Despite the Speaker’s promises of a rigid legislature, Sierra Leone’s parliament is fastly relegating to a rubber stamp. It is a common phenomenon in Africa including Sierra Leone for parliament to play second fiddle to the executive arm of government.
Parliament has come lately under fire for its failure to pose critical questions about the pronouncement of a new curfew. Arguments from centres of law and civil activism indicate that the executive has no legal right to proclaim curfews since Sierra Leone is no longer under a state of public emergency.
Arguments from the public hold that before President could pronounce a state of public emergency, he is under a legal obligation to seek parliamentary endorsement for the renewal of the emergency. Since parliament could not check presidential powers, the curfew remains in force. It commenced yesterday.
The proclamation of the new curfew and the silence of parliament is just another instance for which parliament could be castigated. In April, 2020 Sierra Leone was under a state of emergency for a year without rules.
Section 29 of the Constitution of Sierra Leone, 1991 confers powers on a President to proclaim an emergency when the life of Sierra Leone is under threat either by war or national disaster.
In subsequent subsections, the executive is obliged to enact rules which must be in the form of a constitutional instrument to regulate the enforcement of the emergency. Throughout the emergency period, no rule was laid before parliament for enactment.
It is therefore safe to say the emergency was enforced without rules endorsed by parliament. Former Attorney-General, Dr Priscilia Schwartz failed Sierra Leone by her failure to present the rules to parliamentarians. The successor treads on the path of the predecessor. Anthony Brewah who became Attorney-General following the dismissal of Swartz never presented any rule.
It is also true that the people especially men in the streets feel the pinch when emergencies are pronounced without rules. Lockdowns and curfews hallmarked the first state of emergency proclaimed in April the previous year.
It was during lockdowns that members of the public were subjected to inhumane treatment by forces of law and order. A teacher and activist at Calaba Town in Freetown, Yusif Bangura narrated a sad account of how residents in Calaba Town community were maltreated by security forces.
“In the three days lockdown, people were forced by police and army personnel to lie on the ground and watch the sun for allegations of breaching the lockdown,” he said.
Bangura went on to state that even women who went out for food and water were targeted. “The police and army were clueless about whether it is a welfare state or not,” he said.
He compared the situation to other countries where people’s welfare is considered during lockdowns. “You cannot talk of obedience to laws in a situation where the people’s livelihoods are under threat,” he argued.
Even after lockdowns, Bangura went on, the people’s rights continue to be at stake. He was frank to say three military personnel were spotted torturing a civilian who, they said, failed to mask up while in a garage on a road side.
“The poor boy was asked to carry a cement block on his head while he was beaten by soldiers,” he said.
“Responsibility to enforce wearing of a facemask falls outside military responsibility,” Bangura argues adding “that the absence of rules was the problem.” Apart from Bangura’s accounts, the media, both conventional and social, are saturated with complaints of human rights abuses in the emergency period.
The people complain of several instances in which they have beaten up in their houses by security operatives. Video clips of torture and inhuman treatment were viral especially on social media platforms.
After the lockdown, Bangura went on, no investigation was conducted by Sierra Leone Police and Republic of Sierra Leone Armed Forces high commands.
Parliament too failed in its basic responsibility. Army and police chiefs were supposed to appear before parliament to justify their operations in a state of emergency especially abuse of human rights.
“The Chief of Defence Staff and the Inspector-General of Police should be held accountable for their actions of their subordinates,” Bangura argued.
Culture of impunity is deeply ingrained in public officials of Sierra Leone as institutions of accountability particularly parliament is accused of failing to act. Failings of parliament to check excesses of the executive arm do not showcase only during emergencies but normal times.
A political observer has said when ministers appear before parliament to defend a government policy or activity, he does so with ease. Sometimes, he went on, ministers act contemptuously towards parliament and do away with it.
He cited the behaviour of the Minister of Information and Communication as a bright example. He also states that when ministers appear before parliamentarians, it resembles a lecture.
“When a Minister with a doctorate degree in a particular field appears before members of parliament with Higher Teachers’ Certificate and first degrees, he goes there to lecture them,” he said.
“Our parliamentarians are not in the moulds of those in the UK, the US and other liberal democracies,” he said. In those parliaments, presidents, prime ministers and ministers could be summoned before the house and find it difficult to have a smooth ride.
He cited the case of former British Prime Minister, Tony Blair to clarify his point.
Mr Blair, he went on, appeared before House of Lords, the Upper House of British Parliament to explain security lapses that brought about terrorist attacks in London few years back.
The allegation Blair had to defend was that his involvement of US-led invasion of Iraq invited the terrorist attacks in London.
Blair argued that terrorism is hallmarked by indiscriminate violence and killings. He argued that the terrorists have no regard for human life including their own. Despite the cogency and strength of Blair’s argument, he found it difficult to convince the House.
“Blair’s rule in England was cut short owing to the terror,” he said.
The political observer also mentioned past US presidents who had it hot with the legislature. Bill Clinton during Monica Lewinsky’s case, Donald Trump in the cyber interference with the elections among others were cited as shining examples of strong parliament.
He went to state that in such parliaments, ministers and government officials sweat profusely to defend their policies.
According to the political observer, the strength of parliament boils down to academic standing and understanding governance intricacies. In countries with advanced democracies like the UK, he went, on the Upper House of Parliament are renowned academic elites and versed in matters of governance.
In such situations, the people are safe, because it is difficult for the executive to exceed their powers. Sierra Leone, he says, is the reverse.