Despite arguments that Mohamed Konneh will not answer questions about the June 24, 2023 elections, it is now clear that he will have nowhere to hide when the election investigators jet in.
Few days more, the experts will be in Sierra Leone to investigate alleged irregularities that resulted into a post-election stalemate that still affects the country in various ways.
The investigators will also look at previous elections beginning from 2007 to date as provided by a communiqué signed by the ruling Sierra Leone People’s Party (SLPP) and the main opposition, All People’s Congress (APC).
The signing led to the creation of the Tripartite Committee that should investigate the allegedly rigged polls and recommend to government, and any recommendation made is actionable and implementable.
Konneh, Chief Electoral Commissioner, heads the Electoral Commission for Sierra Leone (ECSL), a body mandated by law to conduct and supervise all public elections and referenda in the country.
The law also makes it clear that ECSL, in the exercise of such powers, is not subject to the direction and control of any person or authority.
ECSL’s autonomy was also hinted on by President Julius Maada Bio during his visit to one of the universities in the United States. “ECSL is an independent body,” he told his audience when confronted by some students about the election rigging in Sierra Leone.
Despite ECSL’s autonomy, the debate about Konneh’s appearance is becoming a heated one among the public with many saying that he is not obliged to face the Tripartite Committee which is never set up by law.
Unlike other tribunals formed by the use of constitutional instruments, the committee, according to public opinion comes into being out of mere agreement by political actors.
The argument was also strengthened by a strong SLPP politician, Dr Emmanuel Gaima who maintains that the ECSL boss will appear at the committee only out of “moral suasion” and not out of force as the body, he argues, lacks legal basis.
The argument also continues in legal and academic circles as well as men in the streets.
If SLPP’s argument about Konneh’s non-appearance at the committee succeeds, it will be a big slap on the faces of the international community and the people of Sierra Leone.
It is the same as saying that since APC fails to go to the court, they have accepted the election results as valid, and there is no way it can be overturned.
However, many Sierra Leoneans do not fall for such argument as electoral laws and policies show that Mohamed Konneh who wears the crown also bears the risks. According to the law, he should be held responsible for anything that goes wrong with the elections.
The election boss also established himself as a key candidate for the Tripartite Committee in the ongoing election probe owing to his actions and words before, during and after the elections.
Before the elections, Konneh’s acted in a rather bizzare way through his responses to tough questions about the fairness, freedom and credibility of the June elections. Such actions showed that he was highly protective of the incumbent party that appointed him not the will of the people of Sierra Leone who really possess power, legitimacy and authority.
He failed to implement the recommendations that emanated from the 2018 general elections through which Julius Maada Bio became President, a move that raised doubt about Konneh’s integrity in the handling of the June elections.
The issue became a big concern for the international community especially European Union by putting out a press statement questioning ECSL’s failure.
konneh’s response to EU’s allegations was one that was widely seen as a retort and backlash as he stated that “Sierra Leone is a sovereign state” although a huge chunk of elections fund came from EU and other development partners.
The sovereignty principle claimed by the ECSL boss showed that he would accept no suggestion about the conduct of the election let alone control from the international community.
He also responded likewise when he faced questions from the public about his failure to publish the voter register and genuine election results by stating that no one should control him.
Konneh was also responsible for the printing of faceless and sub-standard voter identity cards which became one of the most controversial issues in the elections.
The faceless cards also constituted one of the main issues that prompted the call for the resignation of the ECSL boss. Two weeks to elections, opposition leader, Dr Samura Kamara urged the five ECSL commissioners to step aside to ensure free, fair and credible elections.
The call was also resisted by Konneh on the grounds that he would not bow to the dictates of the opposition.
His resistance was emboldened by top SLPP politicians who insisted that Konneh should conduct the elections thus creating a situation that the two institutions are in deep connivance to rig the elections.
The foundation for rigging in the pre-election stage was laid bare by Konneh’s role in the manipulation of the electoral laws particularly the enactment of the Proportional Representation Regulations which changed the election mode.
Under such regulations, the normal constituency-based system was replaced by the Proportional Representation or District Block model of elections in such a way that SLPP could have more seats in parliament.
It was a short-cut route as people in the South-East regions refused to register and take part in the elections, a situation that was caused by frustration, disgruntlement and disappointment.
During the elections, the ECSL boss also allegedly played a significant role in the election rigging as seen in the late distribution of voter identity cards making it difficult for voters to vote. It is an old election rule that those without voter identity cards are not permitted to vote and that was what happened during the elections.
Many failed to cast their vote since they had no cards to legitimise their voting right.
The deployment of voting materials in opposition strongholds in the North-West regions of Sierra Leone also added to the rigging tactics employed by the elections chief as many showed up in queues at various polling centres without ECSL staff.
The situation led to voting outside the normal time and those without much patience went home after a long stay in the queue. The move was to disenfranchise thousands of voters so that the ruling party could be given an advantage over the main opposition.
It was also alleged that Mr Konneh was not transparent at every stage of the elections especially in the tally, tabulation and announcement of election results as APC representatives were not allowed to see critical stages of the electoral process.
It reached a point where one of APC’s lawyers, Ahmed Sesay who represented his party in the counting left the hall owing to the opacity that surrounded the process.
Although the results were widely condemned by local and international election observation missions, Mr Konneh announced the elections results in favour of the incumbent, Julius Maada Bio when it was clear that there was no winner in the elections.
According to National Elections Watch, no party got the 55% threshold provided by the national constitution, and that the elections ought to have gone for a second round so that an actual winner could be determined.
As the post-election stalemate deepened, the Election boss was bold enough to offer a certificate of victory to President Julius Maada making him real winner of the elections, but it was a move than angered the public.
For many Sierra Leoneans, ECSL boss’s unwavered loyalty to the PAOPA regime boils to the allegedly surreptitious manner of appointment.
At the time of his appointment, Konneh was head of the Financial Intelligence Unit in the Ministry of Finance, and such post disqualified him from holding the office of Chief Electoral Commissioner if neutrality is to be ensured throughout the election process.
Although many calls for the publication of the voter register and genuine election results have been made, ECSL boss still rebuffs such calls making him a person of interest for the Tripartite Committee.
Thus, the election probe will be incomplete if Mr Konneh fails to produce and tender the data and results to the election investigators.