The question, who stole the people’s mandate is currently the most frequently asked as the Election Investigation committee (EIC) starts its work.
Terms of reference signed last week requires EIC to look into the structures, systems and policies of the Electoral Commission for Sierra Leone (ECSL) to know whether the elections reflect the will of the people.
But, Many Sierra Leoneans are yet to agree on who should be held responsible about the election rigging.
After the June, 2023 polls, the international community (US, UK, EU, AU, Commonwealth, ECOWAS) accused government of stealing the votes which, they said, had be investigated.
A big cloud of suspicion however hangs over President Julius Maada Bio or Chief Electoral Commissioner, Mohamed Kenewui Konneh, but debates over their culpability still continues.
Names of the two personalities showed up owing to the significant roles they played during the electoral process that led to the declaration of the incumbent, Julius Maada Bio winner of the polls contrary to figures held by local and international election observers.
According to Sierra Leone’s electoral laws and policies, Bio and Konneh wear the crown, but Konneh bears more responsibility regarding election matters than Bio regardless of status.
Bio’s incumbency matters less in the probe since he is a shadow President during the elections.
Owing to the shadow presidency, he is influential and not powerful as he does not exercise real powers; he exists there only to prevent a vacancy in the Office of the President, and Konneh is not under obligation to take directives from the President.
His actions should be in accordance with laws and policies of the state as shown by the Constitution of Sierra Leone, 1991, the Public Elections Act, 2022, the Local Government Act, 2022, the Political Parties Regulation Commission and the Proportional Representation Regulations, 2022.
The 1991 Constitution establishes the Electoral Commission for Sierra Leone (ECSL) as an independent entity in the conduct of the elections.
The CEC however decided to drive roughshod on the electoral laws and policies apparently in favour of the ruling Sierra Leone People’s Party (SLPP) with many saying he was card-carrying member of the party.
The foundation for stealing the votes was not laid within a day but a product of long-term planning by the Election chief.
Sierra Leoneans saw first-hand how he took on the EU when he was questioned about ECSL’s integrity, preparedness and readiness in the conduct of 2023 election owing to the lack of neutrality showcased by their actions towards opposition politicians.
Concerns raised by the EU related to all election management bodies ( ECSL, Sierra Leone Police, Political Parties Regulation Commission and the judiciary), but Mr Konneh responded that Sierra Leone was a sovereign state, and ECSL is not subject to a foreign power. He also made similar response when questioned about the implementation of the recommendations that emanated from the 2018 election.
Despite claims of sovereignty, Konneh received much of the funds needed to fund the elections from the international community particularly the EU.
The political situation became tense when Konneh turned a blind eye to legitimate concerns irregularities ahead of the polls.
Printing of sub-standard and faceless voter identity cards, non-publication of electoral register and tampering of the electoral laws in favour of the incumbent, Julius Maada Bio were few among issues but Konneh failed to respond to them.
Konneh’s reluctance to address critical electoral issues prompted an emergency press conference held at New Brookfields hotel in Freetown where the opposition leader issued a 72-hour ultimatum that said either Konneh steps aside or addresses the burning election issues.
The press conference was held a little over a week to the polls with many saying the Chief Electoral Commissioner could still adjust the election environment to ensure fair play, but still rebuffed the opposition’s call in a subsequent press briefing held at ECSL headquarters.
Konneh, during the press briefing, insisted that he would conduct the elections at all cost even when protests were going on in various parts of the country.
Konneh’s was further emboldened by SLPP Chairman, Dr Prince Harding who said the elections would go on against all odds, and the Opposition leader had no right to issue such ultimatum.
“Konneh will conduct the elections as we are not responsible for APC’s ill-preparedness,” Dr Harding said in a press conference held at SLPP headquarters shortly after the ultimatum.
What was to be announced in the June elections already showcased itself as coming events cast their shadows.
On June 27, 2023, Konneh pronounced Bio winner of the elections giving him 56.17 percent of the total votes cast leaving 43.83% for Dr Samura Kamara.
It was a first-round victory surpassing the 55% constitutional threshold needed to avoid a run off as claimed by head of National Elections Watch (NEW), Marcella Samba Sesay.
NEW is a body of civil society organisations specialised in election observation, reporting and projections of election results using the PRVT (Process and Results Verification for Transparency) model also used in several African countries during elections.
The umbrella body of election observers found it difficult to accept the results calling on Konneh to do a re-count of the votes or go in for a rerun.
International election observers such as the EU, Carter Center, AU, ECOWAS, G7+ and Commonwealth also rejected the election results saying it “lacked transparency.”
Konneh hardened himself against local and international pressure in respect of what many called a flawed election process as he turned down calls to publish the election results by polling stations and districts as demanded by the people of Sierra Leone.
He maintained his stance even when the United States threatened to impose travel bans, asset freeze and investigation for money laundering after reportedly spotting off-shore accounts.
Konneh put up the biggest defiance when he presented a certificate of victory to President Bio at the peak of inter-party conflicts and controversies on the elections.
It was a clear manifestation that the ECSL Chief would comply with no rule not even an invitation from the tripartite committee.
In a press briefing held last week by the tripartite committee, Advisor to President, Dr Emmanuel Gaima said ECSL would not submit to any probe as the EIC lacked the authority to compel the election body.
“If ECSL appears to the committee, it will do so only by moral suasion and not out of force,” Dr Giama told journalists.
On the contrary, APC’s representative, Dr Kelfallah Marrah maintained an opposite stance saying ECSL had to appear at the committee to render account of how they conducted the elections.
Konneh’s resistance to help the EIC arrive at the truth clearly showed that he was no longer heading an ESCL but an Electoral Commission for SLPP and Bio.
Although Konneh is the first respondent in any election probe, there is no way President Bio will be shielded from answering questions.
Like Konneh, Bio allegedly played significant role in rigging the elections through state-sponsored violence, unlawful and indiscriminate arrest and detention of opposition politicians and supporters, thuggery, intimidation, harassment and creation of a police state.
It was quite clear that Bio failed to restrain the security forces before, during and after the elections as evidenced by intermittent waves of unlawful killings of unarmed and defenceless civilians.
Therefore, both will answer questions in respect of stolen votes but Konneh will bear the greatest responsibility since he runs an independent entity.