Unlike James Jonah, Christiana Thorpe and Mohamed N’fa Alie Conteh, Mohamed Kenewui Konneh is currently in a conundrum as he prepares to appear before the Election Investigation Committee (EIC).
Jonah conducted the 1996 election and later got a safe and happy retreat as he went back to the United Nations after serving Sierra Leone as a Finance Minister. Thorpe also oversaw the 2007 and 2012 elections and had a comfortable life after his retirement several years ago.
But, Konneh broke away from an age-old custom of Chief Electoral Commissioners taking a siesta after presidential and parliamentary elections. Instead of going to his hometown for a peaceful stay after the June-24 election, Konneh will have to face the EIC whose mandate is look into alleged irregularities which have threatened national peace and security.
The investigation, according to the Communique, centres on ECSL Boss as President Julius Maada Bio will not be there for questioning, and the people of Sierra Leone and the international community wanted to see that happen.
Bio, himself made it clear during his visit to the United States that Konneh took orders from no one as to the conduct of the June polls as he headed an independent entity. President Bio made the statement while responding to questions from students of his almametre, one of the universities in the US.
The President’s claim is supported by the constitutional provision which states that “in the exercise of any functions vested in it by this constitution, the Electoral Commission shall not be subject to the direction or control of any person or authority.”
As he prepares to face the investigators, Konneh is in a state of hysteria as the real data for the June -24, 2023 elections is yet to be published and virtually is not there unless a concocted one is brought forward.
However, with the presence of election experts in the committee, it would be difficult for Konneh to throw dust in their eyes. News reports showed that ECSL facilities were broken into three days ago and important data carted away, a move that ignited a heavy public backlash as the public see such move as the beginning of a sinister cover up.
The breakage will certainly be used as a defence by the election boss when he appears before EIC. According to a communique of 16th October, 2023, the EIC is a 21-member body with a three-way leadership.
Members of the ruling Sierra Leone People’s Party (SLPP), the main opposition, All People’s Congress (APC) and Development Partners will have equal votes. Resolution states that “…the President, in consultation with the APC party, will constitute a cross-party Committee on Electoral System and Management Reviews with a three-way leadership nominated by the Government of Sierra Leone, the APC and the Development Partners.” Once it has been launched by President Julius Maada Bio, the committee will get to the bottom of the alleged election fraud by looking into the electoral systems, structures and processes of the 2023 multi-tier elections.
The committee, according to the communique, will also be informed by previous elections with a particular focus of highlighting and addressing contentious issues of election and results management including collation, verification, authentication and publishing electoral data consistent with best practice to enhance the credibility of future elections.
The deliberations that led to the communique was presided over by members of the international community (Commonwealth, African Union and Economic Community Of West African States) with the Chief Minister representing government.
David Moinina Sengeh signed the peace document which appears to have implicated government especially the discontinuation of political trials, release of political prisoners and resettlement of all those driven out of their communities in what appears to be a spate of state-sponsored violence. The communique makes it clear in Resolution-4 stating that “the parties agree to release any person arrested, detained or imprisoned for alleged election and civil protest…discontinue politically motivated court cases against the APC and other parties and their supporters…and support the resettlement of political party supporters internally and externally displaced due to political intimidation, attacks and harassment to be informed by a list to be submitted by the APC and other parties…”
Although government has a big slice of their own in the allegations raised in the communique, Konneh will be a key victim of Resolution-3 which prescribes a thorough investigation into the election fraud.
The terms of reference are yet to be drawn, but the EIC investigation, come what may, will not stray from the controversial appointment of Mohamed Konneh, use of donor funds, printing of sub-standard and faceless voter ID cards, manipulation of election laws, failure to publish electoral data, voter verification and registration process and the fraudulent declaration of the incumbent candidate, President Julius Maada Bio.
Mohamed Konneh was appointed, in October, 2021, without much proper compliance with the law: leaders of political parties were not properly consulted and Konneh was a public officer heading the Financial Intelligence Unit as Director General.
The controversy on his appointment came up in an address delivered by Dr Samura Kamara on 14th June, 2023 at the New Brookfields Hotel in Freetown.
“Mr Konneh was imposed as head of the commission without due consultation with leaders of other political parties as stipulated by the 1991 Constitution of Sierra Leone. The President merely informed the leaders of opposition parties of his decision,” Kamara said in a ceremony attended by the press and members of the international community.
Konneh’s qualification to sit as Chief Electoral Commissioner was also contested. “According to section 32(4) of the 1991 Constitution, a person shall not be qualified for an appointment as a member of the Electoral Commission if he is not qualified to be elected as a member of parliament or the person should not be a public official (minister, deputy minister, member of parliament or public officer),” Kamara further stated.
In spite of the criticisms, Bio alongside senior SLPP officials strongly stood behind Konneh to see that Konneh conducts and supervises the election at all cost.
Among SLPP officials was the SLPP Chairman, Dr Prince Harding who said in a press briefing that Konneh would conduct the election with SLPP officials throwing their weight behind him, a move that raised a big cloud of suspicion that the SLPP was on to something.
As he is controversially appointed, Konneh faces embarrassing allegations of embezzling funds provided by the international community. Printing of Black-and-White voter ID cards out of US$11m provided by the European Union offers a clue to the corruption allegation, and questions about how Konneh utilised such a huge sum of money will come up and will be under obligation to answer them.
Will that not amount to corruption if he fails to show exactly how that money is spent? Konneh was also accused of manipulating the electoral laws in favour of the incumbent candidate amid tough condemnation by opposition political parties as well as analysts.
Four draconian legislations: the Public Elections, Proportional representation, Political Parties Regulation Commission and the Local Government Acts were passed in 2022, just a year to election. No gainsaying that these laws were in favour of the party in power.
The worst was the declaration of Bio winner of the elections when foreign and local election observers frown at the results. What will Konneh say when he appears before the committee?