Former Bar Association President Basita Michael takes Maada Bio government to task for constitutional review process and refusals to be audited

The former President of the Sierra Leone Bar Association , Mrs. Basita Michael, has taken the SLPP Government to task for its plans to revise the constitution and the refusal of some of its institutions to be audited,

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I am deeply concerned about the ongoing constitutional review process in Sierra Leone. While I wholeheartedly acknowledge the need for revisions to the 1991 constitution, I firmly believe that the present circumstances are far from conducive to such reform.

Sierra Leone currently grapples with a multitude of pressing challenges that cast a shadow over the prospects of a fair and transparent constitutional review. These challenges include the disturbingly frequent and systematic violations of fundamental rights and liberties, a troubling lack of transparency in the electoral process, and a growing perception that the judiciary lacks the independence necessary to safeguard the rule of law. Given this disconcerting backdrop, my apprehension centers on the potential exploitation of the constitutional review process by the incumbent government as a means to further consolidate its grip on power.

Moreover, the government’s commanding near-2/3 majority in Parliament places it in an extraordinarily advantageous position within the constitutional review process. This majority affords the government the ability to push through constitutional amendments without the checks and balances that a robust opposition presence would provide. This raises serious concerns about the fairness and inclusivity of the process.

Another worrisome facet of the ongoing review process is the role of the Electoral Commission of Sierra Leone (ECSL). The ECSL has faced allegations of opacity and bias in recent elections, eroding public trust in the institution. Consequently, there is a legitimate question as to whether the ECSL can be entrusted to conduct a genuinely fair and unbiased referendum on any proposed constitutional changes.

Considering these multifaceted concerns, I strongly contend that the current constitutional review process does not serve the best interests of the Sierra Leonean populace. I earnestly implore the government to exercise prudence and postpone this endeavor until a more favorable political and social climate emerges. The process should prioritize inclusivity and fairness, with the aim of crafting a new constitution that benefits all Sierra Leoneans, rather than serving the interests of a single political party. A constitution of such significance should be a unifying force, not a divisive one.

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The recent revelations that the Electoral Commission of Sierra Leone (ECSL) has failed to submit its financial statements for auditing have only served to confirm the widespread concerns about the opacity and lack of accountability of this vital institution.

In the wake of the deeply flawed 2023 elections, in which the ECSL was accused of widespread irregularities, it is more important than ever that this body be held to account for its actions. The fact that it has failed to submit its financial statements for auditing raises serious questions about its commitment to transparency and accountability.

How can we trust an institution that cannot even account for its own finances to be responsible for managing our elections? What guarantee do we have that the funds that have been allocated to the ECSL are being used for their intended purpose?

The ECSL must immediately submit its financial statements for auditing and take steps to address the concerns that have been raised about its governance. Until then, it will be impossible to have confidence in its ability to conduct free and fair elections.

 

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