The Lawyers Society of Sierra Leone has released a position paper expressing both support and reservations regarding the proposed Constitutional Amendment Act, 2025. The Society, acting as a stakeholder in the nation’s constitutional democracy, emphasized the need for broad-based consultations and careful legislative timing when amending the 1991 Constitution.
While acknowledging the importance of constitutional reforms, the Society cautioned against piecemeal amendments that focus narrowly on electoral changes. “A fractional review of the Constitution, especially when the nation has awaited a comprehensive revision for over seven years, risks undermining the democratic process,” the position paper stated.
The Society highlighted key areas of concern, beginning with the proposed Section 32, which would establish a Search and Nomination Committee for appointing members of the Electoral Commission (proposed to be renamed the National Electoral Commission). Lawyers called for the committee’s membership to be selected by independent organizations rather than appointed solely by the President to prevent politicization. They also stressed the need to clearly define the committee’s legal authority and recommended excluding former ministers, MPs, and active political party members from serving as electoral commissioners.
On gender representation, the Society welcomed the amendment of Section 35 requiring that at least 30 percent of party nominees in national and local elections be women. However, they warned that under the proposed District Block proportional representation system, women could be placed at the bottom of party lists, reducing their chances of election and making the quota largely symbolic.
The Society also addressed Section 38, which empowers the Electoral Commission to determine the number of MPs per district based on census data, calling it a positive step to prevent gerrymandering.
Regarding presidential elections, the Lawyers Society raised concerns over Section 41(b) allowing independent candidates to run for president, arguing that financial capacity requirements could restrict participation to wealthy individuals. Similarly, they questioned Section 42, which introduces a threshold requiring candidates to secure 20 percent of votes in two-thirds of districts. The Society warned that the measure was inconsistent with previous committee recommendations, could increase the likelihood of run-offs, and might heighten the risk of electoral manipulation.
Other proposed amendments, including fixed presidential election dates (Section 43) and limiting dual citizenship for ministers (Section 76), were recognized as positive developments. The Society recommended minor adjustments, such as revising timelines for election petitions and ensuring consistent application of dual citizenship rules for MPs and ministers.
The Lawyers Society also criticized proposed amendments to other legislation, including the Public Elections Act and Political Parties Act, which could allow for the deregistration of parties failing to meet electoral thresholds. They described these measures as unnecessary and contrary to Sierra Leone’s multiparty democracy.
In conclusion, the Society reaffirmed its commitment to advancing constitutional reforms but stressed that meaningful progress requires a comprehensive, well-planned approach. They cautioned that piecemeal amendments risk diverting attention from the broader objective of a thorough constitutional overhaul, which remains a long-standing national priority.
