Today is another sad day for the Rule of Law in Sierra Leone

Any country that has a compliant judiciary complicit in raping due process is a lost cause. Today is another sad day for the Rule of Law. I. have just read that 9 new Members of Parliament have been sworn in to sit in the House as ruling SLPP MPs. They were sworn in today to as ” Replacement ” MPs for 9 MPs from the opposition APC whose election to Parliament in March last year were petitioned. The High Court ruled in favour of the petitioners. These petioners have now been sworn with almost indecent haste.

The Public Elections Act 2012 is very clear and unambiguous on next steps after the determination of a petition matter in the High Court. You don’t have to be a lawyer to understand what the relevant section says.
Section 146 of The Public Elections Act 2012:

(1) If the High Court determines that a candidate returned elected was not duly elected and that the election was void, then the candidate’s seat shall become vacant from the time of the notice of decision of the High Court and if notice of appeal from that decision appeal has been given within fourteen (14) days, the seat shall remain vacant for the period until the determination of the Court of Appeals is given on the appeal or the appeal is abandoned.

(2) Where the question to be decided by the Court of Appeal concerns an election to or the right to remain a Member of Parliament, the Registrar of the Court of Appeal shall certify the decision in writing to the Speaker and the Electoral Commission.

(3) Where the High Court has determined that a candidate was duly returned or elected, or that the election was void, and no notice of appeal has been given against that determination within fourteen (14) days, or where on appeal the Court of Appeal has determined that a candidate was duly returned or elected or that the election was void, then the Speaker shall publish by notification in the Gazette whether the candidate whose return or election is questioned is duly returned or elected or whether the election is void.

(4) IF THE ELECTION IS DECLARED VOID, ANOTHER ELECTION SHALL BE HELD.

This is what the Act says. I haven’t seen the ruling of the Learned Justice in its entirety but it boggles the mind where ” Replacement” comes into play here. I wonder if this country should not enact a law holding judges responsible for any breakdown in law and order threatening the security of the State as a result of skewed or blatantly corrupt rulings they make in their so called ” Considered Opinion ” without regard for the easily discernible provisions of the law. Or have I missed something which empowers judges to go beyond interpreting the law but can amend laws enacted in Parliament following their whims and Caprices.
As for Speaker Abass Chernor Bundu I have this to say to him. HISTORY WILL NOT BE KIND TO YOU. WE REMEMBER AS FAR BACK AS THE DAYS IF THE AFRC JUNTA. But then Sierra Leone is so much of a lost cause that you only need to be in the good books of those who hold political power to expunge whatever chequered past you have.