Honourable Osman Timbo has formally written to the Attorney-General and Minister of Justice, Alpha Sesay, requesting confirmation of compliance with Section 108(2)(a) of the Constitution of Sierra Leone in respect of the Constitution of Sierra Leone (Amendment) Bill, 2025.
In a detailed letter addressed to the Attorney-General’s Office, Timbo stated that he was acting in his capacity as a Member of Parliament, legal practitioner, and citizen with a strong interest in constitutionalism and the rule of law. He emphasized that Section 108 of the 1991 Constitution clearly outlines the mandatory procedures governing any alteration of the Constitution.
Specifically, Section 108(2)(a) provides that a Bill seeking to amend the Constitution shall not be passed unless, before its first reading in Parliament, the text of the Bill is published in at least two issues of the Government Gazette. The provision further states that not less than nine days must elapse between the first and second publication.
According to Timbo, the Amendment Bill was laid before Parliament for first reading on 27th January 2025. He noted that Members of Parliament were served through their parliamentary pigeonholes with a copy of the Supplement to the Sierra Leone Gazette, Volume CLXVI, No. 103. However, he stated that no evidence of a second publication, as required by the Constitution, has been identified.
The lawmaker disclosed that he made inquiries with parliamentary staff and also caused a search to be conducted at the Government Printing Department, but no additional Gazette publication of the Bill was found.
In light of these concerns, Timbo has requested clarification from the Attorney-General on whether the Bill was indeed published in at least two issues of the Gazette prior to its first reading. He further asked that, if such a second publication exists, a copy of the relevant Gazette issue be provided to him.
He maintained that if the second publication was not done, the Bill should be withdrawn and the mandatory constitutional procedure fully complied with before any further legislative steps are taken.
Timbo stressed that the procedural safeguards outlined in the Constitution are not discretionary but mandatory, and that strict adherence is necessary to ensure legality, legitimacy, public confidence, and national cohesion in the amendment of the country’s supreme law.
He concluded by expressing hope for a prompt response from the Attorney-General, underscoring the importance of upholding constitutional integrity in the legislative process.
