By Philip Conteh, August 2025.
In recent months, a chorus of concerns has echoed through party meetings, the media, and political circles over the All People’s Congress (APC) Constitution of 2021, particularly Article 61(b), which requires a member to have been in continuous good standing for at least five years to qualify as a presidential candidate.
Critics argue that this provision is “undemocratic” and “unconstitutional,” claiming it contradicts Section 41 of the 1991 Constitution of Sierra Leone.
As a key player in the APC Party with many years of experience in politics, and having witnessed the highs and lows of party democracy in our country, I believe it is time to put this matter to rest. The five-year rule is not unconstitutional. It may be debated politically, and like all rules, it may one day be amended through the party’s own democratic process. But it is not, as some have suggested, a violation of Sierra Leone’s 1991 Constitution. Let us examine the facts and reasoning.
Constitutional vs. Party Qualifications:
Section 41 of the 1991 Constitution is clear: to be eligible for the presidency, a person must be a Sierra Leonean citizen, a member of a political party, at least 40 years old, and qualified to be elected as a Member of Parliament. These are the minimum national requirements. They apply equally to all citizens, and no political party or law can add to or subtract from them.
However, what critics overlook is that political parties are voluntary associations. They are free to adopt internal rules to decide who they will present as their candidate. Nothing in the Constitution prevents a party from requiring additional internal loyalty or service before endorsing someone. Section 41 guarantees that any Sierra Leonean who meets the national requirements may contest the presidency — but it does not compel the APC, SLPP, or any other party to adopt someone as their flagbearer without additional conditions.
In other words, Section 41 regulates access to the national ballot. Article 61(b) regulates access to the APC’s candidacy. The two provisions operate in different spheres. They are not contradictory.
Why the Five-Year Rule Exists:
Let us be honest with ourselves. Political parties are not just legal vehicles; they are living organisations with values, traditions, and sacrifices made by countless grassroots members. Leadership is not a prize to be plucked overnight. The five-year rule was introduced to ensure that anyone aspiring to the highest office under the APC banner has shown loyalty, consistency, and commitment to the Party.
It is not unusual. Across the world, parties set minimum membership periods before contesting leadership or presidential nominations. This is to prevent opportunism — where individuals only remember a party when elections are near, yet wish to leapfrog those who have toiled for years in the trenches.
Indeed, our own history should remind us. The APC has suffered bitter internal divisions and opportunistic takeovers in the past. The five-year clause is therefore a guardrail, not a barrier. It seeks to strengthen discipline, protect unity, and ensure that our flagbearer is someone who has lived the APC creed.
Legal Reality and Political Perception:
To those who still argue that Article 61(b) is unconstitutional, let us be clear:
The Constitution of Sierra Leone sets the floor, not the ceiling. It guarantees the right to contest, but it does not dictate how parties choose their candidates.
A citizen who meets Section 41 qualifications can still contest for the presidency through another party, if not selected by the APC.
What some call a “conflict” is, in truth, a matter of political perception, not legal reality. The danger lies in misunderstanding. That is why this debate has dragged on and confused many comrades.
Moving Beyond Distrust Towards 2028:
Let us also recognise the political moment. Sierra Leone is heading towards another crucial election in 2028. Our opponents would rejoice if we waste the next three years in internal wrangling, litigation, and suspicion over rules that are already gazetted and binding.
The five-year rule has been accepted as part of our governing document. Those who disagree have every right to propose amendments at the next Delegates Conference. That is how democracy works — not through endless public quarrels, not through undermining the Party’s unity, but through constructive internal dialogue.
We must therefore close this chapter. The APC has bigger battles to fight: rebuilding trust with the electorate, crafting policies to rescue the economy, and preparing an electoral machinery strong enough to return us to the State House.
Conclusion: Discipline and Democracy Can Work Together.
The APC was born out of resistance to discrimination and exclusion. That legacy remains. But discipline and loyalty are also part of our DNA. The five-year membership rule is not about exclusion — it is about ensuring that our leader is deeply rooted in the Party.
Let us dispel the notion that Article 61(b) contradicts the 1991 Constitution. It does not. What it does is remind us that leadership comes with responsibility, and responsibility requires proven commitment.
As we march towards 2028, let us put aside distractions, embrace unity, and focus on the real task: returning the APC to power to deliver for the people of Sierra Leone.
