Sandi continues, does not say the President should appoint the CEC subject to the approval of a political party, but in consultation with them.
“If APC disagrees during the process of consultation, the President can still go ahead and appoint,” he said.
In further clarification, the Press Secretary, cited section 53 (3) of the constitution which, he says, bars a court of law to look into whether the President has acted into an advice offered him in respect of any appointment.
The section says: “Where by this constitution or under any other law, the President is required to act in accordance with the advice of any person or authority, the question whether he has acted in any case received or acted in accordance with such advice shall not be enquired into any court.”
However, the APC Secretary-General, Foday Osman Yanssaneh does not agree with the State House Press Secretary although he confirmed receiving the CV of the CEC designate on the aforementioned date.
Mr Yanssaneh said he replied State house on the 14th July, being after a day he received Mr Konneh’s credentials.
“The APC leadership was waiting to meet with the President at State House when Mr Mohamed Konneh was appointed,” he said.
When asked whether APC was represented at APPA during consultation by State House, the APC scribe answered in the negative.
“State House met with only few men and consulted with them,” he said.