Former Chairman of a local council in Sierra Leone has told this press that government’s termination of their mandate before time is illegal. Citing the Local Government Act, 2004, the chairman (name withheld) who spoke to this press the previous Sunday made it clear that his mandate should end on 30th May, 2023 and not March.
He went on to state that he held his first meeting in May, 2018 after his election in March and that, by law, his mandate must end at the end of May. While trying to explain the extent to which his political right has been muzzled, the former Chairman hit government hard for its ultravires.
“Government just continues to abuse people’s rights in everything they do. They do not go by the laws and principles of good governance,” he cried out. In spite of the illegality, the chairman has transferred his responsibilities to the Chief Administrator (CA). He informed this press that the zeal to go back for the chairmanship through the ballot box however remains alive and well.
He has declared his intention of running again for the post to his people. CAs are heads of dministration in local council, and for now, they will continue to act until until other chairmen are elected. Also, mayors including the Mayor of Freetown has temporally entrusted her responsibilities to the CA of the Freetown City Council.
In what appears a clear abuse of local authorities’ rights, government, a week ago, served local council authorities letters that ended their tenure of office. Many councillors say government has stepped out of their mandate by prematurely terminating their tenure of office. No government official, not even, the Public Relations Officer for the Local Government could be reached for their own side of the allegation.
However, the illegally removed local authorities exercise patience and restraint as they remain determined to go back for their positions through the ballot box. By its actions over the years, SLPP (Sierra Leone People’s Party) government seems not convenient with local councils in Sierra Leone. The current government has a small number of local councils compared to APC.
The ruling party has only six councils while the main opposition has nine to its credit. Recently, several moves were made by opposition politicians to remove party politics from local councils, but the public backlash forced government out of the deal. Many Sierra Leoneans have wondered why SLPP hardly respects legal procedures in the governance of the state, and in everything they do. The President, as guardian of the constitution, should strengthen it, and not look for loopholes to lord it over the people and opposition politicians.
Sierra Leoneans witnessed the blatant disregard for the law when 10 opposition parliamentarians were removed in April, 2019. The MPs’ removal clearly violated the Public Elections Act of 2012. The law in question states that where a petition against a parliamentarian holds, the court must order a re-run election. This was not the case in the APC matter. All SLPP’s successful petitioners in the 2018 elections were sworn in on the day the verdict was handed down by the court except Khadijatu Davies who was lucky enough for a re-run.
It was also here in Sierra Leone that the ruling party illegally suspended the Auditor-General, Lara Taylor Pearce, a move that nakedly violated a major provision in the constitution of Sierra Leone. The constitution says in section 137 that the procedures for removing a judge of the superior court of judicature is the same with that of removing the Auditor-General. According to the provision, a tribunal for investigating the Auditor-General for any breach of professional standards must precede the suspension, but SLPP government embarked on the reverse.
Lara was suspended first before the tribunal was set up. It remains unclear whether the investigative body has completed its work. Almost invariably, about a year ago, SLPP government also, a year ago, illegally removed the Electoral Commissioner for the Western Area, Miatta French. For many Sierra Leoneans, the removal is unjustifiable as government provided no reason. Many Sierra Leoneans are still trying to figure out what crime the Electoral Commissioner committed.
Even officials with fixed tenure were not spared. Former Anti-Corruption Commissioner, Ady Macauley succumbed to similar fate in early 2018. Mr Macauley was removed from his office immediately President Bio took over state governance. Government hardened itself against all calls to respect Macauley’s tenure of office. Without any hesitation, Government however retained the new appointee, Francis Ben Kaifala.
The list of top government officials removed from office without going through due procedure is in exhaustive. SLPP’s disregard for legal procedures does not stop only at the removal of top government officials, but even in setting up institutions especially manipulated to go after former government officials. Sierra Leoneans saw how government violated legal steps in the setting up of the Justice Biobele commissions of inquiry which investigated and recommended adverse findings against the Ernest Bai Koroma administration about its handling of state finances and resources.
The Constitution provides in section 150 that rules of procedures should be formulated by the Rules of Court Committee to regulate the practice and procedure of commissions of inquiry. From the start, SLPP bull-dozed its way through, and it continues to have its way by use of force in the exercise of state power. The premature termination of local government authorities is the latest in a stream of violation of rules and rights of Sierra Leoneans.