By Ragan M. Conteh
The press release from the Office of the Clerk of Parliament, on the postponement of Parliamentary sittings, has been described by many opposition Members of Parliament as a ploy to undermine the Constitution of Sierra Leone as well as the effectiveness of the State of Emergency proclaimed by President Julius Maada Bio.
The opposition MPs, on Thursday, 25th March, 2020, expressed grave fear over the misuse of the State of Emergency by the security forces, especially the police.
The MP representing Constituency 027, Kono District, Hon Saa Francis Bhendu, stated that they, in the opposition, are very much concerned over the possible misuse of the State of Emergency by state functionaries or security apparatus.
Hon. Bhendu furthered that Parliament resolved to approve regulations in the Well of Parliament that give powers to State of Emergency as enshrined by the 1991 Constitution of Sierra Leone.
Section 29 (10) of the Constitution stipulates that without regulations, the State of Emergency is powerless and that postponement of the Parliament sittings until further notice sends signals that the State of Emergency could be misused by state functionaries to suit their comfort.
The Leader of the National Grand Coalition (NGC), Hon. Kandeh Yumkella, who moved the motion for the Government to present the State of Emergency regulations within 14 days, stated that no Member of Parliament denounces the State of Emergency proclaimed by President Bio, but there must be regulations that will guide government to be able to tackle COVID-19 without hindrance.
According to Dr. Yumkella, Section 29 (10) of the 1991 Constitution stipulates that State of Emergency shall expire within 90 days after the expiration of regulations.
Dr. Kandeh Yumkella said the concerns raised by opposition parties on the possible misuse of the State of Emergency were legitimate concerns, adding that regulations are substance in the State of Emergency and that through consultations with various leaders across the board, irrespective of the mixed-feeling, the State of Emergency proclaimed by the President was gracefully passed in Parliament.
The All People’s Congress (APC) Leader in Parliament, Hon. Chernoh Maju Bah, stated that there is a lot of misinformation from members of the public about the pronouncement of State of Emergency.
Hon. Bah furthered that declaring State of Emergency is not like passing an ordinary law, citing that emergency should not be used to oppress or witch hunt political opponents.
MP Bah appealed to the authority to talk to both the police and military not to misuse the State of Emergency by intimidating members of either the opposition or public to score political gains.
The Office of the Clerk of Parliament has announced, for the information of the Honourable Members of Parliament and the general public that, due to the coincidence of the last adjourned date of Tuesday 07th April 2020, with the final day of the three-day national lockdown, relative to the prevention of a further spread and containment of confirmed cases of COVID-19 in the country, the Parliament of Sierra Leone has put on hold sittings until further notice.
According to the release, the postponement is to give sufficient time to MPs to continue to take leadership and voluntary sensitization to their constituents about the dangers of COVID-19.
Making his comment, the Hon. Speaker of Parliament, Dr. Abass Bundu, stated that he would respectfully recommend to all MPs to read very carefully the provisions in paragraphs 9, 10 and 11 of Section 29 of the Constitution, more particularly the provisions in paragraph 10.
That Regulatory regimes adopted to give efficacy to a SoE under Section 29 of the Constitution are separate, distinct and uniquely different in substance and effect from the regulatory regimes envisaged and adopted in normal times under Section 170(7) of the Constitution.
That Regulations adopted under Section 29 enjoy a validity period of 90 days without the necessity for prior approval or ratification by Parliament. The extension of validity beyond 90 days would however require the approval of Parliament.
That, no Resolution of Parliament that doesn’t sit well with the expressed provisions of the Constitution can prevail over the Constitution.
That, notwithstanding his comments under (3) above, “I consider it highly desirable and advisable in the public interest and for the harmony of deliberations in Parliament, especially when the nation is under existential threat from the COVID-19 pandemic, that Parliament be kept in the loop at all times by at least the respective party leaderships being kept informed by means of regular consultations before such Regulations take effect.”
“The above represents my considered opinion for facilitating and ensuring the smooth conduct and administration of Parliament,” he concluded.