By Ragan M. Conteh
Parliament approved the State of Emergency on 25th March 2020, which makes one year on the 25th March 2021.
Opposition Members of Parliament, during the approval of the State of Emergency, requested for emergency regulations but later expressed their dismay over its continued use without being approved by the State of Emergency Regulations as enshrined in the 1991 Constitution of Sierra Leone.
This provision explicitly defines and gives more powers to the Emergency proclaimed by President Julius Maada Bio one year ago.
The Parliament of Sierra Leone, especially the Opposition Members of Parliament, has informed Nightwatch that they are not pleased with the use of the SoE without Regulations. They have largely blamed it on the failure by the then Attorney General and Minister of Justice to table the Regulations in the Well of Parliament as agreed during the approval of the one year State of Emergency in the Well of Parliament.
The State of Emergency, according to the Constitution of Sierra Leone, expired after 90 days and after that 90 days period, the Government, through the Attorney General and Minister of Justice, will submit Regulations that will give another 90 days period to the Emergency.
At the approval of the State of Emergency on March 25th, 2020, the Opposition MPs categorically expressed grave fear over the misuse of the State of Emergency in the absence of the approved Regulations, citing the11:00pm curfew, face mask, social distance measures and inter district lockdown, among many other measures.
MPs informed that the “State of Emergency has no powers without Regulations” and that the failure by Government to submit the Emergency Regulations is a constitutional breach.
The MPs also revealed reports of the misuse of the Emergency in many parts of the country in recent times. Political opponents have been detained for obvious reasons, and people have been arrested for not using facemask, while many are embarrassed for noncompliance with the unapproved Regulations.
Making his submission, during the approval of the State of Emergency on 25th March 2020, the Member of Parliament representing Constituency 027, Kono District, Hon. Saa Francis Bhendu, revealed that they, as opposition, are very much concerned over the misuse of the State of Emergency because of the absence of Regulations.
Hon. Bhendu revealed that the State of Emergency is very important to help government to fight the Coronavirus, but the absence of Regulations, as the guiding principle during a State of Emergency, is the problem, which will adversely render the State of Emergency hopeless, if such Regulations are not approved by Parliamentarians.
The deputy Leader of the main Opposition All People’s Congress (APC), Hon. Ibrahim Ben Kargbo, in his statement, expressed concern over the misuse of the State of Emergency by the security forces. He added that reported cases of excessive use of force have reached their desks as opposition MPs.
Hon. Kargbo pointed out that extortion and other unusual activities have also been reported. This, according to him, is as a result of the failure by the Government, through the Attorney General and Minister of Justice, to table the Emergency Regulations for approval as enshrined in the 1991 Constitution.
During that debate, IB Kargbo also questioned the 12 months’ timeline of the State of Emergency as pronounced by the President. Parliament urged authorities, earlier, to prepare Regulations and make them available in the House for debate and approval, but no adhered to them.
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 denounced the State of Emergency proclaimed by President Julius Maada Bio, but the due procedures of the Constitution must be fallowed strictly and respected.
According to Dr. Yumkella, section 29 (10) of the 1991 Constitution says a State of Emergency will expire within 90 days; after that period Parliament will assess the Emergency and possibly extend it after that period.
“But such calls have not been adhered to,” Hon. Yumkella said.
Dr. Kandeh Yumkella was also concerned about the misuse of the State of Emergency on opposition parties, which he said is a legitimate concern. He disclosed that regulations are substance in the State of Emergency and, that through consultations with various leaders in Parliament, they gracefully approved the Emergency in support of all members across the aisle.
Another Opposition Leader in Parliament, Hon. Chernoh Maju Bah, also said declaring a State of Emergency is not like passing an ordinary law. He informed that the emergency should not be used to oppress or witch hunt political opponents.
The deputy Attorney General and Minister of Justice, Umaru Napoleon Koroma, also assured Members of Parliament, at the time that, the State of Emergency, proclaimed by President Bio, is only used to prevent COVID-19, adding that regulations will be formulated by Government for Parliamentary approval.
The Attorney General assured MPs, then, that nobody will use the emergency to score political points, but to curtail COVID-19 in the country.
Many MPs have expressed disappointment over the intentional failure by government, through the Attorney General and Minister of Justice, to prepare Emergency Regulations and table them in the Well of Parliament for approval.
Because of the apparent seizure of COVID-19 cases and the distribution of COVID-19 vaccines across the country, many MPs believe there is no need to renew any Emergency considering the negative impact created by the State of Emergency economically or otherwise.