The Attorney General and Minister of Justice has explained the decision by President Julius Maada Bio to refer a petition concerning the Constitutional Amendment Bill to the Supreme Court instead of immediately assenting to the legislation.
President Bio invoked Section 122(1) of the Constitution, which allows the President to refer a petition on which he is required to make a final decision to the Supreme Court for a judicial opinion.
According to the Office of the Attorney General and Minister of Justice, the move is intended to ensure that any decision on whether the President should assent to the Constitutional Amendment Bill is constitutionally sound, legally defensible, and in the best interests of Sierra Leone.
The clarification comes after the President took the unprecedented step of seeking the Supreme Court’s opinion on the constitutional issues surrounding the Bill.
Following the passage of the Bill, three separate matters have reportedly been filed before the Supreme Court challenging the constitutional validity of the process through which the legislation was passed.
The Attorney General’s Office said the State takes the proceedings seriously and will respond fully through the appropriate legal processes.
The Office further disclosed that it is actively preparing the State’s response and has filed papers seeking the consolidation of the three applications, citing the substantially similar constitutional questions raised in the cases.
Meanwhile, the Supreme Court of Sierra Leone has announced that all matters filed before it relating to the Constitutional Amendment Bill will be heard on October 7, 2026.
The Court said the matters will be heard expeditiously to ensure their timely resolution in accordance with the laws of Sierra Leone.
The Attorney General’s Office described the court proceedings as neither unexpected nor unwelcome in a constitutional democracy, saying they provide a legitimate opportunity for judicial oversight and for the Supreme Court to offer authoritative clarity on the constitutional questions surrounding the Bill.
The October 7 hearing is therefore expected to provide an opportunity for the Supreme Court to consider the legal challenges and offer its opinion on the constitutional issues before any final decision is made on the matter.
