By Mo Hamad Kargbo
The All People’s Congress (APC) has announced plans to challenge in the Supreme Court the ruling of the Speaker of Parliament, Rt. Honourable Segepoh Solomon Thomas, which led to the passage of the Constitutional Amendment Bill 2025.
The announcement was made during a press conference held on Friday, 14th August 2026, at the APC Headquarters in Freetown. The press conference was attended by senior party officials, Members of Parliament, the Mayor of Freetown, former government officials, members of the press and party supporters.
In his introductory statement, APC Chairman Ambassador Alhaji Osman Foday Yansaneh said the party had taken a considered decision to challenge the validity of the Constitutional Amendment Bill through the appropriate judicial channels.
He said the decision was based on what the party considers to be clear legal grounds and its commitment to upholding the Constitution and the rule of law.
“We are not opposing change; we are insisting that change must follow the lawful path,” Ambassador Yansaneh said, stressing that the Supreme Court was the appropriate constitutional forum to determine whether the amendment process complied with the required legal procedures.
He described the planned legal action as a constitutional safeguard aimed at ensuring that any amendment to the country’s supreme law rests on a firm legal foundation.
Reading the APC’s press statement, the party’s National Secretary General, Esq. Lansana Dumbuya, traced the party’s position to the aftermath of the 2023 general elections and subsequent political developments, including the Agreement for National Unity and the recommendations of the Tripartite Committee.
According to Lansana Dumbuya, Recommendation 36 addressed reforms relating to the appointment of Electoral Commissioners, while Recommendation 78 dealt with the electoral system.
He said the failure to fully implement the recommendations contributed to the APC’s decision to boycott governance for a second time.
Lansaba Dumbuya further stated that on 20th April 2026, Moral Guarantors facilitated an agreement to establish a Joint Technical Committee of Lawyers to discuss the Constitutional Amendment Bill 2025 and other related matters.
He said consensus was reached on most issues, while disagreements over the proposed 55 percent presidential winning threshold and the choice between Proportional Representation (PR) and First-Past-the-Post (FPTP) were referred to Parliament for debate and decision.
The APC’s major objection, however, centres on the interpretation and application of Section 108 of the 1991 Constitution during Parliament’s proceedings on 10th August 2026.
The party maintains that a constitutional amendment requires the support of two-thirds of all elected Members of Parliament on both the Second and Third Readings.
According to the APC, with 149 elected Members of Parliament, the required threshold is 100 votes, rather than 90.
The party described the Speaker’s ruling that a simple majority was sufficient as unconstitutional and legally void.
It further argued that the ruling contradicted an earlier position attributed to the Speaker during parliamentary proceedings concerning the removal of former Auditor General Mrs. Lara Taylor-Pearce, where, according to the APC, he had interpreted “two-thirds of Parliament” to mean two-thirds of all elected Members.
The APC also argued that Section 91(1), which provides for a general majority rule, is subject to exceptions contained elsewhere in the Constitution, with Section 108 being the specific provision governing constitutional amendments.
The party said its Members of Parliament withdrew from the proceedings because they did not want to legitimise what they described as an unconstitutional process.
The APC statement also raised allegations that some opposition MPs were offered financial inducements to support the Bill. However, these allegations were presented by the party and were not independently substantiated during the press conference.
The party further expressed concern over what it described as the broader implications of the parliamentary decision, warning that weakening the constitutional two-thirds requirement could make the Constitution vulnerable to partisan manipulation.
The APC said the development could undermine public confidence in Parliament and other state institutions and weaken safeguards intended to protect the Constitution from unilateral changes.
The party has therefore announced four principal demands: rejection of the purported passage of the Constitutional Amendment Bill, immediate legal action before the Supreme Court, respect for popular sovereignty and compliance with the constitutional framework.
The APC is calling on the Speaker and the Government to suspend further action on the Bill and allow the Supreme Court to determine the legality of the parliamentary proceedings.
The party said its legal challenge is intended to ensure that the Constitution remains supreme and that any future amendments are carried out in accordance with the law.
