THIS CURFEW ORDER IS ILLEGAL
Sylvanus Koroma (What A Man!) blasts…..
This current Curfew Order is a typical abuse of our laws which should be looked into and be discussed at all levels in our society. Sierra Leoneans have laws and our laws should be obeyed. So as long as those laws are in conformity with our Constitution. This current curfew order is not supported by our laws and we should not continue to keep quiet about it. The President has usurped the powers of Parliament and this should be checked otherwise the President would become a dictator that we did not bargain for, and therefore should not allow him to be one by letting him continue his abuse of the Constitution. We must be bold enough to let him know his limitations within the law. The President has to be reminded about how laws are made in this country.
Generally, proclamation by the President is not how laws are made. The 1991 Constitution of Sierra Leone Act No. 6 of 1991 made it abundantly clear how orders are made into law. To start with, the law on curfew orders are stated in Section 170 subsection (1) of paragraph (c) (i.e. Section 170(1)(c)) and it is further elucidated on the same Section 170 subsection (7).
Before going to the press, it was confirmed that this Curfew Order was never laid before Parliament, and therefore the caption, ‘This Curfew Order is illegal’. The proclamation of the President to impose a curfew order is not in conformity with the constitution and the procedure to make it a law is unconstitutional and has no justification for it to continue to be a law except the President wants to prove that he is a dictator.
The provision in the 1991 Constitution Section 170(1)(c) which caters for such law is third in our cadre of laws and it reads: ‘any orders, rules, regulations and statutory instruments made by any person or authority pursuant to a power conferred in that behalf by this Constitution or any other law;” and Section 170 (7) reads: “Any orders rules or regulations made by any person or authority pursuant to a power conferred in that behalf by this constitution or any other law-
- shall be laid before parliament;
- shall be published in the Gazette on or before the day they are said to be laid before Parliament;
- shall come into force at the expiration of a period of twenty-one days of being so laid unless Parliament, before the expiration of the said period of twenty-one days, annuls any such orders, rules or regulations by the votes of not less than two thirds of the members of parliament.
The exception to the law is captured in Chapter XIII (Miscellaneous) of the 1991 Constitution in Section 17(1) “Public Emergency” which includes any period during which
- Sierra Leone is at war; or
- there is in force a proclamation issued by the President under subsection (1) of section 29; or
- there is in force a resolution of parliament made under subsection (3) of Section 29.
The law is clear about proclamation of public emergency. Even in a case of State of Emergency, the law calls for such law to be laid before Parliament. No Curfew Order law was laid before Parliament and or at least not this current one.
The office of the Attorney General and Minister of Justice is expected to have advised the President on the breach of constitutionality of the Curfew Order. Whether it has been done or not by the office of the Attorney General and Minster of Justice, the people do not know. The people should now insist on their parliamentarians to get the records straight by ensuring that this matter is recorded in our Hansards for posterity. The abuse of power should be recorded and be brought to an end. This is so in order to support the ‘early warning signs’ espoused by the Hon Chernor Bah (Chericoco) in one of his recent speeches at the ECOWAS Parliament with regards what this Bio-led Government is doing in Sierra Leone. Let me end this piece by referencing what the law says about public emergency and allow you to judge the legality of this Curfew Order.
Section 29(1) of the 1991 Constitution of Sierra Leone reads:
“Whenever in the opinion of the President a state of public emergency is imminent or has been commenced, the President may, at any time, by Proclamation which shall be published in the Gazette, declare that-
- a state of public emergency exists either in part, or in the whole of Sierra Leone; or
- a situation exists which, if it is allowed to continue, may lead to a state of public emergency in any part of or the whole of Sierra Leone.
Section 29(3) of the same reads: ‘Every declaration made under subsection (1) shall lapse-
- in the case of a declaration made when Parliament is sitting at the expiration of a period of seven days beginning with the date of publication of the declaration; and
- in any other case, at the expiration of a period of twenty-one days beginning with the date of declaration,
Unless it has in the meantime been approved by or superseded by a Resolution of Parliament supported by the votes of two-thirds of the Members of Parliament.
In my opinion this current Curfew Order is illegal and therefore I am appealing to the good conscience of the President to respect the Constitution and do away with this Curfew Order.
