1991 Constitution (1) A5

PDF generated: 27 Jul 2018, 21:10
constituteproject.org
Sierra Leone's Constitution of

1991, Reinstated in 1996, with
Amendments through 2008
This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.
constituteproject.org PDF generated: 27 Jul 2018, 21:10
Table of contents
CHAPTER I: THE REPUBLIC OF SIERRA LEONE . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. Declaration of Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2. Public Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3. The National Flag and National Anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
CHAPTER II: FUNDAMENTAL PRINCIPLES OF STATE POLICY . . . . . . . . . . . . . . 9
4. Fundamental obligations of Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5. Government and the people . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6. Political objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7. Economic objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8. Social objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9. Educational objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10. Foreign policy objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11. Obligations of the mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12. Enhancement of national culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13. Duties of the citizen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14. Fundamental principles not justiciable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CHAPTER III: THE RECOGNITION AND PROTECTION OF FUNDAMENTAL
HUMAN RIGHTS AND FREEDOMS OF THE INDIVIDUAL . . . . . . . . . . . . . . . . . 13
15. Fundamental Human Rights and Freedoms of the Individual . . . . . . . . . . . . . . . . . . . . . . . . 13
16. Protection of right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17. Protection from arbitrary arrest or detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18. Protection of freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19. Protection from slavery and forced labour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20. Protection from inhuman treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21. Protection from deprivation of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22. Protection for privacy of home and other property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23. Provision to secure protection of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24. Protection of freedom of conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25. Protection of freedom of expression and the press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26. Protection of freedom of assembly and association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27. Protection from discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28. Enforcement of protective provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29. Public Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
30. Interpretation of Chapter III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER IV: THE REPRESENTATION OF THE PEOPLE . . . . . . . . . . . . . . . . . . 30
31. Registration of voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32. Electoral Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 2

33. Functions of the Electoral Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

34. Political Parties Registration Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
35. Registration and conduct of political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
36. Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
37. Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
38. Constituencies and elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
38A. Election by district block representation system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
39. Filling of vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
CHAPTER V: THE EXECUTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART I: THE PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
40. Office of President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
41. Qualifications for Office of President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
42. Election of President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
43. Period during which Presidential election shall take place . . . . . . . . . . . . . . . . . . . . . . . . . 37
44. Parliament to make laws for election of President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
45. Presidential Returning Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
46. Tenure of office of President, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
47. President in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
48. Incidents of office, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
49. Vacancy in office of President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
50. Mental or physical incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
51. Misconduct by President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52. Temporary filling of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART II: EXECUTIVE POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
53. Exercise of executive authority in Sierra Leone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
54. Vice-President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
55. Vacancy in the office of Vice-President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
56. Ministers and Deputy Ministers of Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
57. Oaths to be taken by Ministers, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
58. Ministerial vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
59. Establishment of Cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
60. Collective responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
61. Constitution of offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
62. Administration of ministries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
63. Prerogative of Mercy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
64. Establishment of office of Attorney-General and Minister of Justice . . . . . . . . . . . . . . . . . 45
65. Solicitor-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
66. Director of Public Prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

67. Secretary to the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

68. Secretary to the Cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
69. Secretary to the Vice-President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
70. Power of appointment vested in the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71. Other statutory appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
72. Office of Paramount Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
CHAPTER VI: THE LEGISLATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

PART I: COMPOSITION OF PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
73. Establishment of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
74. Members of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
75. Qualifications for membership of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
76. Disqualifications for membership of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
77. Tenure of seats of Members of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
78. Determination of question as to membership of Parliament . . . . . . . . . . . . . . . . . . . . . . . 54
79. The Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
80. Deputy Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
81. Election of Speaker and Deputy Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
82. Clerk of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
83. Oath to be taken by Members of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART II: SUMMONING, PROROGATION AND DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . 56
84. Sessions of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
85. Life of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
86. Sittings of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
87. General Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART III: PROCEDURE OF PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
88. Presiding in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
89. Quorum in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
90. Use of English in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
91. Voting in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
92. Unqualified persons sitting or voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
93. Committees of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
94. Regulation of procedure in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
95. Contempt of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
96. Criminal Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART IV: RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES . . . . . . . . . . . . . . . . . . . . . . . . 61
97. Responsibilities of Members of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
98. Freedom of Speech and debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
99. Parliamentary privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

100. Immunity from service of process and arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

101. Immunity from witness summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
102. Immunity from serving as juryman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
103. Immunity for publication of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
104. Privileges of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
PART V: LEGISLATION AND PROCEDURE IN PARLIAMENT . . . . . . . . . . . . . . . . . . . . . . . . . 63
105. Power to make laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
106. Mode of exercising legislative power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
107. Minister may introduce Bill and be summoned to Parliament . . . . . . . . . . . . . . . . . . . . . 63
108. Alteration of this Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
109. Residual authority of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART VI: FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
110. Authority for imposition of taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
111. Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
112. Authorisation of expenditure from Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . 67
113. Authorisation of expenditure in advance of appropriation . . . . . . . . . . . . . . . . . . . . . . . 68
114. Withdrawal of moneys from general revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
115. Remuneration of the President and certain other officers . . . . . . . . . . . . . . . . . . . . . . . . 69
116. Contingencies Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
117. Public debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
118. Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
119. Establishment of office and functions of Auditor-General . . . . . . . . . . . . . . . . . . . . . . . . 70
CHAPTER VII: THE JUDICIARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART I: THE SUPERIOR COURT OF JUDICATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
120. Establishment of the Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART II: THE SUPREME COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
121. Composition of the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
122. Jurisdiction of the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
123. Appeals to the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
124. Interpretation of the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
125. Supervisory Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
126. Power of Justices of the Supreme Court in interlocutory matters . . . . . . . . . . . . . . . . . . 74
127. Enforcement of the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PART III: COURT OF APPEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
128. Composition of the Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
129. Jurisdiction of the Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
130. Power of single Justice of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
PART IV: THE HIGH COURT OF JUSTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

131. Composition of the High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

132. Jurisdiction of the High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
133. Claims against the Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
134. Supervisory Jurisdiction of the High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART V: APPOINTMENT OF JUDGES, ETC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
135. Appointment of Judges, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
136. Judicial vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
137. Tenure of Office of Judges, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
138. Remuneration of Judges, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
139. Oath of Office of Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
140. Judicial and Legal Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
141. Appointment of Judicial and Legal Officers, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
142. Appointment of Court officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
143. Fees of Court, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
144. Official document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
145. Rules of Court Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
CHAPTER VIII: THE OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

146. Parliament to establish office of Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
CHAPTER IX: COMMISSIONS OF INQUIRY . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
147. Appointment of Commissions of Inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
148. Powers, rights and privileges of Commissions of Inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . 85
149. Publication of report of Commission of Inquiry and right of appeal . . . . . . . . . . . . . . . . . . 85
150. Rules regulating Commissions of Inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
CHAPTER X: THE PUBLIC SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART I: THE PUBLIC SERVICE COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
151. Establishment of Public Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
152. Appointments, etc. of public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
153. Appointment of the Principal representatives of Sierra Leone abroad, Armed Forces
Commanders and Inspector-General of Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
154. Appointment of Permanent Secretaries and certain other officers . . . . . . . . . . . . . . . . . . 88
PART II: THE POLICE FORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
155. Establishment of the Sierra Leone Police Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
156. Establishment of Police Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
157. Appointments in the Police Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
158. Functions of Police Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
PART III: RESIGNATIONS, RE-APPOINTMENTS AND PROTECTION OF PENSION RIGHTS
OF PUBLIC OFFICERS HOLDING ESTABLISHED OFFICES . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
159. Resignation and effect of new appointment of a person holding an established office . . . . 91
160. Re-appointment, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

161. Protection of pension rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

PART IV: POWER AND PROCEDURE OF COMMISSIONS AND COUNCILS, AND LEGAL
PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
162. Power of Commissions in relation to the grant of pensions . . . . . . . . . . . . . . . . . . . . . . . 92
163. Power and procedure of Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
164. Protection of Commissions from legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
CHAPTER XI: THE ARMED FORCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
165. Establishment of the Armed Forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
166. Prohibition of private armed forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
167. Establishment of Defence Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
168. Appointments in the Armed Forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
169. Functions of the Defence Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
CHAPTER XII: THE LAWS OF SIERRA LEONE . . . . . . . . . . . . . . . . . . . . . . . . . . 95
170. The Laws of Sierra Leone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
CHAPTER XIII: MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
171. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
172. Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
173. Consequential provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
CHAPTER XIV: TRANSITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . 101

174. Existing Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
175. Effect of Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
176. Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
177. Application of Existing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
178. Preservation of existing offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
179. Existing Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
180. Delegated Powers and inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
181. Continuation of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
182. Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
183. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
184. Jurisdiction of Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
185. Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
186. Financial Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
187. Official Seals, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
188. Continuation of Police Forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
189. Continuation of the Military Forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
190. Repeal of Act No. 12 of 1978 and Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
191. Reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
192. Commencement of Act No. 6 of 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

FIRST SCHEDULE: TERRITORY OF SIERRA LEONE . . . . . . . . . . . . . . . . . . . . 107

SECOND SCHEDULE: PRESIDENT’S OATH . . . . . . . . . . . . . . . . . . . . . . . . . . 107
THIRD SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
FOURTH SCHEDULE: DECLARATION OF COMPLIANCE . . . . . . . . . . . . . . . . 108

CHAPTER I: THE REPUBLIC OF SIERRA LEONE
1. Declaration of Republic
Sierra Leone is a Sovereign Republic, the boundaries of which are delimited in the
First Schedule hereto.
2. Public Seal
The Public Seal of the Republic shall be such a device as Parliament shall prescribe.
3. The National Flag and National Anthem

• National flag 1. a. The Flag of which the design is described in paragraph (b) hereof is hereby
declared to be the National Flag of Sierra Leone.
b. The design of the Flag shall be from the top of the Flag to the bottom thereof,
three horizontal stripes of green, white and blue.
c. The normal size of the Flag for official use shall be in the proportion of nine units
across to six units down.
• National anthem 2. The National Anthem of the Republic shall be such as Parliament shall prescribe.
CHAPTER II: FUNDAMENTAL PRINCIPLES OF STATE

POLICY
• Duty to obey the constitution 4. Fundamental obligations of Government

All organs of Government and all authorities and persons exercising legislative,
executive or judicial powers shall conform to, observe and apply the provisions of
this Chapter.
• Type of government envisioned 5. Government and the people

1. The Republic of Sierra Leone shall be a State based on the principles of Freedom,
Democracy and Justice.
2. It is accordingly declared that—
a. sovereignty belongs to the people of Sierra Leone from whom Government

through this Constitution derives all its powers, authority and legitimacy;
b. the security, peace and welfare of the people of Sierra Leone shall be the
primary purpose and responsibility of Government, and to this end it shall
be the duty of the Armed Forces, the Police, Public Officers and all security
agents to protect and safeguard the people of Sierra Leone; and
c. the participation of the people in the governance of the State shall be

ensured in accordance with the provisions of this Constitution.
6. Political objectives
• National motto 1. The motto of the Republic of Sierra Leone shall be Unity, Freedom and Justice.

• Integration of ethnic communities 2. Accordingly, the State shall promote national integration and unity and
discourage discrimination on the grounds of place of origin, circumstance of
birth, sex, religion, status, ethnic or linguistic association or ties.
3. For the purposes of promoting national integration and unity, the State shall—
• Freedom of movement a. provide adequate facilities for and encourage free mobility of people, goods
and services throughout Sierra Leone; and
b. secure full rights of residence for every citizen in all parts of the State.
4. The State shall protect and defend the liberty of the individual, enforce the rule
of law and ensure the efficient functioning of Government services.
5. The State shall take all steps to eradicate all corrupt practices and the abuse of
power.
7. Economic objectives
1. The State shall within the context of the ideals and objectives for which
provisions are made in this Constitution—
a. harness all the natural resources of the nation to promote national

prosperity and an efficient, dynamic and self-reliant economy;
b. manage and control the national economy in such a manner as to secure the
maximum welfare and freedom of every citizen on the basis of social justice
and equality of opportunity;
• Right to establish a business c. protect the right of any citizen to engage in any economic activity without
• Right to choose occupation
prejudice to the rights of any other person to participate in areas of the
economy;
d. place proper and adequate emphasis on agriculture in all its aspects so as to

ensure self-sufficiency in food production; and
e. ensure that Government shall always give priority and encouragement to

Sierra Leoneans to participate in all spheres of the economy in furtherance
of these objectives.
8. Social objectives
1. The Social Order of the State shall be founded on the ideals of Freedom, Equality
and Justice.
2. In furtherance of the Social Order—
• General guarantee of equality a. every citizen shall have equality of rights, obligations, and opportunities
before the law, and the State shall ensure that every citizen has an equal
right and access to all opportunities and benefits based on merit;
• Human dignity b. the State shall recognise, maintain and enhance the sanctity of the human
person and human dignity; and

c. the Government shall secure and maintain the independence, impartiality

and integrity of courts of law and unfettered access thereto, and to this end
shall ensure that the operation of the legal system promotes justice on the
basis of equal opportunity, and that opportunities for securing justice are
not denied any citizen by reason of economic or other disability.
3. The State shall direct its policy towards ensuring that—
• Right to work a. every citizen, without discrimination on any grounds whatsoever, shall
have the opportunity for securing adequate means of livelihood as well as
adequate opportunities to secure suitable employment;
• Right to rest and leisure b. conditions of service and work are fair, just and humane and that there are
• Right to safe work environment
adequate facilities for leisure and for social, religious and cultural life;
c. the health, safety and welfare of all persons in employment are safeguarded
and not endangered or abused, and in particular that special provisions be
made for working women with children, having due regard to the resources
of the State;
• Right to health care d. there are adequate medical and health facilities for all persons, having due
regard to the resources of the State;
• Right to equal pay for work e. there is equal pay for equal work without discrimination on account of sex,
and that adequate and satisfactory remuneration is paid to all persons in
employment; and
• State support for the elderly f. the care and welfare of the aged, young and disabled shall be actively
• State support for the disabled
• State support for children promoted and safeguarded.
9. Educational objectives
1. The Government shall direct its policy towards ensuring that there are equal
rights and adequate educational opportunities for all citizens at all levels by—
• Access to higher education a. ensuring that every citizen is given the opportunity to be educated to the
best of his ability, aptitude and inclination by providing educational
facilities at all levels and aspects of education such as primary, secondary,
vocational, technical, college and university;
b. safeguarding the rights of vulnerable groups, such as children, women and

the disabled in securing educational facilities; and
c. providing the necessary structures, finance and supportive facilities for

education as and when practicable.
• Free education 2. The Government shall strive to eradicate illiteracy, and to this end shall direct its
educational policy towards achieving—
a. free adult literacy programmes;
• Compulsory education b. free compulsory basic education at primary and junior secondary school
levels; and

c. free senior secondary education as and when practicable.

• Official or national languages 3. The Government shall promote the learning of indigenous languages and the
• Protection of language use
• Reference to science study and application of modern science, foreign languages, technology,
commerce and business.
10. Foreign policy objectives

The Foreign Policy Objectives of the State shall be—
a. the promotion and protection of the National interest;
• Regional group(s) b. the promotion of sub-regional, regional and inter-African co-operation and
unity;
c. the promotion of international co-operation for the consolidation of

international peace and security and mutual respect among all nations, and
respect for their territorial integrity and independence; and
• International law d. respect for international law and treaty obligations, as well as the seeking
of settlement of international disputes by negotiation, conciliation,
arbitration or adjudication.
• Radio
• Television
11. Obligations of the mass media
The press, radio and television and other agencies of the mass media shall at all times
be free to uphold the fundamental objectives contained in this Constitution and
highlight the responsibility and accountability of the Government to the people.
• Right to culture 12. Enhancement of national culture

The Government shall—
• Reference to art a. promote Sierra Leonean culture such as music, art, dance, science,
philosophy, education and traditional medicine which is compatible with
national development;
b. recognize traditional Sierra Leonean institutions compatible with national

development;
c. protect and enhance the cultures of Sierra Leone; and
d. facilitate the provision of funds for the development of culture in Sierra

Leone.
• Binding effect of const rights 13. Duties of the citizen

Every citizen shall—
a. abide by this Constitution, respect its ideals and its institutions, the
National Flag, the National Anthem and authorities and offices established

• Duty to obey the constitution
or constituted under this Constitution or any other law;
b. cultivate a sense of nationalism and patriotism so that loyalty to the State

shall override sectional, ethnic, tribal or other loyalties;
c. protect and preserve public property and prevent the misappropriation and
squandering of funds belonging to the Government, local authorities or
public corporations;
• Duty to serve in the military d. help enhance the power, prestige and good name of the State and to defend
the State and render national service as may be required;
e. respect the dignity and religion of other individuals, and the rights and
interests of others;
f. make positive and useful contributions to the advancement, progress, and

well-being of the community, wherever he resides;
• Right to choose occupation g. work conscientiously in a lawful and chosen occupation and abstain from
• Duty to work
any activity detrimental to the general welfare of others;
h. ensure the proper control and upbringing of his children and wards;
i. participate in and defend all democratic processes and practices; and
j. render assistance to appropriate and lawful agencies in the maintenance of

law and order.
14. Fundamental principles not justiciable

Notwithstanding the provisions of section 4, the provisions contained in this Chapter
shall not confer legal rights and shall not be enforceable in any court of law, but the
principles contained therein shall nevertheless be fundamental in the governance of
the State, and it shall be the duty of Parliament to apply these principles in making
laws.
CHAPTER III: THE RECOGNITION AND PROTECTION OF

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS OF
THE INDIVIDUAL
15. Fundamental Human Rights and Freedoms of the

Individual
Whereas every person in Sierra Leone is entitled to the fundamental human rights
and freedoms of the individual, that is to say, has the right, whatever his race, tribe,
place of origin, political opinion, colour, creed or sex, but subject to respect for the
rights and freedoms of others and for the public interest, to each and all of the
following—

• Right to own property a. life, liberty, security of person, the enjoyment of property, and the
protection of law;
• Freedom of assembly b. freedom of conscience, of expression and of assembly and association;

• Freedom of association
c. respect for private and family life; and
d. protection from deprivation of property without compensation;

the subsequent provisions of this Chapter shall have effect for the purpose of
affording protection to the aforesaid rights and freedoms, subject to such limitations
of that protection as are contained in those provisions, being limitations designed to
ensure that the enjoyment of the said rights and freedoms by any individual does not
prejudice the rights and freedoms of others, or the public interest.
16. Protection of right to life

• Right to life 1. No person shall be deprived of his life intentionally except in execution of the
sentence of a court in respect of a criminal offence under the laws of Sierra
Leone, of which he has been convicted.
2. Without prejudice to any liability for a contravention of any other law with
respect to the use of force in such cases as are hereinafter mentioned, a person
shall not be regarded as having been deprived of his life in contravention of this
section if he dies as a result of the use of force to such extent as is reasonably
justifiable in the circumstances of the case, that is to say—
a. for the defence of any person from unlawful violence or for the defence of
property; or
b. in order to effect a lawful arrest or to prevent the escape of a person

lawfully detained; or
c. for the purpose of suppressing a riot, insurrection or mutiny; or
d. in order to prevent the commission by that person of a criminal offence; or
e. if he dies as a result of a lawful act of war.
17. Protection from arbitrary arrest or detention

• Protection from unjustified restraint 1. No person shall be deprived of his personal liberty except as may be authorised
by law in any of the following cases, that is to say—
a. in consequence of his unfitness to plead to a criminal charge; or
b. in the execution of a sentence or order of a Court whether in Sierra Leone

or elsewhere in respect of a criminal offence of which he has been
convicted; or

c. in the execution of an order of the High Court or the Court of Appeal or the
Supreme Court or such other court as may be prescribed by Parliament on
the grounds of his contempt of any such court or of another court or
tribunal or commission of inquiry as the case may be; or
d. in the execution of an Order of a court made in order to secure the

fulfilment of any obligation imposed on him by law; or
e. for the purpose of bringing him before a court or tribunal, as the case may
be, in execution of the order of a court; or
f. upon reasonable suspicion of his having committed or of being about to

commit a criminal offence; or
g. in the case of a person who has not attained the age of twenty-one years,
for the purpose of his education or welfare; or
h. for the purpose of preventing the spread of an infectious or contagious

disease; or
i. in the case of a person who is, or is reasonably suspected to be, of unsound

mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care
or treatment or the protection of the community; or
• Extradition procedure j. for the purpose of preventing the unlawful entry of that person into Sierra
Leone, or for the purpose of effecting the expulsion, extradition or other
lawful removal of that person from Sierra Leone or the taking of
proceedings thereto.
2. Any person who—
a. is arrested or detained shall be informed in writing or in a language that he

understands at the time of his arrest, and in any event not later than
twenty-four hours, of the facts and grounds for his arrest or detention;
• Right to counsel b. is arrested or detained shall be informed immediately at the time of his
arrest of his right of access to a legal practitioner or any person of his
choice, and shall be permitted at his own expense to instruct without delay
a legal practitioner of his own choice and to communicate with him
confidentially.
3. Any person who is arrested or detained in such a case as is mentioned in
paragraph (e) or (f) of subsection (1) and who is not released shall be brought
before a court of law—
a. within ten days from the date of arrest in cases of capital offences, offences
carrying life imprisonment and economic and environmental offences; and
b. within seventy-two hours of his arrest in case of other offences;

and if any person arrested or detained in such a case as is mentioned in the said
paragraph (f) is not tried within the periods specified in paragraph (a) or (b) of
this section, as the case may be, then without prejudice to any further
proceedings which may be brought against him he shall be released either
unconditionally or upon reasonable conditions, including in particular, such
conditions as are reasonably necessary to ensure that he appears at a later date
for trial or proceedings preliminary to trial.
• Protection from false imprisonment 4. Any person who is unlawfully arrested or detained by any other person shall be
entitled to compensation therefor from that other person.
18. Protection of freedom of movement

• Freedom of movement 1. No person shall be deprived of his freedom of movement, and for the purpose of
this section the said freedom means the right to move freely throughout Sierra
Leone, the right to reside in any part of Sierra Leone, the right to enter or leave
Sierra Leone, and immunity from expulsion from Sierra Leone.
2. Any restriction on a person’s freedom of movement which is involved in his
lawful detention shall not be held to be inconsistent with or in contravention of
this section.
3. Nothing contained in or done under authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision—
• Protection of environment a. which is reasonably required in the interests of defence, public safety,
public order, public morality, public health or the conservation of the
natural resources, such as mineral, marine, forest and other resources of
Sierra Leone, except in so far as that provision or, as the case may be, the
thing done under the authority thereof is shown not to be reasonably
justifiable in a democratic society; or
b. for the imposition of restrictions on the movement or residence within

Sierra Leone of any person who is not a citizen thereof or the exclusion or
expulsion from Sierra Leone of any such persons; or
c. for the imposition of restrictions on the acquisition or use by any person of

land or other property in Sierra Leone; or
d. for the imposition of restrictions upon the movement or residence within

Sierra Leone of public officers or members of a defence force; or
e. for the removal of a person from Sierra Leone to be tried outside Sierra
Leone for a criminal offence recognised as such by the laws of Sierra Leone,
or to serve a term of imprisonment outside Sierra Leone in the execution of
the sentence of a court in respect of a criminal offence of which he has been
convicted; or
f. for preventing the departure from Sierra Leone of a person who is

reasonably suspected of having committed a crime or seeking to evade the
fulfilment of an obligation imposed on him under the civil law or to evade
military service:
Provided that no court or other authority shall prohibit any such person
from entering into or residing in any place to which he is indigenous; or

g. for restricting vagrancy.

4. If—
a. any person whose freedom of movement has been restricted by virtue only
of such a provision as is referred to in paragraph (a) of subsection (3) so
requests at any time during the period of that restriction not earlier than
thirty days after he last made such a request during that period, his case
shall be reviewed by an independent and impartial tribunal, established by
law, comprising not more than three persons from amongst persons of not
less than fifteen years’ standing entitled to practice in Sierra Leone as legal
practitioners;
b. any tribunal has been set up under paragraph (a), the Chairman of that
tribunal shall be appointed by the Chief Justice, and the two other members
of the tribunal shall be nominated by the Sierra Leone Bar Association.
5. On any review by a tribunal in pursuance of subsection (4) of the case of any
person whose freedom of movement has been restricted, the tribunal may make
recommendations concerning the necessity of expediency of continuing that
restriction to the authority by whom it was ordered, but unless it is otherwise
provided by law, that authority shall not be obliged to act in accordance with
such recommendations.
• Prohibition of slavery 19. Protection from slavery and forced labour

1. No person shall be held in slavery or servitude or be required to perform forced
labour or traffic or deal in human beings.
2. For the purposes of this section the expression “forced labour” does not
include—
a. any labour required in consequence of a sentence or order of a court; or
b. labour required of any person while he is lawfully detained, which though

not required in consequence of the sentence or order of a court, is
reasonably necessary in the interest of hygiene or for the maintenance of
the place in which he is detained; or
• Right to conscientious objection c. any labour required of a member of a defence force in pursuance of his
duties as such or, in the case of a person who has conscientious objections
to service as such a member, any labour which that person is required by
law to perform in place of such service; or
d. any labour required during a period of public emergency or calamity which

threatens the life or well-being of the community; or
e. communal labour or labour which forms part of other civic obligation.
20. Protection from inhuman treatment

• Prohibition of cruel treatment 1. No person shall be subject to any form of torture or any punishment or other
• Prohibition of torture
treatment which is inhuman or degrading.

2. Nothing contained in or done under the authority of any law shall be held to be
question authorises the infliction of any kind of punishment which was lawful
immediately before the entry into force of this Constitution.
• Right to own property 21. Protection from deprivation of property

• Protection from expropriation 1. No property of any description shall be compulsorily taken possession of, and no
interest in or right over property of any description shall be compulsorily
acquired, except where the following conditions are satisfied, that is to say—
a. the taking of possession or acquisition is necessary in the interests of

defence, public safety, public order, public morality, public health, town and
country planning, the development or utilization of any property in such a
manner as to promote the public benefit or the public welfare of citizens of
Sierra Leone; and
b. the necessity therefor is such as to afford reasonable justification for the

causing of any hardship that may result to any person having any interest in
or right over the property; and
c. provision is made by law applicable to that taking of possession or

acquisition—
i. for the prompt payment of adequate compensation; and
ii. securing to any person having an interest in or right over the property,
a right of access to a court or other impartial and independent
authority for the determination of his interest or right, the legality of
the taking of possession or acquisition of the property, interest or
right, and the amount of any compensation to which he is entitled and
for the purpose of obtaining prompt payment of that compensation.
2. Nothing in this section shall be construed as affecting the making or operation of
any law in so far as it provides for the taking of possession or acquisition of
property—
a. in satisfaction of any tax, rate or due;
b. by way of penalty for breach of the law whether under civil process or after
conviction of a criminal offence;
c. as an incident of a lease, tenancy, mortgage charge, bill of sale, pledge or

contract;
d. by way of the vesting or administration of trust property, enemy property;

bona vacantia, property of prohibited aliens, or the property of persons
adjudged or otherwise declared bankrupt or insolvent, persons of unsound
mind, deceased persons, or bodies corporate or incorporate in the course of
being wound up;
e. in the execution of judgements or orders of courts;

f. by reason of such property being in a dangerous state or liable to cause

injuries to the health of human beings, animals or plants;
g. in consequence of any law with respect to the limitation of actions;
h. for so long only as such taking of possession may be necessary for the
purposes of any examination, investigation, trial, or inquiry, or, in the case
of land, the carrying out thereon—
i. of work of soil conservation or the conservation of other natural

resources; or
ii. of agricultural development or improvement which the owner or

occupier of the land has been required, and has without reasonable or
lawful excuse refused or failed to carry out.
3. Nothing in this section shall be construed as affecting the making or operation of
any law for the compulsory taking of possession in the public interest of any
property or the compulsory acquisition in the public interest in or right over
property, where that property, interest or right is held by a body corporate
which is established directly by any law and in which no moneys have been
invested other than moneys provided by Parliament or by the Legislature of the
former Colony and Protectorate of Sierra Leone.
4. Any such property of whatever description compulsorily taken possession of,
and any interest in, or right over, property of any description compulsorily
acquired in the public interest or for public purposes, shall be used only in the
public interest or for the public purposes for which it is taken or acquired.
5. Where any such property as is referred to in subsection (4) is not used in the
public interest or for the public purposes for which it was taken or acquired, the
person who was the owner immediately before the compulsory taking or
acquisition, as the case may be, shall be given the first option of acquiring that
property, in which event he shall be required to refund the whole or such part of
the compensation as may be agreed upon between the parties thereto; and in
the absence of any such agreement such amount as shall be determined by the
High Court.
22. Protection for privacy of home and other property

• Right to privacy 1. Except with his own consent, no person shall be subjected to the search of his
person or his property or the entry by others on his premises, or interference
with his correspondence, telephone conversations and telegraphic and
electronic communications.
2. Nothing contained in or done under authority of any law shall be held to be
question makes provision that is reasonably required—
a. in the interest of defence, public safety, public order, public morality, public
health, town and country planning, or the development or utilization of any
property in such a manner as to promote the public benefit; or

b. to enable anybody corporate established directly by any law or any

department of the Government or any local authority to enter on the
premises of any person in order to carry out work in connection with any
property or installation which is lawfully on such premises and which
belongs to that body corporate or to the Government or to that authority,
as the case may be; or
c. for the purpose of protecting the rights and freedoms of other persons; or
• Regulation of evidence collection d. for the purpose of executing any judgement or order of a court; or
e. for the purpose of affording such special care and assistance as are
necessary for the health, safety, development and well-being of women,
children and young persons, the aged and the handicapped;
and except in so far as that provision or, as the case may be, the thing done
under authority thereof is shown not to be reasonably justifiable in a democratic
society.
• Right to fair trial

• Right to speedy trial
23. Provision to secure protection of law
1. Whenever any person is charged with a criminal offence he shall unless the
charge is withdrawn, be afforded a fair hearing within a reasonable time by an
independent and impartial court established by law.
2. Any court or other authority prescribed by law for the determination of the
existence or extent of civil rights or obligations shall be independent and
impartial; and where proceedings for such determination are instituted by or
against any person or authority or the Government before such court or
authority, the case shall be given fair hearing within a reasonable time.
• Right to public trial 3. All proceedings of every court and proceedings relating to the determination of
the existence or the extent of civil rights or obligations before any court or other
authority, including the announcement of the decision of the court or other
authority, shall be held in public:
Provided that the court or other authority may, to such an extent as it may
consider necessary or expedient in circumstances where publicity would
prejudice the interest of justice or interlocutory civil proceedings or to such
extent as it may be empowered or required by law so to do in the interest of
defence, public safety, public order, public morality, the welfare of persons
under the age of twenty-one years or the protection of the private lives of
persons concerned in the proceedings, exclude from its proceedings, persons
other than the parties thereto and their legal representatives.
• Presumption of innocence in trials 4. Every person who is charged with a criminal offence, shall be presumed to be
innocent until he is proved, or has pleaded guilty:
Provided that nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this subsection, to the
extent that the law in question imposes on any person charged as aforesaid the
burden of proving particular facts.
5. Every person who is charged with a criminal offence—
• Trial in native language of accused a. shall be informed at the time he is charged in the language which he
understands and in detail, of the nature of the offence charged;

b. shall be given adequate time and facilities for the preparation of his
defence;
c. shall be permitted to defend himself in person or by a legal practitioner of

his own choice;
• Right to examine evidence/ witnesses d. shall be afforded facilities to examine in person or by his legal practitioner
the witnesses called by the prosecution before any court and to obtain the
attendance and carry out the examination of witnesses to testify on his
behalf before the court on the same conditions as those applying to
witnesses called by the prosecution; and
e. shall be permitted to have without payment the assistance of an interpreter

if he cannot understand the language used at the trial of the charge:
Provided that nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this subsection to the
extent that the law in question prohibits legal representation in a Local Court.
6. When a person is tried for any criminal offence, the accused person or any
person authorised by him in that behalf shall if he so requires, and subject to the
payment of such reasonable fee as may be prescribed by law, be given within a
reasonable time, and in any event not more than three months after trial, a copy
for the use of the accused person of any record of the proceedings made by or
on behalf of the court.
• Protection from ex post facto laws 7. No person shall be held to be guilty of a criminal offence on account of any act or
• Principle of no punishment without law
omission which did not, at the time it took place, constitute such an offence.
8. No penalty shall be imposed for any criminal offence which is severer in degree
or description than the maximum penalty which might have been imposed for
that offence at the time when it was committed.
• Prohibition of double jeopardy 9. No person who shows that he has been tried by any competent court for a
criminal offence and either convicted or acquitted shall again be tried for that
offence or for any other offence of which he could have been convicted at the
trial for that offence save upon the order of a superior court made in the course
of appeal proceedings relating to the conviction or acquittal; and no person shall
be tried for a criminal offence if he shows that he has been pardoned for that
offence:
Provided that nothing in any law shall be held to be inconsistent with or in
contravention of this subsection by reason only that it authorises any court to
try a member of a defence force for a criminal offence notwithstanding any trial
and conviction or acquittal of that member under service law; but any court so
trying such a member and convicting him shall in sentencing him to any
punishment take into account any punishment awarded him under service law.
inconsistent with or in contravention of any provisions of this section, other
than subsections (7) and (8), to the extent that the law in question authorises the
taking during a period of public emergency of measures that are reasonably
justifiable for the purpose of dealing with the situation that exists before or
during that period of public emergency.
11. In paragraphs (c) and (d) of subsection (5), the expression “legal practitioner”
means a person entitled to practise as a Barrister and Solicitor of the High Court.

24. Protection of freedom of conscience

• Freedom of religion 1. Except with his own consent, no person shall be hindered in the enjoyment of his
• Freedom of opinion/thought/conscience
freedom of conscience and for the purpose of this section the said freedom
includes freedom of thought and of religion, freedom to change his religion or
belief, and freedom either alone or in community with others and both in public
and in private to manifest and propagate his religion or belief in worship,
teaching, practice and observance.
2. Except with his own consent (or if he is a miner the consent of his parent or
guardian) no person attending any place of education shall be required to
receive religious instruction or to take part in or to attend any religious
ceremony or observance if that instruction, ceremony or observance relates to a
religion other than his own.
3. No religious community or denomination shall be prevented from providing
religious instruction for persons of that community or denomination in the
course of any education provided by that community or denomination.
4. No person shall be compelled to take any oath which is contrary to his religion or
belief or to take any oath in a manner which is contrary to his religion or belief.
question makes a provision which is reasonably required—
a. in the interest of defence, public safety, public order, public morality or

public health; or
b. for the purpose of protecting the rights and freedoms of other persons
including the right to observe and practise any religion without the
unsolicited intervention of the members of any other religion;
under the authority thereof, is shown not to be reasonably justifiable in a
democratic society.
• Freedom of expression 25. Protection of freedom of expression and the press

1. Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of expression, and for the purpose of this section the said freedom
includes the freedom to hold opinions and to receive and impart ideas and
information without interference, freedom from interference with his
correspondence, freedom to own, establish and operate any medium for the
dissemination of information, ideas and opinions, and academic freedom in
institutions of learning:
Provided that no person other than the Government or any person or body
authorised by the President shall own, establish or operate a television or
wireless broadcasting station for any purpose whatsoever.
a. which is reasonably required—
i. in the interests of defence, public safety, public order, public morality

or public health; or

• Radio ii. for the purpose of protecting the reputations, rights and freedoms of
• Telecommunications
• Television other persons, preventing the disclosure of information received in
confidence, maintaining the authority and independence of the courts,
or regulating the telephony, telegraphy, telecommunications, posts,
wireless broadcasting, television, public exhibitions or public
entertainment; or
b. which imposes restrictions on public officers or members of a defence

force;
under the authority thereof, is shown not to be reasonably justifiable in a
democratic society.
• Freedom of assembly
• Freedom of association
26. Protection of freedom of assembly and association
• Right to join trade unions 1. Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of assembly and association, that is to say, his right to assemble freely
and associate with other persons and in particular to form or belong to any
political party, trade unions or other economic, social or professional
associations, national or international, for the protection of his interests.
a. which is reasonably required—
i. in the interests of defence, public safety, public order, public morality,

public health, or provision for the maintenance of supplies and services
essential to the life of the community; or
ii. for the purpose of protecting the rights and freedoms of other persons;
or
b. which imposes restrictions upon public officers or upon members of a

defence force; or
c. which imposes restrictions on the establishment of political parties, or

regulates the organisation, registration, and functioning or political parties
and the conduct of its members;
and except in so far as that provision, or as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a
democratic society.
• General guarantee of equality 27. Protection from discrimination

1. Subject to the provisions of subsection (4), (5) and (7), no law shall make any
provision which is discriminatory either of itself or in its effect.
2. Subject to the provisions of subsections (6), (7) and (8), no person shall be
treated in a discriminatory manner by any person acting by virtue of any law or
in the performance of the functions of any public office or any public authority.

• Equality regardless of gender 3. In this section the expression “discriminatory” means affording different
• Equality regardless of skin color
• Equality regardless of creed or belief treatment to different persons attributable wholly or mainly to their respective
• Equality regardless of tribe or clan
• Equality regardless of origin descriptions by race, tribe, sex, place of origin, political opinions, colour or creed
• Equality regardless of race
whereby persons of one such description are subjected to disabilities or
restrictions to which persons of another such description are not made subject,
or are accorded privileges or advantages which are not accorded to persons of
another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision—
a. for the appropriation of revenues or other funds of Sierra Leone or for the
imposition of taxation (including the levying of fees for the grant of
licences); or
b. with respect to persons who are not citizens of Sierra Leone; or
c. with respect to persons who acquire citizenship of Sierra Leone by

registration or by naturalization, or by resolution of Parliament; or
d. with respect to adoption, marriage, divorce, burial, devolution of property

on death or other interests of personal law; or
e. for the application in the case of members of a particular race or tribe or

customary law with respect to any matter to the exclusion of any law with
respect to that matter which is applicable in the case of other persons; or
f. for authorising the taking during a period of public emergency of measures

that are reasonably justifiable for the purpose of dealing with the situation
that exists during that period of public emergency; or
g. whereby persons of any such description as mentioned in subsection (3)

may be subjected to any disability or restriction or may be accorded any
privilege or advantage which, having regard to its nature and to special
circumstances pertaining to those persons or to persons of any other such
description, is reasonably justifiable in a democratic society; or
h. for the limitation of citizenship or relating to national registration or to the

collection of demographic statistics.
5. Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) to the extent that it makes provision with
respect to qualifications for service as a public officer or as a member of a
defence force or for the service of a local government authority or a body
corporate established directly by any law or of membership of Parliament.
6. Subsection (2) shall not apply to anything which is expressly or by necessary
implication authorised to be done by any such provisions of law as is referred to
in subsection (4) or (5).
question makes provision whereby persons of any such description as is
mentioned in subsection (3) may be subjected to any restriction of the rights and
freedoms guaranteed by sections 18, 22, 24, 25 and 26 being such a restriction
as is authorised by subsection (3) of section 18, subsection (2) of section 22,
subsection (5) of section 24, subsection (2) of section 25 or subsection (2) of
section 26, as the case may be.

8. The exercise of any discretion relating to the institution, conduct or

discontinuance of civil or criminal proceedings in any court that is vested in any
person under or by this Constitution or any other law shall not be enquired into
by any Court on the grounds that it contravenes the provision of subsection (2).
28. Enforcement of protective provisions

1. Subject to the provisions of subsection (4), if any person alleges that any of the
provisions of sections 16 to 27 (inclusive) has been, is being or is likely to be
contravened in relation to him by any person (or, in the case of a person who is
detained, if any other person alleges such a contravention in relation to the
detained person), then, without prejudice to any other action with respect to the
same matter which is lawfully available, that person, (or that other person), may
apply by motion to the Supreme Court for redress.
2. The Supreme Court shall have original jurisdiction—
a. to hear and determine any application made by any person in pursuance of

subsection (1); and
b. to determine any question arising in the case of any person which is

referred to in pursuance of subsection (3), and may make such order, issue
such writs, and give such directions as it may consider appropriate for the
purpose of enforcing, or securing the enforcement of any of the provisions
of the said sections 16 to 27 (inclusive) to the protection of which the
person concerned is entitled:
Provided that the Supreme Court shall not exercise its powers under this
subsection if it is satisfied that adequate means of redress for the contravention
alleged are or have been available to the person concerned under any other law.
3. If in any proceedings in any court other than the Supreme Court, any question
arises as to the contravention of any of the provisions of sections 16 to 27
inclusive, that court may, and shall if any party to the proceedings so requests,
refer the question to the Supreme Court.
4. a. The Rules of Court Committee may make rules with respect to the practice and
procedure of the Supreme Court for the purposes of this section;
b. Parliament may confer upon the Supreme Court such powers in addition to
those conferred by this section as may appear to Parliament to be necessary or
desirable for the purpose of enabling the court more effectively to exercise the
jurisdiction conferred upon it by this section.
5. Parliament shall make provision—
a. for the rendering of financial assistance to any indigent citizen of Sierra

Leone where his right under this Chapter has been infringed, or with a view
to enabling him to engage the services of a legal practitioner to prosecute
his claim; and
b. for ensuring that allegations of infringements of such rights are substantial

and the requirement or need for financial or legal aid is real.
6. The Supreme Court—
a. consisting of not less than five Justices of the Supreme Court shall consider
every question referred to it under this Chapter for a decision, and, having
heard arguments by or on behalf of the parties by Counsel, shall pronounce
its decision on such question in open court as soon as may be and in any
case not later than thirty days after the date of such reference;

b. shall for the purposes of this Chapter, give its decision by a majority of the
Justices of that Court and such decision shall be pronounced by the Chief
Justice or any other of the Justices as the Court shall direct.
• Emergency provisions 29. Public Emergency

1. Whenever in the opinion of the President a state of public emergency is
imminent or has commenced, the President may, at any time, by Proclamation
which shall be published in the Gazette, declare that—
a. a state of public emergency exists either in any part, or in the whole of

Sierra Leone; or
b. a situation exists which, if it is allowed to continue, may lead to a state of

public emergency in any part of or the whole of Sierra Leone.
2. The President may issue a Proclamation of a state of public emergency only
when—
a. Sierra Leone is at war;
b. Sierra Leone is in imminent danger of invasion or involvement in a state of

war; or
c. there is actual breakdown of public order and public safety in the whole of
Sierra Leone or any part thereof to such an extent as to require
extraordinary measures to restore peace and security; or
d. there is a clear and present danger of an actual breakdown of public order

and public safety in the whole of Sierra Leone or any part thereof requiring
extraordinary measures to avert the same; or
e. there is an occurrence of imminent danger, or the occurrence of any

disaster or natural calamity affecting the community or a section of the
community in Sierra Leone; or
f. there is any other public danger which clearly constitutes a threat to the
existence of Sierra Leone.
3. Every declaration made under subsection (1) shall lapse—
a. in the case of a declaration made when Parliament is sitting at the

expiration of a period of seven days beginning with the date of publication
of the declaration; and
b. in any other case, at the expiration of a period of twenty-one days

beginning with the date of the declaration,
unless it has in the meantime been approved by or superseded by a Resolution
of Parliament supported by the votes of two-thirds of the Members of
Parliament.

4. A declaration made under subsection (1) may at any time before being
superseded by a Resolution of Parliament be revoked by the President by
Proclamation which shall be published in the Gazette, and all measures taken
thereunder shall be deemed valid and lawful and shall not be enquired into by
any court or tribunal.
5. During a period of public emergency, the President may make such regulations
and take such measures as appear to him to be necessary or expedient for the
purpose of maintaining and securing peace, order and good government in
Sierra Leone or any part thereof.
6. Without derogating from the generality of the powers conferred by subsection
(5) and notwithstanding the provisions of this Chapter, the regulations or
measures may, so far as appears to the President to be necessary or expedient
for any of the purposes mentioned in that subsection—
• Power to deport citizens a. make provision for the detention of persons, the restriction of the
movement of persons within defined localities, and the deportation and
exclusion of persons other than citizens of Sierra Leone from Sierra Leone
or any part thereof;
b. authorise—
i. the taking of possession or control on behalf of the Government of any

property or undertaking;
ii. the acquisition on behalf of the Government of any property other

than land;
c. authorise the entering and search of any premises;
d. amend any law, suspend the operation of any law, and apply any law with or
without modification:
Provided that such amendment, suspension or modification shall not apply

to this Constitution;
e. provide for charging, in respect of the grant or issue of any licence, permit,
certificate or other document for the purpose of the regulations, such fees
as may be prescribed by or under the regulations;
f. provide for payment of compensation and remuneration to persons

affected by the regulations;
g. provide for the apprehension, trial and punishment of persons offending

against the regulations;
h. provide for maintaining such supplies and services as are, in the opinion of
the President, essential to the life and well-being of the community:
Provided that nothing in this subsection shall authorise the making of
regulations during a period of public emergency for the trial of persons who are
not members of defence forces by military courts.
7. The payment of any compensation or remuneration under the provisions of such
regulations shall be a charge upon the Consolidated Fund.

8. Regulations made under this section shall apply to the whole of Sierra Leone or
to such parts thereof as may be specified in the regulations.
9. Regulations made under this section may provide for empowering such
authorities or persons as may be specified in the regulations to make Orders and
Rules for any of the purposes for which the regulations are authorised by this
Constitution to be necessary or expedient for the purposes of the regulations.
10. a. Every regulation or measure taken under this section and every order or rule
made in pursuance of such a regulation shall, without prejudice to the validity of
anything lawfully done thereunder, cease to have effect ninety days from the
date upon which it comes into operation unless before the expiration of the
period, it has been approved by resolution passed by Parliament.
b. Any such regulation, order or rule may, without prejudice to the validity of
anything lawfully done thereunder at any time be amended or revoked by the
President.
11. Subject to the provisions of subsections (7) and (8) of section 23, every
regulation made under this section and every order or rule made in pursuance of
such a regulation shall have effect notwithstanding anything inconsistent
therewith contained in any law; and any provision of a law which is inconsistent
with any such regulation, order or rule shall, whether that provision has or has
not been amended, modified or suspended in its operation under any Act, cease
to have effect to the extent that such regulation, order or rule remains in force.
12. A declaration made under subsection (1) that has been approved by or
superseded by a resolution of Parliament in pursuance of subsection (2) shall,
subject to the provisions of subsection (3), remain in force as long as that
resolution remains in force.
13. A resolution of Parliament passed for the purpose of this section shall remain in
force for a period of twelve months or such shorter period as may be specified
therein:
Provided that any such resolution may be extended from time to time by a
further such resolution, supported by the votes of two-thirds of Members of
Parliament, each extension not exceeding twelve months from the date of the
resolution effecting the extension; and any such resolution may be revoked at
any time by a resolution supported by the votes of a simple majority of all the
Members of Parliament.
14. Any provision of this Section that a declaration made under subsection (1) shall
lapse or cease to be in force at any particular time is without prejudice to the
making of a further such declaration whether before or after that time.
15. Every document purporting to be an instrument made or issued by the
President or other authority or person in pursuance of this section, or of any
regulation made thereunder and to be signed by or on behalf of the President or
such other authority or person, shall be received in evidence, and shall, until the
contrary be proved, be deemed to be an instrument made or issued by the
President or that authority or person.
16. The President may summon Parliament to meet for the purpose of subsection
(2) notwithstanding that Parliament then stands dissolved, and the persons who
were Members of Parliament immediately before the dissolution shall be
deemed, for those purposes, still to be Members of Parliament but subject to the
provisions of section 79 of this Constitution (which relates to the election of the
Speaker of Parliament), without prejudice to the provisions of section 85 of this
Constitution (which relates to the prolongation of the life of Parliament during a
period of public emergency), Parliament shall not when summoned by virtue of
this subsection transact any business other than debating and voting upon a
resolution for the purpose of subsection (2).

17. During a period of detention—
a. if any person who is detained in such a case as is mentioned in paragraph (a)

of subsection (6) and who is not released so requests at any time not earlier
than thirty days after he last made such a request during that period, his
case shall be reviewed by an independent and impartial tribunal established
by law, comprising not more than three persons from amongst persons of
not less than fifteen year’s standing entitled to practise in Sierra Leone as
legal practitioners;
b. the Chairman of the tribunal, set up under paragraph (a) shall be appointed
by the Chief Justice, and the two other members shall be nominated by the
Sierra Leone Bar Association;
c. on any review by a tribunal in pursuance of paragraph (a) of the case of any

detained person, the tribunal may make recommendations concerning the
necessity or expediency of continuing his detention to the authority by
whom it was ordered, but unless it is otherwise provided by law, that
authority shall not be obliged to act in accordance with any such
recommendations.
question authorises the taking during a period of a state of public emergency of
measures that are reasonably justifiable for the purpose of dealing with the
situation that exists immediately before and during that period of a state of
public emergency.
30. Interpretation of Chapter III

1. In this Chapter, unless the context otherwise requires, the following expressions
have the following meanings respectively, that is to say—
• “contravention” in relation to any requirement includes a failure to comply

with that requirement, and cognate expressions shall be construed
accordingly;
• “court” means any court of law in Sierra Leone other than a local court or a
court constituted by or under service law and—
a. in section 16, section 17, section 18, section 19, subsections (3), (5), (6),
(9) (but not the proviso thereto) and (11) of Section 23, subsection (2)
of section 25, subsection 8 of section 27, subsection (3) of section 28
and subsection (4) of section 29 includes, in relation to an offence
against service law, a court so constituted; and
b. in sections 17 and 19, and subsection (8) of section 27, includes, in

relation to an offence against service law, an officer of a defence force
or of the Sierra Leone Police Force;
• “defence force” means any naval, military or airforce of the Government of

the Republic of Sierra Leone;

• “member” in relation to a defence force or other disciplined force, includes

any person who, under the law regulating the discipline of that force, is
subject to that discipline;
• “owner” includes any person or his successor in title deprived of any right
or interest pursuant to section 21; and
• “service law” means the law regarding the discipline of a defence force or of
the Sierra Leone Police Force or the Prisons Service or any disciplined
volunteer force.
2. References in sections 16, 17, 18 and 21 to a “criminal offence” shall be
construed as including references to an offence against service law and such
references in subsections (4) to (9) of section 23 shall, in relation to proceedings
before a court constituted by or under service law, be similarly construed.
3. Nothing done by or under the authority of the law of any country other than
Sierra Leone to a member of an armed force raised under that law and lawfully
present in Sierra Leone shall be held to be in contravention of the provisions of
this Chapter.
4. In relation to any person who is a member of a disciplined force raised under an
Act of Parliament, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter.
5. In relation to any person who is a member of a disciplined force raised otherwise
than as aforesaid and lawfully present in Sierra Leone, nothing contained in or
done under the authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this Chapter.
6. In determining the appropriate “majority of all Members of Parliament” account
shall only be taken of the persons actually and validly existing as Members of
Parliament at the relevant time.
CHAPTER IV: THE REPRESENTATION OF THE PEOPLE
• Restrictions on voting 31. Registration of voters

Every citizen of Sierra Leone being eighteen years of age and above and of sound
mind shall have the right to vote, and accordingly shall be entitled to be registered as
a voter for the purposes of public elections and referenda.
32. Electoral Commission

1. There shall be an Electoral Commission for Sierra Leone.
2. The members of the Electoral Commission shall be a Chief Electoral
Commissioner, who shall be Chairman, and four other members who shall be
known as Electoral Commissioners.
• Electoral commission 3. The members of the Electoral Commission shall be appointed by the President
after consultation with the leaders of all registered political parties and subject
to the approval of Parliament.
4. A person shall not be qualified—
a. for appointment as a member of the Electoral Commission if he is not

qualified to be elected as a Member of Parliament, or

b. to hold office as a member of the Electoral Commission if he is a Minister, a

Deputy Minister, a Member of Parliament, or a public officer, or if he has
attained the age of sixty-five years.
5. The terms and conditions of service of members of the Electoral Commission
shall be such as Parliament shall prescribe.
6. A member of the Electoral Commission shall before assuming the functions of
his office, take and subscribe before the President the Oath as set out in the
Third Schedule to this Constitution.
7. Subject to the provisions of this section, a member of the Electoral Commission
shall vacate his office—
a. at the expiration of five years from the date of his appointment; or
b. on attaining the age of sixty-five years; or
c. if any circumstances arise which, if he were not a member of the

Commission, would cause him to be disqualified for appointment as such.
8. A member of the Electoral Commission may be removed from office by the
President for inability to discharge the functions of his office (whether arising
from infirmity of mind or body or any other cause) or for misbehaviour.
9. A member of the Electoral Commission shall not be removed from office except
in accordance with the provisions of this section.
10. Whenever a member of the Electoral Commission dies, resigns, is removed from
office, or is absent from Sierra Leone, or is by reason of illness or any other cause
unable to perform the functions of his office, the President may appoint a person
who is qualified to be appointed Electoral Commissioner and any person so
appointed shall, subject to the provisions of subsections (6) and (7), continue to
perform those functions until his appointment is revoked by the President, or
until the Electoral Commissioner is able to perform those functions, or until the
appointment of a new Electoral Commissioner.
11. In the exercise of any functions vested in it by this Constitution, the Electoral
Commission shall not be subject to the direction or control of any person or
authority.
12. The Chief Electoral Commissioner shall submit a report on the programme and
work of the Electoral Commission at least once a year to the President and a
copy of such report shall be laid before Parliament.
• Electoral commission 33. Functions of the Electoral Commission

Subject to the provisions of this Constitution, the Electoral Commission shall be
responsible for the conduct and supervision of the registration of voters for, and of,
all public elections and referenda; and for that purpose shall have power to make
regulations by statutory instrument for the registration of voters, the conduct of
Presidential, Parliamentary or Local Government elections and referenda, and other
matters connected therewith, including regulations for voting by proxy.

• Regulation of political parties 34. Political Parties Registration Commission

1. There shall be a Political Parties Registration Commission which shall consist of
four members appointed by the President, namely—
a. the Chairman of the Commission, who shall be a person who has held
Judicial office or is qualified to be appointed a Judge of the Superior Court
of Judicature nominated by the Judicial and Legal Service Commission;
b. the Chief Electoral Commissioner;
c. a legal practitioner nominated by the Sierra Leone Bar Association; and
d. a member nominated by the Sierra Leone Labour Congress.

2. The members of the Commission, other than the Chief Electoral Commissioner,
shall be appointed by the President, subject to the approval of Parliament.
3. The Administrator and Registrar-General shall be Secretary to the Commission.
4. The Commission shall be responsible for the registration of all political parties
and for that purpose may make such regulations as may be necessary for the
discharge of its responsibilities under this Constitution:
Provided that the first registration of political parties after the coming into force
of this Constitution shall be undertaken by the Electoral Commission.
5. In the exercise of any functions vested in it by this Constitution, the Commission
shall not be subject to the direction or control of any person or authority, save
only as regards the right to appeal contained in section 35.
• Secret ballot 35. Registration and conduct of political parties

• Right to form political parties 1. Subject to the provisions of this section, political parties may be established to
participate in shaping the political will of the people, to disseminate information
on political ideas, and social and economic programmes of a national character,
and to sponsor candidates for Presidential, Parliamentary or Local Government
elections.
2. The internal organisation of a political party shall conform to democratic
principles, and its aims, objectives, purposes and programmes shall not
contravene, or be inconsistent with, any provisions of this Constitution.
3. A statement of the sources of income and the audited accounts of a political
party, together with a statement of its assets and liabilities, shall be submitted
annually to the Political Parties Registration Commission, but no such account
shall be audited by a member of the political party whose account is submitted.
4. No political party shall have as a leader a person who is not qualified to be
elected as a Member of Parliament.
• Prohibited political parties 5. No association, by whatever name called, shall be registered or be allowed to
• Restrictions on political parties
• Regulation of political parties operate or to function as a political party if the Political Parties Registration
Commission is satisfied that—
a. membership or leadership of the party is restricted to members of any

particular tribal or ethnic group or religious faith; or
b. the name, symbol, colour or motto of the party has exclusive or particular
significance or connotation to members of any particular tribal or ethnic
group or religious faith; or

c. the party is formed for the sole purpose of securing or advancing the
interests and welfare of a particular tribal or ethnic group, community,
geographical area or religious faith; or
d. the party does not have a registered office in each of the Provincial
Headquarter towns and the Western Area.
6. Subject to the provisions of this Constitution, and in furtherance of the
provisions of this section, Parliament may make laws regulating the registration,
functions and operation of political parties.
7. Any association aggrieved by a decision of the Political Parties Registration
Commission under this section may appeal to the Supreme Court and the
decision of the Court shall be final.
8. For the purposes of this section the expression—
• “association” includes anybody of persons, corporate or incorporate, who

agree to act together for any common purpose, or an association formed
for any ethnic, social, cultural, occupational or religious purpose; and
• “political party” means any association registered as a political party as

prescribed by subsection (5).
36. Secret ballot

At any public elections or referenda voting shall be by secret ballot.
• Referenda 37. Referendum

1. In any referendum held pursuant to an Act of Parliament, every person who is
entitled to vote in elections of Members of Parliament shall be entitled to vote
at such referendum and no other person may so vote; and the issue in the
referendum shall not be regarded as having been approved at that referendum
unless it was so approved by the votes of not less than one-half of all such
persons or by not less than two-thirds of all the valid votes cast.
2. The conduct of any referendum for the purposes of subsection (1) shall be under
the general supervision of the Electoral Commission and the provisions of
Section 38 of this Constitution shall apply in relation to the exercise by the
Electoral Commission of its functions with respect to a referendum as they apply
in relation to the exercise of its functions with respect to elections of Members
of Parliament.
3. A Bill for an Act of Parliament under this Section shall not be submitted to the
President for his assent unless it is accompanied by a certificate under the hand
of the Speaker (or if the Speaker is for any reason unable to exercise the
functions of his office, the Deputy Speaker) that the provisions of subsections
(1), (2) and (3) of section 106 and, where appropriate, the provisions of
subsections (1) and (2) have been complied with.
• First chamber selection 38. Constituencies and elections

• Electoral districts 1. Sierra Leone shall be divided into such constituencies for the purpose of electing
the Members of Parliament referred to in paragraph (b) of subsection (1) of
section 74 of this Constitution as the Electoral Commission, acting with the
approval of Parliament signified by resolution of Parliament, may prescribe.

2. Every constituency established under this section shall return one Member of
Parliament.
3. The boundaries of each constituency shall be such that the number of
inhabitants thereof is as nearly equal to the population quota as is reasonably
practicable:
Provided that the number of inhabitants of such a constituency may be greater
or less than the population quota in order to take account of means of
communications, geographical features, density of population, the distribution
of different communities, the areas and boundaries of the Chiefdoms and other
administrative or traditional areas.
4. The Electoral Commission shall review the division of Sierra Leone into
constituencies at intervals of not less than five and not more than seven years,
and may alter the constituencies in accordance with the provisions of this
section to such extent as it may consider desirable in the light of the review:
• Census Provided that the Commission may at any time carry out such a review and alter
the constituencies in accordance with the provisions of this section to such
extent as it considers necessary in consequence of any alteration in the number
of Members of Parliament referred to in paragraph (b) of subsection (1) of
section 74 by reason of the holding of a census of the population of Sierra Leone
in pursuance of an Act of Parliament.
5. Where the boundaries of any constituency are altered in accordance with the
provisions of this section, that alteration shall come into effect upon the next
dissolution of Parliament after the alteration has been approved by Parliament.
6. In this section “population quota” means the number obtained by dividing the
number of inhabitants of Sierra Leone by the number of constituencies into
which Sierra Leone is divided under this section.
7. For the purposes of this section the number of inhabitants of Sierra Leone shall
be ascertained by reference to the latest census of the population of Sierra
Leone held in pursuance of an Act of Parliament or if no census has been so held,
by reference to any available information, which in the opinion of the Electoral
Commission best indicates the number of those inhabitants.
8. The registration of voters and the conduct of elections in every constituency
shall be subject to the direction and supervision of the Electoral Commission,
and it shall cause the register of voters to be revised and reviewed at least once
in every three years.
38A. Election by district block representation system

1. Where, under any law for the time being in force, a date for a general election of
Members of Parliament has been appointed but constituencies have not been
established in accordance with subsection (3) of section 38 for the purposes of
such election, the President may, after consultation with the Electoral
Commission, direct that such election shall be conducted on the basis of the
existing districts in a manner to be known as the district block representation
system instead of constituencies.
2. In the district block representation system, the election shall be contested in
each specified district by political parties for the block or number of seats in
Parliament allocated to the district by or under an Act of Parliament and the
political parties shall be allocated seats in Parliament by the Electoral
Commission on the basis of their proportional share of the total district vote.
3. Members of Parliament for the seats won by a political party in a district shall be
determined by the Electoral Commission from a list of the candidates of that
political party for the district submitted to the Electoral Commission before the
date of the election and showing the order of preference of the candidates.

4. The number of candidates on the list referred to in subsection (3) shall be not
less than double the block or number of seats allocated to the district so as to
enable vacancies in Parliament to be filled by the Electoral Commission from
that list as and when such vacancies occur.
• Replacement of legislators 39. Filling of vacancies

1. When the seat of any member of Parliament becomes vacant, the vacancy shall
be filled by election, not later than six months after the vacancy occurs, in
accordance with the provisions of law relating to such election:
Provided that if Parliament is dissolved before such election is due to be held,
the vacancy shall be filled at the general election.
2. The Proclamation appointing a date for the holding of an election to fill a
vacancy shall be published in the Gazette not less than twenty-one days before
the date appointed for holding the election.
CHAPTER V: THE EXECUTIVE
PART I: THE PRESIDENT
• Name/structure of executive(s) 40. Office of President

• Designation of commander in chief 1. There shall be a President of the Republic of Sierra Leone who shall be Head of
State, the supreme executive authority of the Republic and
Commander-in-Chief of the Armed Forces.
2. The President shall be the Fountain of Honour and Justice and the symbol of
national unity and sovereignty.
• International law 3. The President shall be the guardian of the Constitution and the guarantor of
national independence and territorial integrity, and shall ensure respect for
treaties and international agreements.
• Head of state powers 4. Notwithstanding any provisions of this Constitution or any other law to the
contrary, the President shall, without prejudice to any such law as may for the
time being be adopted by Parliament, be responsible, in addition to the functions
conferred upon him in the Constitution, for—
a. all constitutional matters concerning legislation;
• Foreign affairs representative b. relations with Foreign States;
• Foreign affairs representative c. the reception of envoys accreditted to Sierra Leone and the appointment of
principal representatives of Sierra Leone abroad;
• Treaty ratification d. the execution of treaties, agreements or conventions in the name of Sierra
Leone;
• Power to pardon e. the exercise of the Prerogative of Mercy;
f. the grant of Honours and Awards;
• Power to declare/approve war g. the declaration of war; and

h. such other matters as may be referred to the President by Parliament:

Provided that any Treaty, Agreement or Convention executed by or under the
authority of the President which relates to any matter within the legislative
competence of Parliament, or which in any way alters the law of Sierra Leone or
imposes any charge on, or authorises any expenditure out of, the Consolidated
Fund or any other fund of Sierra Leone, and any declaration of war made by the
President shall be subject to ratification by Parliament—
i. by an enactment of Parliament; or
ii. by a resolution supported by the votes of not less than one-half of the
• Eligibility for head of state 41. Qualifications for Office of President

No person shall be qualified for election as President unless he—
a. is a citizen of Sierra Leone;
b. is a member of a political party;
• Minimum age of head of state c. has attained the age of forty years; and
d. is otherwise qualified to be elected as a Member of Parliament.
• Head of state selection 42. Election of President

1. A Presidential candidate shall be nominated by a political party.
2. The following provisions shall apply to an election to the office of President—
a. all persons registered in Sierra Leone as voters for the purposes of election
to Parliament shall be entitled to vote in the election;
• Scheduling of elections b. the poll shall be taken by a secret ballot on such day or days, at such time,
and in such manner as may be prescribed by or under an Act of Parliament;
c. a candidate for an election to the office of President shall be deemed to

have been duly elected to such office where he is the only candidate
nominated for the election after the close of nomination;
d. where in an election to the office of President a candidate nominated for

the election dies, is incapacitated or disqualified, the party which
nominated him shall within seven days of such death, incapacitation or
disqualification, nominate another candidate;
e. no person shall be elected as President of Sierra Leone unless at the

Presidential election he has polled not less than fifty-five per cent of the
valid votes in his favour; and

f. in default of a candidate being duly elected under paragraph (e), the two
candidates with the highest number or numbers of votes shall go forward
to a second election which shall be held within fourteen days of the
announcement of the result of the previous election, and the candidate
polling the higher number of votes cast in his favour shall be declared
President.
3. A person elected to the office of President under this section shall assume that
office on the day upon which he is declared elected by the Returning Officer, or
upon the date that his predecessor’s term of office expires, whichever is the
latter.
43. Period during which Presidential election shall take

place
A Presidential election shall take place—
a. where the office of President is to become vacant by effluxion of time and

the President continues in office after the beginning of the period of four
months ending with the date when his term of office would expire by
effluxion of time, during the first three months of that period;
b. in any other case, during the period of three months beginning with the
date when the office of President becomes vacant:
Provided that—
a. where any proceedings have been lawfully commenced or taken for the
purposes of the election and assumption of office of a President, it shall not
be recommended or retaken whether or not a President has thereby been
duly elected, by reason only that a vacancy has occurred in the office of
President otherwise than by effluxion of time; and the said proceedings
shall, subject to the provisions of this Constitution, be continued and
completed in accordance with this Constitution and any other law for the
time being in force relating thereto, with such modification as may be
necessary;
b. where the office of President becomes vacant during a period when

Parliament is dissolved, the Presidential election shall be held and
completed before the election of Members of Parliament; and
c. Where any proceedings have been lawfully commenced or taken for the
purposes of the election and assumption of office of a President, if in such
proceedings, due to any exceptional circumstances, a date has been
appointed independently of paragraphs (a) and (b) of section 43 for the
holding of the elections, such date shall be taken to be included in any
period required to enable the President to continue in office as if
Parliament has granted an extension of the presidential term of office
under section 49(2) for a period of four months commencing from any date
on which the presidential term would have otherwise expired, but the
foregoing shall be without prejudice to subsection (3) of section 42.

44. Parliament to make laws for election of President

Parliament shall make laws for the purpose of regulating the election of the
President and other matters connected therewith.
45. Presidential Returning Officer

1. The Chief Electoral Commissioner shall be the Returning Officer for the election
of a President.
2. Any question which may arise as to whether—
a. any provision of this Constitution or any law relating to the election of a

President under sections 42 and 43 of this Constitution has been complied
with; or
b. any person has been validly elected as President under section 42 of this
Constitution or any other law,
shall be referred to and determined by the Supreme Court.
• Oaths to abide by constitution 46. Tenure of office of President, etc

• Head of state term length 1. No person shall hold office as President for more than two terms of five years
• Head of state term limits
each whether or not the terms are consecutive.
2. Any person who is elected President while he is, or has been elected a Member
of Parliament shall, on assuming office as President, cease to be an elected
Member of Parliament and his seat shall be declared vacant.
3. The President shall not, while he continues in office as President, hold any other
office of profit or emolument in the service of Sierra Leone or occupy any other
position carrying the right to remuneration for rendering services.
4. Upon his assumption of office, the President shall take and subscribe the oath
for the due execution of his office as set out in the Second Schedule to this
Constitution. [FN: Second Schedule.]
5. The oath aforesaid shall be administered by the Chief Justice of Sierra Leone or
the person for the time being appointed to exercise the functions of the Chief
Justice.
47. President in Parliament

The President shall be entitled to address Parliament in person or to send a message
to Parliament to be read by his Vice-President or a Minister on his behalf.
48. Incidents of office, etc

1. The President shall receive such salary and allowances as may be prescribed by
Parliament and such salary and allowances payable to the President are hereby
charged on the Consolidated Fund.
2. The salary and allowances of the President shall not be altered to his
disadvantage during his tenure of office.
3. The President shall be exempted from personal taxation.
4. While any person holds or performs the functions of the office of President, no
civil or criminal proceedings shall be instituted or continued against him in
respect of anything done or omitted to be done by him either in his official or
private capacity

5. The President shall be entitled to such pension and retiring benefits as shall be
prescribed by Parliament.
49. Vacancy in office of President

1. The office of President shall become vacant—
a. on the expiration of any of the terms prescribed in subsection (1) of section

46 of this Constitution; or
b. where the incumbent dies or resigns or retires from that office; or
c. where the incumbent ceases to hold that office in pursuance of section 50

or 51 of this Constitution:
Provided that the President shall not resign or retire from this office even at the
due expiration of his term of office while a general election of Members of
Parliament is pending within the ensuing three months, or where a state of
public emergency has been declared.
2. If Sierra Leone is at war in which the national territory is physically involved, and
the President considers that it is not practicable to hold elections, Parliament
may by resolution extend the period of five years mentioned in sub-section (1) of
section 46, but no such extension shall exceed a period of six months at any one
time.
3. Any resignation or retirement by a person from the office of President shall be in
writing addressed to the Chief Justice and a copy thereof shall be sent to the
Speaker and the Chief Electoral Commissioner.
• Head of state replacement 4. Whenever the President dies, resigns, retires or is removed from office as a
result of paragraphs (b) and (c) of subsection (1), the Vice-President shall assume
office as President for the unexpired term of the President with effect from the
date of the death, resignation, retirement or removal of the President, as the
case may be.
5. The Vice-President shall, before assuming office as President in accordance with
subsection (4), take and subscribe the oath for the due execution of his office as
set out in the Second Schedule to this Constitution.
• Head of state removal 50. Mental or physical incapacity

1. Where the Cabinet has resolved that the question of the mental or physical
capacity of the President to discharge the functions conferred on him by this
Constitution ought to be investigated and has informed the Speaker accordingly,
the Speaker shall, in consultation with the Head of the Medical Service of Sierra
Leone, appoint a Board consisting of not less than five persons selected by him
from among persons registered as medical practitioners under the laws of Sierra
Leone.
2. The Board appointed under subsection (1) shall enquire into the matter and
make a report to the Speaker stating the opinion of the Board whether or not
the President is, by reason of any infirmity of mind or body, incapable of
discharging the functions conferred on the President by this Constitution.

3. Where the Cabinet has resolved that the question of the mental or physical
capacity of the President to discharge the functions conferred on him by this
Constitution ought to be investigated in accordance with the provisions of
subsection (1), the President shall, as soon as another person assumes the office
of President, cease to perform those functions and until the Board submits its
report, those functions shall be exercised in accordance with subsection (1) of
section 52 of this Constitution.
4. Where the Board reports that the President is incapable of discharging the
functions conferred on him by this Constitution by reason of infirmity of mind or
body, the Speaker shall certify in writing accordingly, and thereupon, the
President shall cease to hold office and a vacancy shall be deemed to have
occurred in the office of President and subsection (4) of section 49 of this
Constitution shall apply.
5. Upon receipt of the report of the Board referred to in subsection (4), the
Speaker shall—
a. if Parliament is then sitting or has been summoned to meet, within five days
communicate the report to Parliament;
b. if Parliament is not then sitting, (and notwithstanding that it may be

prorogued), summon Parliament to meet within twenty-one days after the
receipt by the Speaker of the report of the Board and communicate the
report of the Board to Parliament.
6. For the purposes of this section—
a. the Cabinet may act notwithstanding any vacancy in its membership or the
absence of any member;
b. a Certificate by the Speaker that the President is by reason of mental or

physical infirmity unable to discharge the functions of the office of
President conferred on him by this Constitution shall, in respect of any
period for which it is in force, be conclusive and shall not be entertained or
enquired into in any court.
• Head of state removal 51. Misconduct by President

1. If notice in writing is given to the Speaker signed by not less than one-half of all
the Members of Parliament of a motion alleging that the President has
committed any violation of the Constitution or any gross misconduct in the
performance of the functions of his office and specifying the particulars of the
allegations and proposing that a tribunal be appointed under this section to
investigate those allegations, the Speaker shall—
a. if Parliament is then sitting or has been summoned to meet within five days,
cause the motion to be considered by Parliament within seven days of the
receipt of the notice; or
b. if Parliament is not then sitting, (and notwithstanding that it may be

prorogued), summon Parliament to meet within twenty-one days of the
receipt of the notice, and cause the motion to be considered by Parliament.

2. Where a motion under this section is proposed for consideration by Parliament,

it shall meet in secret session and shall not debate the motion, but the Speaker
or the person presiding in Parliament shall forthwith cause a vote to be taken on
the motion and, if the motion is supported by the votes of not less than
two-thirds of all Members of Parliament, shall declare the motion to be passed.
3. If a motion is declared to be passed under subsection (2)—
a. the Speaker shall immediately notify the Chief Justice who shall appoint a
tribunal which shall consist of a Chairman who shall be a Justice of the
Supreme Court and not less than four others selected by the Chief Justice,
at least two of whom shall hold or shall have held high judicial office;
b. the Tribunal shall investigate the matter and shall within the period of three
months from the date on which the motion was passed report to Parliament
through the Speaker whether or not it finds the particulars of the allegation
specified in the motion to have been sustained;
c. the President shall have the right to appear and be represented before the
Tribunal during its investigation of the allegations against him.
4. If the Tribunal reports to Parliament that it finds that the particulars of any
allegations against the President specified in the motion have not been
substantiated, no further proceedings shall be taken under this Section in
respect of that allegation.
5. Where the Tribunal reports to Parliament that it finds that the particulars of any
allegation specified in the motion have been substantiated, Parliament may, in
secret session, on a motion supported by the votes of not less than two-thirds of
all the Members of Parliament, resolve that the President has been guilty of such
violation of the Constitution or, as the case may, such gross misconduct as is
incompatible with his continuance in office as President; and where Parliament
so resolves, the President shall thereupon cease to hold office and a vacancy
shall then be deemed to have occurred in the office of President and subsection
(4) of Section 49 of this Constitution shall apply accordingly.
• Head of state replacement 52. Temporary filling of vacancy

1. Whenever the President is absent from Sierra Leone or is by reason of illness or
any other cause unable to perform the functions conferred upon him by this
Constitution, those functions shall be performed by the Vice-President.
2. Upon assumption of office under subsection (1), the Vice-President shall not
take and subscribe the oath of office of President.
PART II: EXECUTIVE POWERS
53. Exercise of executive authority in Sierra Leone

1. Subject to the provisions of this Constitution, the executive power in Sierra
Leone shall vest in the President and may be exercised by him directly or
through members of the Cabinet, Ministers, Deputy Ministers or public officers
subordinate to him.

2. In the exercise of his functions, the President may act in accordance with the
advice of the Cabinet or a Minister acting under the general authority of the
Cabinet except in cases where, by this Constitution or any other law, he is
required to act with the approval of Parliament or in accordance with the advice
of any person or authority other than the Cabinet:
Provided that the President shall always act in accordance with his deliberate
judgement in signifying his approval for the purpose of an appointment to an
office on his personal staff.
3. Where by this Constitution or under any other law the President is required to
act in accordance with the advice of any person or authority, the question
whether he has in any case received or acted in accordance with such advice
shall not be inquired into in any court.
4. The reference in subsection (1) to the functions of the President shall be
construed as reference to his powers and duties in the exercise of the executive
authority of Sierra Leone and to any other powers and duties conferred or
imposed on him as President by or under this Constitution or any other law.
5. Nothing in this section shall prevent Parliament from conferring functions on
persons or authorities other than the President.
• Deputy executive 54. Vice-President

1. There shall be a Vice-President of the Republic of Sierra Leone who shall be the
Principal Assistant to the President in the discharge of his executive functions.
2. A person—
a. shall be designated a candidate for the office of Vice-President by a

Presidential candidate before a Presidential election;
b. shall not be qualified to be a candidate for the office of Vice-President

unless he has the qualifications specified in section 41.
3. A candidate shall be deemed to be duly elected as Vice-President if the
candidate who designated him as candidate for election to the office of
Vice-President has been duly elected as President in accordance with the
provisions of section 42.
4. The Vice-President shall, before entering upon the duties of his office, take and
subscribe the oath of Vice-President as set out in the Third Schedule of this
Constitution.
5. Whenever the office of the Vice-President is vacant, or the Vice-President dies,
resigns, retires or is removed from office, the President shall appoint a person
qualified to be elected as a Member of Parliament to the office of Vice-President
with effect from the date of such vacancy, death, resignation, retirement or
removal.
6. Whenever the President and Vice-President are both for any reason unable to
perform the functions of the President, the Speaker of Parliament shall perform
those functions until the President or Vice-President is able to perform those
functions, and shall take and subscribe the oath of office as set out in the Second
Schedule before commencing to perform those functions.
7. Where the Speaker of Parliament assumes the office of President as a result of
the death, resignation or removal from office of the President and
Vice-President, there shall be a Presidential election within ninety days of that
assumption of office.
8. The provisions of sections 50 and 51 of this Constitution, relating to the removal
from office of the President, shall apply to the removal from office of the
Vice-President.

55. Vacancy in the office of Vice-President

The office of the Vice-President shall become vacant—
a. on the expiration of the term of office of the President; or
b. if the Vice-President resigns or retires from office or dies; or
c. if the Vice-President is removed from office in accordance with the

provisions of section 50 or 51 of this Constitution; or
d. upon the assumption by the Vice-President to the office of President under

subsection (4) of section 49.
• Establishment of cabinet/ministers
• Cabinet selection
56. Ministers and Deputy Ministers of Government
1. There shall be, in addition to the office of Vice-President, such other offices of
Ministers and Deputy Ministers as may be established by the President:
Provided that no Member of Parliament shall be appointed a Minister or Deputy
Minister.
• Eligibility for cabinet 2. A person shall not be appointed a Minister or Deputy Minister unless—
a. he is qualified to be elected as a Member of Parliament; and
b. he has not contested and lost as a candidate in the general election

immediately preceding his nomination for appointment; and
c. his nomination is approved by Parliament.

3. A Minister or a Deputy Minister shall not, while he continues in office, hold any
other office of profit or emolument whether by way of allowances or otherwise,
whether private or public, and either directly or indirectly:
Provided that the Vice-President, the Ministers and the Deputy Ministers shall
be entitled to such remuneration allowances, gratuities, pensions, and other
incidents of office as may be prescribed by Parliament.
4. Subject to the provisions of section 53 of this Constitution, the Ministers and
Deputy Ministers shall hold office at the President’s discretion.
5. Subject to the provisions of subsection (6), the Vice-President and the other
Ministers under the direction of the President shall be responsible for such
departments of State or other business of the Government as the President may
assign to them.
6. Notwithstanding the provisions of subsection (5), the President shall be
responsible for such departments of State, including the Commissions
established under this Constitution, as he may determine.
57. Oaths to be taken by Ministers, etc

A Minister or a Deputy Minister shall not enter upon the duties of his office unless he
has taken and subscribed the oath for the due execution of his duties as set out in the
Third Schedule.

58. Ministerial vacancies

• Cabinet removal 1. The office of a Minister or a Deputy Minister shall become vacant—
a. on the expiration of the term of office of the President; or
b. if his appointment is revoked by the President; or
c. if he resigns or retires from office or dies; or
d. if he is elected as Speaker or Deputy Speaker of Parliament; or
e. upon the assumption of any other person to the office of President.

2. Notwithstanding the provisions of paragraphs (a) and (e) of subsection (1),
Ministers and Deputy Ministers shall not vacate office as such by reason of the
expiration of the term of office of the President or the assumption by the
Speaker to the office of President pursuant to subsections (7) and (8) of section
54 and shall accordingly continue to perform the functions of their respective
offices until the election of the new President and the Vice-President.
• Establishment of cabinet/ministers 59. Establishment of Cabinet

1. There shall be a Cabinet whose functions shall be to advise the President in the
government of Sierra Leone and which shall consist of the President, the
Vice-President and such Ministers as the President may from time to time
appoint.
2. A person appointed as a Member of Cabinet shall vacate his seat in the Cabinet
if he ceases to be a Minister or if the President so directs.
3. The Cabinet shall determine the general policy of the Government.
4. The President shall hold regular meetings of the Cabinet at which he shall
preside, and in his absence the Vice-President shall preside.
• Cabinet removal 60. Collective responsibility

1. The Cabinet shall be collectively responsible to Parliament for any advice given
to the President by or under the general authority of the Cabinet and for all
things done by or under the authority of any Minister in the execution of his
office.
2. The provisions of this section shall not apply in relation to—
a. the appointment and removal from office of Ministers and Deputy

Ministers, or the assignment of responsibility to any Minister; or
b. the exercise of the prerogative of mercy; or
c. the exercise by the Attorney-General and Minister of Justice or the

Director of Public Prosecutions of the powers conferred upon them under
section 66.

61. Constitution of offices

Subject to the provisions of this Constitution and of any Act of Parliament, the
President may constitute offices for Sierra Leone, make appointments to any such
office and terminate any such appointment.
62. Administration of ministries

Where any Minister has been charged with responsibility for any department of
Government, he shall exercise general direction and control over that department
and, subject to such direction and control, the department shall be under the
supervision of a Permanent Secretary, whose office shall be a public office:
Provided that two or more Departments of Government may be placed under the
supervision of one Permanent Secretary.
63. Prerogative of Mercy

1. The President may, acting in accordance with the advice of a Committee
appointed by the Cabinet over which the Vice-President shall preside—
a. grant any person convicted of any offence against the laws of Sierra Leone
a pardon, either free or subject to lawful conditions;
• Power to pardon b. grant to any person a respite, either indefinite or for a specified period of
the execution of any punishment imposed on that person for such an
offence;
c. substitute a less severe form of punishment for any punishment imposed on

any person for such an offence;
d. remit the whole or any part of any punishment imposed upon any person
for such an offence or any penalty or forfeiture otherwise due to the
Government on account of such an offence.
2. Where any person has been sentenced to death by any Court for any offence,
the Committee appointed under subsection (1) shall cause a written report of
the case from the trial judge together with such other information, including a
medical report on the prisoner, derived from the record of the case or
elsewhere, as the Committee may require, to be submitted to it as soon as
possible.
• Attorney general 64. Establishment of office of Attorney-General and

Minister of Justice
1. There shall be an Attorney-General and Minister of Justice who shall be the
principal legal adviser to the Government and a Minister.
2. The Attorney-General and Minister of Justice shall be appointed by the
President from among persons qualified to hold office as a Justice of the
Supreme Court and shall have a seat in the Cabinet.
3. All offences prosecuted in the name of the Republic of Sierra Leone except
offences involving corruption under the Anti-Corruption Act, 2000, shall be at
the suit of the Attorney-General and Minister of Justice or some other person
authorized by him in accordance with any law governing the same.

4. The Attorney-General and Minister of Justice shall have audience in all Courts in
Sierra Leone except local courts.
• Attorney general 65. Solicitor-General

1. There shall be a Solicitor-General, whose office shall be a public office.
2. The Solicitor-General shall be appointed by the President on the advice of the
Judicial and Legal Service Commission and he shall, before assuming the
functions of his office, take and subscribe to the oath as set out in the Third
Schedule to this Constitution.
3. A person shall not be qualified to hold or act in the office of Solicitor-General
unless he is qualified for appointment as a Justice of the Court of Appeal.
4. The Solicitor-General shall be the principal assistant to the Attorney-General
and Minister of Justice.
5. The Solicitor-General shall have audience in all courts in Sierra Leone except
local courts.
6. The Solicitor-General shall in all matters or any other law be subject to the
general or special direction of the Attorney-General and Minister of Justice.
7. Subject to the provisions of this section, a person holding the office of
Solicitor-General shall vacate his office when he attains the age of sixty-five
years.
8. If the office of Solicitor-General is vacant or the holder of that office is for any
reason unable to perform the functions thereof, a person qualified for
appointment to that office may be appointed to act therein, and any person so
appointed shall, subject to the provisions of subsection (7) and subsections (9) to
(12) inclusive, continue to act until a person has been appointed to and has
assumed the functions of the office of Solicitor-General or until the person
holding that office has resumed those functions.
9. The Solicitor-General may be removed from office only for inability to discharge
the functions of his office, (whether arising from infirmity of mind or body or any
other cause), or for misbehaviour and shall not be so removed except in
accordance with the provisions of this section.
10. If the Judicial and Legal Service Commission represents to the President that
the question of removing the Solicitor-General from office under subsection (9)
ought to be investigated then—
a. the President, acting in consultation with the Judicial and Legal Service
Commission, shall appoint a tribunal which shall consist of a Chairman and
two other members, all of whom shall be persons who hold, have held or are
qualified to hold office as a Justice of the Supreme Court; and
b. the tribunal shall enquire into the matter and report on the facts thereof
and the findings thereon, and recommend to the President whether the
Solicitor-General ought to be removed from office under subsection (12).
11. Where the question of removing the Solicitor-General from office has been
referred to a tribunal under subsection (10), the President may suspend the
Solicitor-General from performing the functions of his office, and any such
suspension may at any time be revoked by the President, and shall in any case
cease to have effect if the tribunal recommends to the President that the
Solicitor-General shall not be removed from office.

12. The Solicitor-General shall be removed from office by the President if the
question of his removal from office has been referred to a tribunal appointed
under subsection (10) and the tribunal has recommended to the President that
he ought to be removed from office for inability to discharge the functions of his
office as stated in subsection (9) or for misbehaviour.
66. Director of Public Prosecutions

1. There shall be a Director of Public Prosecutions, whose office shall be a public
office.
2. The Director of Public Prosecutions shall be appointed by the President on the
advice of the Judicial and Legal Service Commission and subject to the approval
of Parliament, and shall, before assuming the functions of his office, take and
subscribe to the oath as set out in the Third Schedule to this Constitution.
3. A person shall not be qualified to hold or act in the office of Director of Public
Prosecutions unless he is qualified for appointment as a Justice of the Court of
Appeal.
4. Subject to subsection (3) of section 64, the Director of Public Prosecutions shall
have power in any case in which he considers it desirable so to do—
a. to institute and undertake criminal proceedings against any person before

any court in respect of any offence against the laws of Sierra Leone except
any offence involving corruption under the Anti-Corruption Act, 2000.
b. to take over and continue any such criminal proceedings that may have
been instituted by any other person or authority; and
c. to discontinue at any stage before judgement is delivered any such criminal

proceedings instituted or undertaken by himself or any other person or
authority.
5. The powers of the Director of Public Prosecutions under subsection (4) may be
exercised by him in person or through other persons acting under and in
accordance with his general or special instructions.
6. The Director of Public Prosecutions shall in all matters including his powers
under this Constitution or any other law be subject to the general or special
direction of the Attorney-General and Minister of Justice.
7. The powers conferred upon the Attorney-General and Minister of Justice by
this section shall be vested in him to the exclusion of any other person or
authority:
Provided that where any other person or authority has instituted criminal
proceedings, nothing in this section shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority at any stage before
the person against whom the proceedings have been instituted has been
charged before the court.
8. In the exercise of the powers conferred upon him by this section, the
Attorney-General and Minister of Justice shall not be subject to the direction or
control of any other person or authority.
9. For the purposes of this section, any appeal from any determination in any
criminal proceedings before any court, or any case stated or question of law
reserved for the purposes of any such proceedings, to any other court shall be
deemed to be part of those proceedings.
10. Subject to the provisions of this section, a person holding the office of Director
of Public Prosecutions shall vacate his office when he attains the age of
sixty-five years.

11. If the office of Director of Public Prosecutions is vacant or the holder of that
office is for any reason unable to perform the functions thereof, a person
qualified for appointment to that office may be appointed to act therein, and any
person so appointed shall, subject to the provisions of subsection (10) and
subsections (12) to (15) inclusive, continue to act until a person has been
appointed to and has assumed the functions of the office of Director of Public
Prosecutions or until the person holding that office has resumed those
functions.
12. The Director of Public Prosecutions may be removed from office only for
inability to discharge the functions of his office (whether arising from infirmity
of mind or body or any other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of this section.
the question of removing the Director of Public Prosecutions from office under
subsection (12) ought to be investigated then—
two other members, all of whom shall be persons who hold, have held, or
are qualified to hold office as a Justice of the Supreme Court; and
and the findings thereon to the President and recommend to the President
whether the Director of Public Prosecutions ought be removed from office
under subsection (15).
14. Where the question of removing the Director of Public Prosecutions from office
has been referred to a tribunal under subsection (10), the President may
suspend the Director of Public Prosecutions from performing the functions of
his office, and any such suspension may at any time be revoked by the President,
and shall in any case cease to have effect if the tribunal recommends to the
President that the Director of Public Prosecutions shall not be removed from
office.
15. The Director of Public Prosecutions shall be removed from office by the
President if the question of his removal from office has been referred to a
tribunal appointed under subsection (13) and the tribunal has recommended to
the President that he ought to be removed from office for inability as aforesaid
or for misbehaviour.
67. Secretary to the President

1. There shall be a Secretary to the President who shall be appointed by the
President at his sole discretion.
2. The functions of the Secretary to the President shall include—
a. acting as the principal adviser to the President on Public Service matters;
b. the administration and management of the Office of the President, of which

he shall also be Vote Controller;
c. the performance of all other functions assigned to him from time to time by
the President.
3. The office of Secretary to the President and the offices of members of his staff
shall be public offices.

4. Before assuming the functions of his office, the Secretary to the President shall
take and subscribe to the oath as set out in the Third Schedule to this
Constitution.
68. Secretary to the Cabinet

1. There shall be a Secretary to the Cabinet who shall be the Head of the Civil
Service and whose office shall be a public office.
2. The Secretary to the Cabinet shall be appointed by the President in consultation
with the Public Service Commission.
3. The functions of the Secretary to the Cabinet shall include—
a. having charge of the Cabinet Secretariat;
b. responsibility for arranging the business for, and keeping the minutes of,
the Cabinet, and for conveying the decisions of the Cabinet to the
appropriate person or authority, in accordance with such instructions as
may be given to him by the President;
c. co-ordinating and supervising the work of all administrative heads of

ministries and departments in the Public Service;
d. such other functions as the President may from time to time determine.
4. The Secretary to the Cabinet shall not assume the duties of his office unless he
has taken and subscribed to the oath as set out in the Third Schedule to this
Constitution.
69. Secretary to the Vice-President

1. There shall be a Secretary to the Vice-President whose office shall be a public
office.
2. The Secretary to the Vice-President shall be appointed by the President in
consultation with the Public Service Commission and shall, before assuming the
functions of his office, take and subscribe to the oath as set out in the Third
Schedule to this Constitution.
70. Power of appointment vested in the President

The President may appoint, in accordance with the provisions of this Constitution or
any other law the following persons—
a. the Chief Justice;
b. any Justice of the Supreme Court, Court of Appeal, or Judge of the High
Court.
c. the Auditor-General;
d. the sole Commissioner or the Chairman and other Members of any

Commission established by this Constitution;

e. the Chairman and other Members of the governing body of any corporation
established by an Act of Parliament, a statutory instrument, or out of public
funds, subject to the approval of Parliament.
71. Other statutory appointments

Notwithstanding the provisions of section 152 of this Constitution and save as
otherwise provided in this Constitution, the President shall, in accordance with the
provisions of this Constitution or any other law, appoint—
a. to any office to which section 141 (which relates to the offices within the
jurisdiction of the Judicial and Legal Service Commission) applies;
b. to any office to which sections 153 and 154, which relate to certain offices
abroad and the offices of Permanent Secretaries respectively, apply;
c. the Governor and the other members of the governing body of any State
Bank, Banking or Financial Institutions.
72. Office of Paramount Chief

1. The institution of Chieftaincy as established by customary law and usage and its
non- abolition by legislation is hereby guaranteed and preserved.
2. Without derogating from the generality of the provisions of subsection (1), no
provision of law in so far as it provides for the abolition of the office of
Paramount Chief as existing by customary law and usage immediately before
the entry into force of this Constitution, shall have effect unless it is included in
an Act of Parliament and the provisions of Section 108 shall apply in relation to
the Bill for such an Act as they apply in relation to the Bill for an Act of
Parliament that alters any of the provisions of this Constitution that are
referred to in subsection (3) of that section.
inconsistent with, or in contravention of, the provisions of subsection (1) to the
extent that the law in question makes provision for the determination, in
accordance with appropriate customary law and usage, of the validity of the
nomination, election, unseating or replacement of any Paramount Chief, or the
question of restraining in any way the exercise of any rights, duties, privileges or
functions conferred upon, or enjoyed by him, by virtue of his office or the
installation or deposition of a person as a Paramount Chief.
4. A Paramount Chief may be removed from office by the President for any gross
misconduct in the performance of the functions of his office if after a public
inquiry conducted under the Chairmanship of a Judge of the High Court or a
Justice of Appeal or a Justice of the Supreme Court, the Commission of Inquiry
makes an adverse finding against the Paramount Chief, and the President is of
the opinion that it is in the public interest that the Paramount Chief should be
removed.
5. Subject to the provisions of this Constitution and in furtherance of the
provisions of this section, Parliament shall make laws for the qualifications,
election, powers, functions, removal and other matters connected with
Chieftaincy.

CHAPTER VI: THE LEGISLATURE
PART I: COMPOSITION OF PARLIAMENT
• Structure of legislative chamber(s) 73. Establishment of Parliament

1. There shall be a legislature of Sierra Leone which shall be known as Parliament,
and shall consist of the President, the Speaker and Members of Parliament.
2. Subject to the provisions of this Constitution, the legislative power of Sierra
Leone is vested in Parliament.
3. Parliament may make laws for the peace, security order and good government
of Sierra Leone.
74. Members of Parliament

• First chamber selection 1. Members of Parliament shall comprise the following—
a. one Member of Parliament for each District who shall, subject to the
provisions of this Constitution, be elected in such manner as may be
prescribed by or under any law from among the persons who, under any
law, are for the time being Paramount Chiefs; and
b. such number of Members as Parliament may prescribe who, subject to the

provisions of this Constitution, shall be elected in such manner as may be
prescribed by or under any law.
• Size of first chamber 2. The number of Members of Parliament to be elected pursuant to paragraphs (a)
and (b) of subsection (1) shall not together be less than sixty.
3. In any election of Members of Parliament the votes of the electors shall be given
by ballot in such manner as not to disclose how any particular elector votes.
4. Members of Parliament shall be entitled to such salaries, allowances, gratuities,
pensions and such other benefits as may be prescribed by Parliament.
• Eligibility for cabinet

• Minimum age for first chamber
75. Qualifications for membership of Parliament
• Eligibility for first chamber
Subject to the provisions of section 76, any person who—
a. is a citizen of Sierra Leone (otherwise than by naturalization); and
b. has attained the age of twenty-one years; and
c. is an elector whose name is on a register of electors under the Franchise

and Electoral Registration Act, 1961, or under any Act of Parliament
amending or replacing that Act; and [FN: Act No. 44 of 1961.]
d. is able to speak and to read the English Language with a degree of

proficiency sufficient to enable him to take an active part in the
proceedings of Parliament,
shall be qualified for election as such a Member of Parliament:

Provided that a person who becomes a citizen of Sierra Leone by registration by law
shall not be qualified for election as such a Member of Parliament or of any Local
Authority unless he shall have resided continuously in Sierra Leone for twenty-five
years after such registration or shall have served in the Civil or Regular Armed
Services of Sierra Leone for a continuous period of twenty-five years.
• Eligibility for first chamber

• Outside professions of legislators
76. Disqualifications for membership of Parliament
• Removal of individual legislators
1. No person shall be qualified for election as a Member of Parliament—
a. if he is a naturalised citizen of Sierra Leone or is a citizen of a country other

than Sierra Leone having become such a citizen voluntarily or is under a
declaration of allegiance to such a country; or
b. if he is a member of any Commission established under this Constitution, or

a member of the Armed Forces of the Republic, or a public officer, or an
employee of a Public Corporation established by an Act of Parliament, or
has been such a member, officer or employee within twelve months prior to
the date on which he seeks to be elected to Parliament; or
c. if under any law in force in Sierra Leone he is adjudged to be a lunatic or

otherwise declared to be of unsound mind; or
d. if he has been convicted and sentenced for an offence which involves fraud
or dishonesty; or
e. if he is under a sentence of death imposed on him by any court; or
f. if in the case of the election of such member as is referred to in paragraph

(b) of subsection (1) of section 74, he is for the time being a Paramount
Chief under any law; or
g. if being a person possessed of professional qualifications, he is disqualified

(otherwise than at his own request) from practising his profession in Sierra
Leone by order of any competent authority made in respect of him
personally within the immediately preceding five years of an election held
in pursuance of section 87; or
h. if he is for the time being the President, the Vice-President, a Minister or a

Deputy Minister under the provisions of this Constitution.
2. A person shall not be qualified for election to Parliament if he is convicted by any
court of any offence connected with the election of Members of Parliament:
Provided that in any such case the period of disqualification shall not exceed a
period of five years from the date of the general election following the one for
which he was disqualified.
3. Any person who is the holder of any office the functions of which involve
responsibility for, or in connection with, the conduct of any election to
Parliament or the compilation of any register of voters for the purposes of such
an election shall not be qualified for election to Parliament.

4. A person shall not be disqualified for election as a Member of Parliament under

paragraph (b) of subsection (1) by reason only that he holds the office of member
of a Chiefdom Council, member of a Local Court or member of anybody
corporate established by or under any of the following laws, that is to say, the
Freetown Municipality Act, the Chiefdom Councils Act, the Rural Area Act, the
District Councils Act, the Sherbro Urban District Council Act, the Bo Town
Council Act, and the Townships Act or any law amending or replacing any of
those laws. [FN: Act No 20 of 1973; Cap. 61; Cap. 75; Cap. 76; Cap. 79; Cap. 80;
Cap. 295.]
5. Save as otherwise provided by Parliament, a person shall not be disqualified
from being a Member of Parliament by reason only that he holds office as a
member of a Statutory Corporation.
• Removal of individual legislators 77. Tenure of seats of Members of Parliament

1. A Member of Parliament shall vacate his seat in Parliament—
a. on the dissolution of Parliament next following his election; or
b. if he is elected Speaker of Parliament; or
c. if any other circumstances arise that if he were not a Member of Parliament

would cause him to be disqualified for election as such under section 76; or
d. if he ceases to be a citizen of Sierra Leone; or
• Attendance by legislators e. if he is absent from sittings of Parliament for such period and in such
circumstances as may be prescribed in the rules of procedure of
Parliament; or
f. if in the case of such a Member as is referred to in paragraph (b) of

subsection (1) of section 74, he becomes a Paramount Chief under any law;
or
g. if he ceases to be qualified under any law to be registered as an elector for

election of Members to Parliament; or
h. if he is adjudged to be a lunatic or declared to be of unsound mind or

sentenced to death; or
i. if he is adjudged or otherwise declared a bankrupt under any law and has

not been discharged; or
j. if he resigns from office as a Member of Parliament by writing under his

hand addressed to the Speaker, or if the Office of Speaker is vacant or the
Speaker is absent from Sierra Leone, to the Deputy Speaker; or
k. if he ceases to be a member of the political party of which he was a member

at the time of his election to Parliament and he so informs the Speaker, or
the Speaker is so informed by the Leader of that political party; or

l. if by his conduct in Parliament by sitting and voting with members of a

different party, the Speaker is satisfied after consultation with the Leader
of that Member’s party that the Member is no longer a member of the
political party under whose symbol he was elected to Parliament; or
m. if, being elected to Parliament as an independent candidate, he joins a

political party in Parliament; or
n. if he accepts office as Ambassador or High Commissioner for Sierra Leone

or any position with an International or Regional Organization.
2. Any member of Parliament who has been adjudged to be a lunatic, declared to
be of unsound mind, or sentenced to death or imprisonment, may appeal against
the decision in accordance with any law provided that the decision shall not
have effect until the matter has been finally determined.
78. Determination of question as to membership of

Parliament
1. The High Court shall have jurisdiction to hear and determine any question
whether—
a. any person has been validly elected as a Member of Parliament; and
b. the seat of a Member of Parliament has become vacant.

2. The High Court to which any question is brought under subsection (1) shall
determine the said question and give judgement thereon within four months
after the commencement of the proceedings before that Court.
3. An appeal shall lie to the Court of Appeal from the decision of the High Court on
any matter determined pursuant to subsection (1), save that no appeal shall lie in
respect of any interlocutory decisions of the High Court in such proceedings.
4. The Court of Appeal before which an appeal is brought pursuant to subsection
(3) shall determine the appeal and give judgement thereon within four months
after the appeal was filed.
5. The decision of the Court of Appeal on any matter pursuant to subsection (3)
shall be final and not be inquired into by any Court.
6. For the purpose of this section Parliament may make provision, or may
authorise the making of provisions with respect to the practice and procedure of
the High Court or the Court of Appeal, and may confer upon such Courts such
powers or may authorise the conferment thereon of such powers as may appear
to be necessary or desirable for the purpose of enabling the said Courts
effectively to exercise the jurisdiction conferred upon them by this section or by
any law relating to the hearing of appeals from the High Court.

• Leader of first chamber 79. The Speaker

1. The Speaker of Parliament shall be elected by the Members of Parliament from
among persons who are Members of Parliament or are qualified to be elected as
such and who are qualified to be appointed Judges of the Superior Court of
Judicature or have held such office:
Provided that a person shall be eligible for election as Speaker of Parliament
notwithstanding that such person is a Public Officer or a Judge of the High
Court, a Justice of the Court of Appeal or a Justice of the Supreme Court, and
such person, if elected, shall retire from the Public Service on the day of his
election with full benefits.
2. The Speaker shall be elected by a resolution in favour of which there are cast the
votes of not less than two-thirds of the Members of Parliament:
Provided that if three successive resolutions proposing the election of a Speaker
fail to receive the votes of two-thirds of the Members of Parliament, the
Speaker shall be elected by a resolution passed by a simple majority of all the
3. No person shall be elected as Speaker—
a. if he is a member of the Armed Forces; or
b. if he is a Minister or a Deputy Minister.

4. The Speaker shall vacate his office—
a. if he becomes a Minister or a Deputy Minister; or
b. if any circumstances arise that, if he were not the Speaker, would disqualify
him from election as Speaker; or
c. when Parliament first meets after any dissolution; or
d. if he is removed from office by a resolution of Parliament supported by the

votes of not less than two-thirds of the Members of Parliament.
5. No business shall be transacted in Parliament (other than an election to the
office of Speaker) at any time if the office of Speaker is vacant.
6. Any person elected to the office of Speaker who is not a Member of Parliament
shall before entering upon the duties of his office, take and subscribe before
Parliament the oath as set out in the Third Schedule in this Constitution.
7. The Speaker, or in his absence the Deputy Speaker, shall preside over all sittings
of Parliament, except when the President is present.
80. Deputy Speaker

1. There shall be a Deputy Speaker who shall be elected by the Members of
Parliament.
2. No person shall be elected as Deputy Speaker unless he is a Member of
Parliament.
3. The Members of Parliament shall elect a person to the office of Deputy
Speaker—
a. at the first sitting of Parliament in every session; or

b. at the first sitting of Parliament after the occurrence of a vacancy in the

office of Deputy Speaker,
or so soon thereafter as may be convenient.
4. The Deputy Speaker shall vacate his office—
a. if he ceases to be a Member of Parliament; or
b. if he is removed from office by a resolution of Parliament.

5. If the Speaker is absent from Sierra Leone or otherwise unable to perform any of
the functions conferred upon him by this Constitution those functions may be
performed by the Deputy Speaker.
81. Election of Speaker and Deputy Speaker

On any resolution for the election or removal of a Speaker or Deputy Speaker, the
votes of the Members of Parliament shall be given by ballot in such manner as not to
disclose how any particular member votes.
82. Clerk of Parliament

1. There shall be a Clerk of Parliament who shall be appointed by the President
acting in consultation with the Public Service Commission, and shall be
responsible for the administration of Parliament.
2. The office of the Clerk of Parliament and the offices of the members of his staff
shall be public offices.
83. Oath to be taken by Members of Parliament

Every Member of Parliament shall, before taking his seat in Parliament, take and
subscribe before Parliament the oath as set out in the Third Schedule, but a Member
may, before taking that oath, take part in the election of a Speaker.
PART II: SUMMONING, PROROGATION AND

DISSOLUTION
84. Sessions of Parliament

1. Each session of Parliament shall be held at such place within Sierra Leone and
shall commence at such time as the President may by Proclamation appoint.
2. There shall be a session of Parliament at least once in every year, so that a
period of twelve months shall not intervene between the last sitting of
Parliament in one session and the first sitting thereof in the next session:
Provided that there shall be a session of Parliament not later than twenty-eight
days from the holding of a general election of Members of Parliament.
3. The President shall at the beginning of each session of Parliament present to
Parliament an address on the state of the nation.
• Term length for first chamber 85. Life of Parliament

1. Parliament shall stand dissolved at the expiration of a period of five years
commencing from the date of its first sitting after a general election.

• Emergency provisions 2. If there is in existence a state of public emergency in accordance with section 29
of this Constitution and the President considers it not practicable to hold
elections, Parliament may, by resolution, extend the period of five years
mentioned in subsection (1) from time to time but not beyond a period of six
months at any one time.
• Extraordinary legislative sessions

• Length of legislative sessions
86. Sittings of Parliament
1. The President may at any time summon a meeting of Parliament.
2. Notwithstanding the provision of subsection (1), at least twenty per centum of
all the Members of Parliament may request a meeting of Parliament and the
Speaker shall, within fourteen days after the receipt of that request, summon a
meeting of Parliament.
3. Subject to the provisions of subsection (1) and of Sections 29 and 84 of this
Constitution, sittings of Parliament in any session after the commencement of
that session shall be held at such times and on such days as Parliament shall
appoint.
4. Parliament shall sit for a period of not less than one hundred and twenty days in
each year.
87. General Election

1. A general election of the Members of Parliament shall be held not earlier than
thirty days and not later than ninety days after any dissolution of Parliament:
Provided that nominations for such elections shall in no case be closed within
fourteen days after dissolution.
• Emergency provisions 2. If, when Parliament has been dissolved, the President considers that owing to
the existence of a state of public emergency it would not be practicable to hold a
general election within ninety days after the dissolution, the President may by
Proclamation recall the Parliament that has been dissolved and the following
provisions shall then have effect—
a. the Parliament shall meet at such date, not later than fourteen days after
the date of the Proclamation, as may be specified therein;
b. the President shall, subject to the provisions of subsection (16) of section

29, cause to be introduced in Parliament as soon as it meets, a resolution
declaring that a state of Public Emergency exists and subject as aforesaid,
no other business shall be transacted in Parliament until that resolution has
been passed or defeated;
c. if the resolution is passed by Parliament with the support of the votes of

not less than two-thirds of the Members thereof, a general election shall be
held on the last day of the period of six months beginning with the date of
the original dissolution of the Parliament which has been recalled or such
earlier date as the President shall appoint, and the Parliament that has been
recalled shall be deemed to be the Parliament for the time being and may
meet and be kept in session accordingly until the date fixed for nomination
of candidates in that general election, and unless previously dissolved, shall
then stand dissolved;

d. if the resolution is defeated, or is passed with the support of the votes of

less than two-thirds of the Members of Parliament or has not been put to
the vote within five days after it has been introduced, the Parliament that
has been recalled shall then be again dissolved and a general election shall
be held not later than the ninetieth day after the date of the Proclamation
by which the Parliament was so recalled or such earlier date as the
President may by Proclamation appoint.
3. When Parliament is recalled under this section after having been dissolved—
a. the session of that Parliament held next before that dissolution; and
b. the session of sessions of that Parliament held between the date of its first
sitting and of the next dissolution thereafter,
shall be deemed together to form one session.
PART III: PROCEDURE OF PARLIAMENT
88. Presiding in Parliament

There shall preside at any sitting of Parliament—
a. the Speaker; or
b. in the absence of the Speaker, the Deputy Speaker; or
c. in the absence of the Speaker and the Deputy Speaker, such Member of
Parliament as may be elected for that purpose:
Provided that when the President addresses Parliament or attends in person, the
Speaker shall leave his chair and no other person shall preside during such address or
attendance.
• Quorum for legislative sessions 89. Quorum in Parliament

If objection is taken by any Member of Parliament that there are present in
Parliament (besides the person presiding) less than one-fourth of all the Members of
Parliament and the person presiding shall be so satisfied he shall thereupon adjourn
Parliament.
• Official or national languages 90. Use of English in Parliament

The business of Parliament shall be conducted in the English Language.
91. Voting in Parliament

1. Except as otherwise provided in this Constitution, any question proposed for
decision in Parliament shall be determined by a majority of the votes of the
Members present and voting.

2. The person presiding in Parliament may cast a vote whenever necessary to avoid
an equality of votes but shall not vote in any other case; if the person presiding
does not exercise his casting vote the question proposed for discussion in
Parliament shall be deemed to be rejected.
3. The rules of procedure of Parliament may provide that the vote of a Member
upon a question in which he has a direct pecuniary interest shall be disallowed
and if any such provision is made a Member whose vote is disallowed in
accordance therewith shall be deemed not to have voted.
92. Unqualified persons sitting or voting

Any person who sits or votes in Parliament knowing or having reasonable ground for
knowing that he is not entitled to do so shall be liable to a penalty not exceeding one
thousand leones or such other sum as may be prescribed by Parliament for each day
in which he so sits or votes in Parliament, which shall be recoverable by action in the
High Court at the suit of the Attorney-General and Minister of Justice.
93. Committees of Parliament

• Legislative committees 1. At the beginning of each session of Parliament, but in any case not later than
twenty- one days thereafter, there shall be appointed from among its members
the following Standing Committees, that is to say—
a. the Legislative Committee;
b. the Finance Committee;
c. the Committee on Appointments and Public Service;
d. the Foreign Affairs and International Co-operation Committee;
e. the Public Accounts Committee;
f. the Committee of Privileges;
g. the Standing Orders Committee;
h. such other Committees of Parliament as the rules of procedure of

Parliament shall provide.
2. In addition to the Committees referred to in subsection (1), Parliament shall
appoint other Committees which shall perform the functions specified in
subsection (3).
• Legislative oversight of the executive 3. It shall be the duty of any such Committee as is referred to in subsection (2) to
investigate or inquire into the activities or administration of such Ministries or
Departments as may be assigned to it, and such investigation or inquiry may
extend to proposals for legislation.
4. Notwithstanding anything contained in subsections (1) and (2), Parliament may
at any time appoint any other Committee to investigate any matter of public
importance.
5. The composition of each of the Committees appointed under subsections (1), (2)
and (4) shall, as much as possible, reflect the strength of the political parties and
Independent Members in Parliament.

6. For the purposes of effectively performing its functions, each of the Committees
shall have all such powers, rights and privileges as are vested in the High Court
at a trial in respect of—
a. enforcing the attendance of witnesses and examining them on oath,

affirmation or otherwise;
b. compelling the production of documents; and
c. the issue of a commission or request to examine witnesses abroad.
94. Regulation of procedure in Parliament

1. Subject to the provisions of this Constitution, Parliament may regulate its own
procedure, and may in particular make, amend and revoke Standing Orders for
the orderly conduct of its own proceedings.
2. Notwithstanding anything to the contrary in this Constitution or in any other
law contained, no decision, order or direction of Parliament or any of its
Committees or the Speaker, relating to the rules of procedure of Parliament, or
to the application or interpretation of such rules, or any act done or purporting
to have been done by Parliament or by the Speaker under any rules of
procedure, shall be inquired into by any court.
3. Parliament may act notwithstanding any vacancy in its membership (including
any vacancy not filled when Parliament first meets after the entry into force of
this Constitution or after any dissolution of Parliament) and the presence or
participation of any person not entitled to be present at or to participate in the
proceedings of Parliament shall not invalidate those proceedings.
4. Parliament may, for the purpose of the orderly and effective discharge of its
business, make provision for the powers, privileges and immunities of
Parliament, its Committees and the Members thereof.
95. Contempt of Parliament

Any act or omission which obstructs or impedes Parliament in the performance of its
functions, or which obstructs or impedes any Member or officer thereof in the
discharge of his duties or affronts the dignity of Parliament, or which tends either
directly or indirectly to produce such a result shall be a contempt of Parliament.
96. Criminal Proceedings

Where an act or omission which constitutes contempt of Parliament is an offence
under the criminal law, the exercise by Parliament of the power to punish for
contempt shall not be a bar to the institution of proceedings under the criminal law.

PART IV: RESPONSIBILITIES, PRIVILEGES AND

IMMUNITIES
97. Responsibilities of Members of Parliament

The responsibilities of the Members of Parliament shall include the following—
a. All members of Parliament shall maintain the dignity and image of

Parliament both during the sittings in Parliament as well as in their acts and
activities outside Parliament.
b. All Members of Parliament shall regard themselves as representatives of

the people of Sierra Leone and desist from any conduct by which they seek
improperly to enrich themselves or alienate themselves from the people.
98. Freedom of Speech and debate

There shall be freedom of speech, debate and proceedings in Parliament and that
freedom shall not be impeached or questioned in any court or place out of
Parliament.
• Immunity of legislators 99. Parliamentary privilege

1. Subject to the provisions of this section, but without prejudice to the generality
of section 97, no civil or criminal proceedings shall be instituted against a
Member of Parliament in any court or place out of Parliament by reason of
anything said by him in Parliament.
2. Whenever in the opinion of the person presiding in Parliament a statement
made by a Member is prima facie defamatory of any person, the person
presiding shall refer the matter for inquiry to the Committee of Privileges which
shall report its findings to Parliament not later than thirty days of the matter
being so referred.
3. Where the Committee of Privileges reports to Parliament that the statement
made by the Member is defamatory of any person, the Member who made the
statement shall, within seven days of that report, render an apology at the bar of
Parliament, the terms of which shall be approved by the Committee of Privileges
and communicated to the person who has been defamed.
4. Where a Member refuses to render an apology pursuant to the provisions of
subsection (3), the Speaker shall suspend that Member for the duration of the
session of Parliament in which the defamatory statement was made and a
Member so suspended shall lose his Parliamentary privileges, immunities and
remuneration which shall be restored to him if at any time before the end of the
session he renders the apology as required under the provisions of subsection
(3).
5. Any person who may have made a contemporaneous report of the proceedings
in Parliament including a statement which has been the subject of an inquiry
pursuant to the provisions of subsection (2) shall publish the apology referred to
in subsection (3) or the suspension or the apology referred to in subsection (4)
with the same prominence as he published the first report; and if any such
person fails to publish that apology he shall not be protected by privilege.

• Immunity of legislators 100. Immunity from service of process and arrest

No civil or criminal process issuing from any court or place out of Parliament shall be
served on or executed in relation to the Speaker or a Member or the Clerk of
Parliament while he is on his way to attending or returning from any proceedings of
Parliament.
• Immunity of legislators 101. Immunity from witness summons

1. Neither the Speaker nor any Member of, nor the Clerk of, Parliament shall be
compelled, while attending Parliament, to appear as a witness in any court or
place out of Parliament.
2. The certificate of the Speaker that a Member or the Clerk is attending the
proceedings of Parliament shall be conclusive evidence of attendance at
Parliament.
• Immunity of legislators
• Jury trials required
102. Immunity from serving as juryman
Neither the Speaker nor any Member of, nor the Clerk of, Parliament shall be
required to serve on a jury in any court or place out of Parliament.
• Immunity of legislators 103. Immunity for publication of proceedings

Subject to the provisions of this Constitution, no person shall be under any civil or
criminal liability in respect of the publication of—
a. the text or a summary of any report, papers, minutes, votes or proceedings

of Parliament; or
b. a contemporaneous report of the proceedings of Parliament,

unless it is shown that the publication was effected maliciously or otherwise in want
of good faith.
104. Privileges of witness

1. Every person summoned to attend to give evidence or to produce any paper,
book, record or other document before Parliament shall be entitled, in respect
of his evidence, or the production of such document, to the same privileges as if
he were appearing before a Court.
2. No public officer shall be required to produce before Parliament any document
if the Speaker certifies that—
a. the document belongs to a class of documents which will be injurious to the

public interest or prejudicial to the security of the State to produce; or
b. disclosure of the contents thereof will be injurious to the public interest or

prejudicial to the security of the State.
3. Where there is a doubt as to whether any document as is referred to in
subsection (2) is injurious to the public interest or prejudicial to the security of
the State, the Speaker shall refer the matter to the Supreme Court to determine
whether the production or the disclosure of the contents of any such document
would be injurious to the public interest or prejudicial to the security of the
State.

4. An answer by a person to a question put by Parliament shall not be admissible in

evidence against him in any civil or criminal proceedings out of Parliament, not
being proceedings for perjury brought under the criminal law.
PART V: LEGISLATION AND PROCEDURE IN

PARLIAMENT
105. Power to make laws

Subject to the provisions of this Constitution, Parliament shall be the supreme
legislative authority for Sierra Leone.
• Initiation of general legislation

• Tax bills
106. Mode of exercising legislative power
1. The power of Parliament to make laws shall be exercised by Bills passed by
Parliament and signed by the President.
2. Subject to the provisions of subsection (8), a Bill shall not become law unless it
has been duly passed and signed in accordance with this Constitution.
3. An Act signed by the President shall come into operation on the date of its
publication in the Gazette or such other date as may be prescribed therein or in
any other enactment.
4. When a Bill which has been duly passed and is signed by the President in
accordance with the provisions of this Constitution it shall become law and the
President shall thereupon cause it to be published in the Gazette as law.
5. No law made by Parliament shall come into operation until it has been published
in the Gazette, but Parliament may postpone the coming into operation of any
such law and may make laws with retroactive effect.
6. All laws made by Parliament shall be styled “Acts” and the words of enactment
shall be “Enacted by the President and Members of Parliament in this present
Parliament assembled”.
• Approval of general legislation 7. Where a Bill has been passed by Parliament but the President refuses to sign it,
the President shall within fourteen days of the presentation of the Bill for his
signature cause the unsigned Bill to be returned to Parliament giving reasons for
his refusal.
• Veto override procedure 8. Where a Bill is returned to Parliament pursuant to subsection (7) and that Bill is
thereafter passed by the votes of not less than two-thirds of the Members of
Parliament, it shall immediately become law and the Speaker shall thereupon
cause it to be published in the Gazette.
9. Nothing in this section or in section 53 of this Constitution shall prevent
Parliament from conferring on any person or authority the power to make
statutory instruments.
• Initiation of general legislation 107. Minister may introduce Bill and be summoned to
Parliament
1. A Minister may introduce a Bill in Parliament and take part, but without a vote,
in the deliberations of Parliament on that Bill.
2. A Minister may be summoned before Parliament or a Committee thereof—
a. to give an account of any matter falling within his portfolio; or
b. to explain any aspect of Government policy.

• Constitution amendment procedure 108. Alteration of this Constitution

1. Subject to the provisions of this section, Parliament may alter this Constitution.
2. A Bill for an Act of Parliament under this section shall not be passed by
Parliament unless—
a. before the first reading of the Bill in Parliament the text of the Bill is
published in at least two issues of the Gazette:
Provided that not less than nine days shall elapse between the first
publication of the Bill in the Gazette and the second publication; and
b. the Bill is supported on the second and third readings by the votes of not
less than two-thirds of the Members of Parliament.
3. A Bill for an Act of Parliament enacting a new Constitution or altering any of the
following provisions of this Constitution, that is to say—
a. this section,
b. Chapter III,
c. sections 46, 56, 72, 73, 74(2), 74(3), 84(2), 85, 87, 105, 110–119, 120, 121,
122, 123, 124, 128, 129, 131, 132, 133, 135, 136, 137, 140, 151, 156, 167,
shall not be submitted to the President for his assent and shall not become law
unless the Bill, after it has been passed by Parliament and in the form in which it
was so passed, has, in accordance with the provisions of any law in that behalf,
been submitted to and been approved at a referendum.
4. Every person who is entitled to vote in the elections of Members of Parliament
shall be entitled to vote at a referendum held for the purposes of subsection (3)
and no other person may so vote; and the Bill shall not be regarded as having
been approved at the referendum unless it was so approved by the votes of not
less than one-half of all such persons and by not less than two-thirds of all the
votes validly cast at the referendum:
Provided that in calculating the total number of persons entitled to vote at such
referendum, the names of deceased persons, of persons disqualified as electors,
and of persons duplicated in the register of electors and so certified by the
Electoral Commission, shall not be taken into account.
5. The conduct of any referendum for the purposes of subsection (3) of this section
shall be under the general supervision of the Electoral Commission and the
provisions of subsections (4), (5) and (6) of section 38 of this Constitution shall
apply in relation to the exercise by the Electoral Commission of its functions
with respect to a referendum as they apply in relation to the exercise of its
functions with respect to elections of Members of Parliament.
6. A Bill for an Act of Parliament under this section shall not be submitted to the
President for his signature unless it is accompanied by a certificate under the
hand of the Speaker of Parliament (or, if the Speaker is for any reason unable to
exercise the functions of his office, the Deputy Speaker) that the provisions of
subsections (3) and (4) of this section have been complied with, and every such
certificate shall be conclusive for all purposes and shall not be inquired in any
court.
7. No Act of Parliament shall be deemed to amend, add to or repeal or in any way
alter any of the provisions of this Constitution unless it does so in express terms.

8. Any suspension, alteration, or repeal of this Constitution other than on the

authority of Parliament shall be deemed to be an act of Treason.
9. In this section—
a. references to this Constitution include references to any law that amends

or replaces any of the provisions of this Constitution; and
b. references to the alteration of this Constitution or of any Chapter or

section of this Constitution include references to the amendment,
modification or re-enactment, with or without amendment or modification,
of any provision for the time being contained in this Constitution or
Chapter or section thereof, the suspension or repeal of any such provision,
the making of different provision in lieu of such provision and the addition
of new provisions to this Constitution or Chapter or section thereof, and
references to the alteration of any particular provision of this Constitution
shall be construed likewise.
109. Residual authority of Parliament

Subject to the provisions of section 105 of this Constitution, where on any matter,
whether arising out of this Constitution or otherwise there is no provision,
expressed or by necessary implication, of this Constitution which deals with the
matter that has arisen, Parliament shall, by an Act of Parliament, not being
inconsistent with any provision of this Constitution, provide for that matter to be
dealt with.
PART VI: FINANCE
• Tax bills 110. Authority for imposition of taxation

1. No taxation shall be imposed or altered otherwise than by or under the
authority of an Act of Parliament.
2. Where an Act enacted pursuant to subsection (1) confers a power on any person
or authority to waive or vary a tax (otherwise than by reduction) imposed by
that Act, the exercise of the power of waiver or variation in favour of any person
or authority shall be subject to the prior approval of Parliament by resolution
passed in that behalf.
3. Parliament may make provision under which the President or a Minister may by
order provide that, on or after the publication of a Bill (being a Bill approved by
the President) that it is proposed to introduce into Parliament providing for the
imposition or alteration of taxation, such provisions of the Bill as may be
specified in the order shall, until the Bill becomes law, have the force of law for
such period and subject to such conditions as may be prescribed by Parliament:
Provided that any such order shall, unless sooner revoked, cease to have
effect—
a. if the Bill to which it relates is not passed within such period from the date
of its first reading in Parliament as may be prescribed by Parliament; or
b. if, after the introduction of the Bill to which it relates, Parliament is

prorogued or dissolved; or

c. if, after the passage of the Bill to which it relates, the President refuses his
assent thereto; or
d. at the expiration of a period of four months from the date it came into
operation or such longer period from that date as may be specified in any
resolution passed by Parliament after the Bill to which it relates has been
introduced.
4. Parliament may confer upon any authority established by law for the purpose of
local government power to impose taxation within the area for which that
authority is established and to alter taxation so imposed.
5. Where the Appropriation Act in respect of a financial year has not come into
force at the expiration of six months from the commencement of that financial
year, the operation of any law relating to the collection or recovery of any tax
upon any income or profits or any duty of customs or excise shall be suspended
until that Act comes into force:
Provided that—
a. in any financial year in which Parliament stands dissolved at the

commencement of that year the period of six months shall begin from the
day upon which Parliament first sits following that dissolution instead of
from the commencement of the financial year;
b. the provisions of this subsection shall not apply in any financial year in
which Parliament is dissolved after the laying of estimates in accordance
with section 112 and before the Appropriation Bill relating to those
estimates is passed by Parliament.
111. Consolidated Fund

1. There shall be a Consolidated Fund into which, subject to the provisions of this
section, shall be paid—
a. all revenues or other moneys raised or received for the purpose of, or on
behalf of, the Government;
b. any other moneys raised or received in trust for or on behalf of the

Government; and
c. all revenues and moneys payable by or under any bilateral or multilateral

agreement.
2. The revenues or other moneys referred to in subsection (1) shall not include
revenues or other moneys—
a. that are payable by or under an Act of Parliament into some other fund
established for a specific purpose; or
b. that may by or under an Act of Parliament, be retained by the department

of Government that received them for the purpose of defraying the
expenses of that department.

3. No moneys shall be withdrawn from the Consolidated Fund except—
a. to meet expenditure that is charged upon the Fund by this Constitution or

by an Act of Parliament; or
b. where the issue of those moneys has been authorised—
i. by an Appropriation Act; or
ii. by a Supplementary Estimate approved by a resolution of Parliament

passed in that behalf; or
iii. by an Act of Parliament enacted pursuant to the provisions of sections

112 and 113 of this Constitution; or
iv. by rules or regulations made under an Act of Parliament in respect of

trust moneys paid into the Consolidated Fund.
4. No moneys shall be withdrawn from any public fund, other than the
Consolidated Fund and the Contingencies Fund, unless the issues of those
moneys have been authorised by or under the authority of an Act of Parliament.
112. Authorisation of expenditure from Consolidated Fund

1. Subject to the provisions of section 107 of this Constitution, the Minister for the
time being responsible for finance shall cause to be prepared and laid before
Parliament in each financial year estimates of the revenues and expenditures of
Sierra Leone for the next following financial year.
2. The Head of the expenditure—
a. of the estimates shall be included in a Bill to be known as an Appropriation

Bill which shall be introduced into Parliament to provide for the issue from
the Consolidated Fund of the sums of money necessary to meet that
expenditure and the appropriation of those sums for the purposes specified
therein; and
b. of the Consolidated Fund payments shall be laid before Parliament for the
information of the Members thereof.
3. Where, in respect of any financial year, it is found that the amount of moneys
appropriated by the Appropriation Act for any purpose is insufficient or that a
need has arisen for expenditure for a purpose for which no amount of moneys
has been appropriated by that Act, a supplementary estimate showing the sum
of money required shall be laid before Parliament.
4. Where, in respect of any financial year, a supplementary estimate has been
approved by Parliament in accordance with the provisions of subsection (3), a
Supplementary Appropriation Bill shall be introduced in Parliament in the
financial year next following the financial year to which the estimates relate,
providing for the appropriation of the sum so approved for the purposes
specified in that estimate.
5. Notwithstanding the provisions of subsection (4), the Minister for the time being
responsible for finance may cause to be prepared and laid before Parliament
estimates of revenue and expenditure of Sierra Leone for periods of over one
year.

6. Parliament shall prescribe the procedure for the presentation of Appropriation

Bills.
113. Authorisation of expenditure in advance of

appropriation
Where it appears to the Minister responsible for finance that the Appropriation Act
in respect of any financial year will not come into operation by the beginning of that
financial year, he may, with the prior approval of Parliament signified in that behalf
by a resolution thereof, authorise the withdrawal of moneys from the Consolidated
Fund for the purposes of meeting expenditure necessary to carry on the services of
the Government in respect of the period expiring four months from the beginning of
the financial year or on the coming into operation of the Act, whichever is earlier.
114. Withdrawal of moneys from general revenues

1. No moneys shall be expended from the general revenue of the Republic unless—
a. the expenditure is authorised by a warrant under the hand of the President;

or
b. the expenditure is charged by this Constitution or any other law on the

general revenues of the Republic; or
c. the expenditure is of moneys received by a department of Government and

is made under the provisions of any law which authorises that department
to retain and expend those moneys for defraying the expenses of the
department.
2. No warrant shall be issued by the President authorising expenditure from the
general revenues of the Republic unless—
a. the expenditure is necessary to carry on the services of the Government in

respect of any period not exceeding four months beginning with the
commencement of a financial year during which the Appropriation Act for
that financial year is not in force; or
b. the expenditure has been proposed in a supplementary estimate to be

approved by Parliament; or
c. no provision exists for the expenditure and the President considers that
there is such an urgent need to incur the expenditure that it would not be in
the public interest to delay the authorisation of the expenditure until such
time as a supplementary estimate can be laid before and approved by
Parliament; or
d. the expenditure is incurred on capital projects continuing from the previous

financial year until the commencement of the Appropriation Act for the
current financial year.
3. The President shall, immediately after he has signed any warrant authorising
expenditure from the general revenues of the Republic, cause a copy of the
warrant to be transmitted to the Accountant-General.

4. The issue of warrants under paragraph (c) of subsection (2), the investment of
moneys forming part of the general revenue of the Republic and the making of
advances from such revenues shall be subject to such limitations and conditions
as Parliament may from time to time prescribe.
115. Remuneration of the President and certain other

officers
1. There shall be paid to the holders of the offices to which this section applies such
salaries and allowances as may be prescribed by or under any law.
2. The salaries and allowances payable to the holders of the offices to which this
section applies shall be a charge on the Consolidated Fund.
3. The salary, pensions, gratuity and allowances payable to the holder of any office
to which this section applies and his other terms of services shall not be altered
to his disadvantage after his appointment, and for the purposes of this
subsection in so far as the terms of service of any person depend on the option
of that person, the terms for which he opts shall be taken to be more
advantageous to him than any other terms for which he might have opted.
4. This section applies to the offices of the President, Vice-President,
Attorney-General and Minister of Justice, Ministers, Deputy Ministers, the
Chief Justice, a Justice of the Supreme Court, a Justice of Appeal, a Judge of the
High Court, the Director of Public Prosecutions, the Chairman and Members of
the Electoral Commission, the Chairman and Members of the Public Service
Commission, and the Auditor-General.
116. Contingencies Fund

1. Parliament may provide for the establishment of the Contingencies Fund and for
authorising the Minister responsible for Finance, if he is satisfied that there has
arisen an urgent and unforeseen need for expenditure for which no other
provision exists, to make advance from the Fund to meet that need.
2. Where any advance is made in accordance with subsection (1), a Supplementary
Estimate shall be presented and a Supplementary Appropriation Bill shall be
introduced into Parliament as soon as possible for the purpose of replacing the
amount so advanced.
117. Public debt

1. The public debt of Sierra Leone shall be secured on the revenues and assets of
Sierra Leone.
2. In this section reference to the public debt of Sierra Leone includes reference to
the interest on that debt, sinking fund payments in respect of that debt and the
costs, charges and expenses incidental to the management of that debt.
118. Loans
1. Parliament may by a resolution passed in that behalf and supported by the votes
of a majority of all the Members of Parliament, authorise the Government to
enter into an agreement for the granting of a loan out of any public fund or
public account.
2. An agreement entered pursuant to subsection (1) shall be laid before Parliament
and shall not come into operation unless the same has been approved by a
resolution of Parliament.

3. No loan shall be raised by the Government on behalf of itself or any other public
institution or authority otherwise than by or under the authority of an Act of
Parliament.
4. An Act of Parliament enacted in accordance with subsection (3) shall provide—
a. that the terms and conditions of a loan shall be laid before Parliament and
shall not come into operation unless it has been approved by a resolution of
Parliament; and
b. that any moneys received in respect of that loan shall be paid into the
Consolidated Fund and form part thereof or into some other Public Fund of
Sierra Leone either existing or created for the purposes of the loan.
5. For the purposes of this section, the expression “loan” includes any moneys lent
or given to or by the Government on condition of return or repayment and any
other form of borrowing or lending in respect of which—
a. moneys from the Consolidated Fund or any other Public Fund may be used
for payment or repayment; or
b. moneys from any fund by whatever name called established for the
purposes of payment or repayment whether in whole or in part and
whether directly or indirectly may be used for payment or repayment.
6. The provisions of subsections (1), (2), (3), (4) and (5) shall also apply to any
agreement for a loan entered into by the Government in respect of the natural
resources of Sierra Leone, such as mineral, marine, forest and such other
resources.
7. Parliament shall be notified by the appropriate minister or authority of all gifts,
donations, grants and pledges made to the State of Sierra Leone.
119. Establishment of office and functions of

Auditor-General
1. There shall be an Auditor-General for Sierra Leone whose office shall be a public
office, and who shall be appointed by the President after consultation with the
Public Service Commission, and subject to the approval of Parliament.
2. The public accounts of Sierra Leone and of all public offices, including the
Courts, the accounts of the central and local government administrations, of the
Universities and public institutions of like nature, any statutory corporation,
company or other body or organisation established by an Act of Parliament or
statutory instrument or otherwise set up partly or wholly out of Public Funds,
shall be audited and reported on by or on behalf of the Auditor-General, and for
that purpose the Auditor-General of any person authorised or appointed in that
behalf by the Auditor-General shall have access to all books, records, returns
and other documents relating or relevant to those accounts.
3. The public accounts of Sierra Leone and of all other persons or authorities
referred to in subsection (2) shall be kept in such form as the Auditor-General
shall approve.
4. The Auditor-General shall, within twelve months of the end of the immediately
preceding financial year, submit his report to Parliament and shall in that report
draw attention to any irregularities in the accounts audited and to any other
matter which in his opinion ought to be brought to the notice of Parliament.

5. Parliament shall debate the report of the Auditor-General and appoint where
necessary in the public interest a committee to deal with any matters arising
therefrom.
6. In the exercise of his functions under this Constitution or any other law, the
Auditor-General shall not be subject to the direction or control of any other
person or authority.
7. The provisions of subsection (6) shall not preclude the President, acting in
accordance with the advice of Cabinet, or Parliament from requesting the
Auditor-General in the public interest to audit at any particular time, the
accounts of any body or organisation as is referred to in subsection (2).
8. The salary and allowances payable to the Auditor-General, his rights in respect
of leave of absence, retiring age and other conditions of service, shall not be
varied to his disadvantage after his appointment.
9. The provisions of section 137 of this Constitution, relating to the removal of a
Judge of the Superior Court of Judicature, other than the Chief Justice, from
office, shall apply to the Auditor-General.
10. The Auditor-General shall retire from office on attaining the age of sixty-five
years or such age as may be prescribed by Parliament.
11. The administrative expenses of the office of the Auditor-General including all
salaries, allowances, gratuities and pensions payable to or in respect of persons
serving in the Audit Service shall be a charge upon the Consolidated Fund.
12. The accounts of the office of the Auditor-General shall be audited and reported
upon by an auditor appointed by Parliament.
13. Any person appointed to be the Auditor-General for Sierra Leone shall, before
entering upon the duties of his office, take and subscribe the oath as set out in
the Third Schedule to this Constitution.
14. Whenever the office of the Auditor-General is vacant or the holder of the office
is for any reason unable to perform the functions of his office, the President
may, in consultation with the Public Service Commission, appoint a person to act
in the office and any person so appointed shall, subject to the provisions of this
section relating to the removal of the Auditor-General, continue to act until his
appointment is revoked by the President.
CHAPTER VII: THE JUDICIARY
PART I: THE SUPERIOR COURT OF JUDICATURE
120. Establishment of the Judiciary

1. The Judicial power of Sierra Leone shall be vested in the Judiciary of which the
Chief Justice shall be the Head.
2. The Judiciary shall have jurisdiction in all matters civil and criminal including
matters relating to this Constitution, and such other matters in respect of which
Parliament may by or under an Act of Parliament confer jurisdiction on the
Judiciary.
• Judicial independence 3. In the exercise of its judicial functions, the Judiciary shall be subject to only this
Constitution or any other law, and shall not be subject to the control or direction
of any other person or authority.
• Structure of the courts 4. The Judicature shall consist of the Supreme Court of Sierra Leone, the Court of
Appeal and the High Court of Justice which shall be the superior courts of
record of Sierra Leone and which shall constitute one Superior Court of
Judicature, and such other inferior and traditional courts as Parliament may by
law establish.

5. The Superior Court of Judicature shall have the power to commit for contempt
to themselves and all such powers as were vested in a court of record
immediately before the coming into force of this Constitution.
6. Save as may be otherwise ordered by a Court in the interests of public morality,
public safety or public order, all proceedings of every Court, including the
announcement of the decision of the court, shall be held in public.
7. Nothing contained in subsection (6) shall prevent a court from excluding from its
proceedings persons, other than the parties thereto and their counsel, to such
an extent as the Court may consider necessary or expedient—
a. in circumstances where publicity would prejudice the interests of justice or

any interlocutory proceedings; or
b. in the interests of defence, public safety, public morality, the welfare of

minors or the protection of the private lives of persons concerned in the
proceedings.
8. In the exercise of the Judicial power conferred upon the Judiciary by this
Constitution or any other law, the Superior Court of Judicature shall have
power, in relation to any matter within its jurisdiction, to issue such orders as
may be necessary to ensure the enforcement of any judgement, decree or order
of the Court.
9. A Judge of the Superior Court of Judicature shall not be liable to any action or
suit for any matter or thing done by him in the performance of his judicial
functions.
10. The Judges of the High Court shall be entitled to sit as Justices of Appeal, and
the Justices of Appeal shall be entitled to sit as Justices of the Supreme Court
whenever so requested by the Chief Justice.
11. Notwithstanding the provisions of the preceding subsections, any Justice of
Appeal may, on the request of the Chief Justice, sit and act as a Judge of the High
Court.
12. Every such person, while sitting and acting as a Judge of the High Court, shall
have all the jurisdiction, powers and privileges of, but not otherwise be deemed
to be, a Judge of the High Court.
13. The provisions of subsections (11) and (12) shall apply mutatis mutandis to a
Justice of the Supreme Court sitting as a Justice of Appeal.
14. Neither the Chief Justice nor any Justice of the Supreme Court or of the Court
of Appeal or a Judge of the High Court may take any part in the hearing of any
appeal from his own judgement or the judgement of a panel of judges of which
he was a member.
15. No office of Judge of the High Court, Justice of Appeal or Justice of the Supreme
Court shall be abolished while there is a substantive holder thereof.
16. Every Court established under this Constitution shall deliver its decision in
writing not later than three months after the conclusion of the evidence and
final addresses or arguments of appeal, and furnish all parties to the cause or
matter determine with duly authenticated copies of the decision on the date of
the delivery thereof.

PART II: THE SUPREME COURT
• Structure of the courts 121. Composition of the Supreme Court

1. The Supreme Court shall consist of—
b. not less than four other Justices of the Supreme Court; and
c. such other Justices of the Superior Court of Judicature or of Superior

Courts in any State practising a body of law similar to Sierra Leone, not
being more in number than the number of Justices of the Supreme Court
sitting as such, as the Chief Justice may, for the determination of any
particular cause or matter by writing under his hand, request to sit in the
Supreme Court for such period as the Chief Justice may specify or until the
request is withdrawn.
2. The Supreme Court shall, save as otherwise provided in paragraph (a) of
subsection (6) of section 28 and section 126 of this Constitution, be duly
constituted for the despatch of its business by not less than three Justices
thereof.
3. The Chief Justice shall preside at the sittings of the Supreme Court and in his
absence the most senior of the Justices of the Supreme Court as constituted for
the time being shall preside.
122. Jurisdiction of the Supreme Court

1. The Supreme Court shall be the final court of appeal in and for Sierra Leone and
shall have such appellate and other jurisdiction as may be conferred upon it by
this Constitution or any other law:
Provided that notwithstanding any law to the contrary, the President may refer
any Petition in which he has to give a final decision to the Supreme Court for a
judicial opinion.
• Judicial precedence 2. The Supreme Court may, while treating its own previous decisions as normally
binding, depart from a previous decision when it appears right so to do; and all
other Courts shall be bound to follow the decision of the Supreme Court on
questions of law.
3. For the purposes of hearing and determining any matter within its jurisdiction
and the amendment, execution or the enforcement of any judgement or order
made on any such matter, and for the purposes of any other authority, expressly
or by necessary implication given to it, the Supreme Court shall have all the
powers, authority and jurisdiction vested in any Court established by this
Constitution or any other law.
• Right to appeal judicial decisions

• Supreme court powers
123. Appeals to the Supreme Court
1. An appeal shall lie from a judgement, decree or order of the Court of Appeal to
the Supreme Court—
a. as of right, in any civil cause or matter;

b. as of right, in any criminal cause or matter in respect of which an appeal has

been brought to the Court of Appeal from a judgement, decree or order of
the High Court of Justice in the exercise of its original jurisdiction; or
c. with leave of the Court of Appeal in any criminal cause or matter, where the
Court of Appeal is satisfied that the case involves a substantial question of
law or is of public importance.
2. Notwithstanding the provisions of subsection (1), the Supreme Court shall have
power to entertain any application for special leave to appeal in any cause or
matter, civil or criminal, to the Supreme Court, and to grant such leave
accordingly.
• Constitutional interpretation
• Supreme court powers
124. Interpretation of the Constitution
1. The Supreme Court shall, save as otherwise provided in section 122 of this
Constitution, have original jurisdiction, to the exclusion of all other Courts—
a. in all matters relating to the enforcement or interpretation of any provision

of this Constitution; and
b. where any question arises whether an enactment was made in excess of the
power conferred upon Parliament or any other authority or person by law
or under this Constitution.
2. Where any question relating to any matter or question as is referred to in
subsection (1) arises in any proceedings in any Court, other than the Supreme
Court, that Court shall stay the proceedings and refer the question of law
involved to the Supreme Court for determination; and the Court in which the
question arose shall dispose of the case in accordance with the decision of the
Supreme Court.
• Supreme court powers 125. Supervisory Jurisdiction

The Supreme Court shall have supervisory jurisdiction over all other Courts in Sierra
Leone and over any adjudicating authority; and in exercise of its supervisory
jurisdiction shall have power to issue such directions, orders or writs including writs
of habeas corpus, orders of certiorari, mandamus and prohibition as it may consider
appropriate for the purposes of enforcing or securing the enforcement of its
supervisory powers.
126. Power of Justices of the Supreme Court in

interlocutory matters
A single Justice of the Supreme Court acting in its criminal jurisdiction, and three
Justices of the Supreme Court acting in its civil jurisdiction may exercise any power
vested in the Supreme Court not involving the decision of a cause or matter before
the Supreme Court save that—
a. in criminal matters, if any such Justices refuses or grants an application in

the exercise of any such power, any person affected thereby shall be
entitled to have the application determined by the Supreme Court
constituted by three Justices thereof; and

b. in civil matters any order, direction or decision made or given by the three
Justices in pursuance of the powers conferred by this section may be
varied, discharged or reversed by the Supreme Court constituted by five
Justices thereof.
127. Enforcement of the Constitution

1. A person who alleges that an enactment or anything contained in or done under
the authority of that or any other enactment is inconsistent with, or is in
contravention of a provision of this Constitution, may at any time bring an action
in the Supreme Court for a declaration to that effect.
2. The Supreme Court shall, for the purposes of a declaration under subsection (1),
make such orders and give such directions as it may consider appropriate for
giving effect to, or enabling effect to be given to, the declaration so made.
3. Any person to whom an order or direction is addressed under subsection (1) by
the Supreme Court shall duly obey and carry out the terms of the order or
direction.
4. Failure to obey or to carry out the terms of an order or direction made or given
under subsection (1) shall constitute a crime under this Constitution.
PART III: COURT OF APPEAL
• Structure of the courts 128. Composition of the Court of Appeal

1. The Court of Appeal shall consist of—
b. not less than seven Justices of the Court of Appeal; and
c. such other Justices of the Superior Court of Judicature as the Chief Justice
may, for the determination of any particular cause or matter by writing
under his hand, request to sit in the Court of Appeal for such period as the
Chief Justice may specify or until the request is withdrawn.
2. The Court of Appeal shall be duly constituted by any three Justices thereof and
when so constituted the most senior of such Justices shall preside.
3. Subject to the provisions of subsections (1) and (2) of section 122 of this
Constitution, the Court of Appeal shall be bound by its own previous decisions
and all Courts inferior to the Court of Appeal shall be bound to follow the
decisions of the Court of Appeal on questions of law.
4. Parliament may create such Divisions of the Court of Appeal as it may consider
necessary—
a. consisting of such number of Justices as may be assigned thereto by the

Chief Justice;
b. sitting at such places in Sierra Leone as the Chief Justice may determine;
and
c. presided over by the most senior of the Justices of the Court of Appeal
constituting the Court.

129. Jurisdiction of the Court of Appeal

1. The Court of Appeal shall have jurisdiction throughout Sierra Leone to hear and
determine, subject to the provisions of this section and of this Constitution,
appeals from any judgement, decree or order of the High Court of Justice or any
Justice thereof and such other appellate jurisdiction as may be conferred upon it
by this Constitution or any other law.
2. Save as otherwise provided in this Constitution or any other law, an appeal shall
lie as of right from a judgement, decree or order of the High Court of Justice to
the Court of Appeal in any cause or matter determined by the High Court of
Justice.
3. For the purposes of hearing and determining any appeal within its jurisdiction
and the amendment, execution or the enforcement of any judgement or order
made on any such appeal and for the purposes of any other authority expressly
or by necessary implication given to the Court of Appeal by this Constitution or
any other law, the Court of Appeal shall have all the powers, authority and
jurisdiction vested in the Court from which the Appeal is brought.
130. Power of single Justice of Appeal

A single Justice of the Court of Appeal may exercise any power vested in the Court
of Appeal not involving the decision of any cause or matter before the Court of
Appeal save that—
a. in criminal matters, if any such Justice refuses or grants an application in

the exercise of any such power, any person affected thereby shall be
entitled to have the application determined by the Court of Appeal as duly
constituted; and
b. in civil matters, any order, direction or decision made or given in pursuance

of the power conferred by this section may be varied, discharged or
reversed by the Court of Appeal as duly constituted.
PART IV: THE HIGH COURT OF JUSTICE
• Structure of the courts 131. Composition of the High Court

1. The High Court of Justice shall consist of—
b. not less than nine High Court Judges; and
c. such other Judges of the Superior Court or Judicature as the Chief Justice
may, for the determination of any particular cause or matter, by writing
under his hand request to sit in the High Court of Justice for such period as
the Chief Justice may specify or until the request is withdrawn.
2. The High Court of Justice shall be duly constituted as the case may be—
a. by any one Judge thereof; or
• Jury trials required b. by any one Judge thereof and a jury.

3. There shall be in the said High Court such Divisions consisting of such number of
Judges respectively as may be assigned thereto by the Chief Justice; and sitting
in such places in Sierra Leone as the Chief Justice may determine.
132. Jurisdiction of the High Court

1. The High Court of Justice shall have jurisdiction in civil and criminal matters and
such other original appellate and other jurisdiction as may be conferred upon it
by this Constitution or any other law.
2. The High Court of Justice shall have jurisdiction to determine any matter
relating to industrial and labour disputes and administrative complaints.
3. Parliament shall, by an Act of Parliament, make provision for the exercise of the
jurisdiction conferred on the High Court of Justice by the provisions of the
immediately preceding subsection.
4. For the purposes of hearing and determining an appeal within its jurisdiction and
the amendment, execution or the enforcement of any judgement or order made
on any such appeal, and for the purposes of any other authority expressly or by
necessary implication given to the High Court of Justice by this Constitution or
any other law, the High Court of Justice shall have all the powers, authority and
jurisdiction vested in the Court from which the appeal is brought.
5. Any Judge of the High Court of Justice may, in accordance with Rules of Court
made in that behalf, exercise in Court or in Chambers all or any part of the
jurisdiction vested in the High Court of Justice by this Constitution or any other
law.
133. Claims against the Government

1. Where a person has a claim against the Government, that claim may be enforced
as of right by proceedings taken against the Government for that purpose,
without the grant of a fiat or the use of the process known as Petition of Right.
2. Parliament shall, by an Act of Parliament, make provision for the exercise of
jurisdiction under this section.
134. Supervisory Jurisdiction of the High Court

The High Court of Justice shall have supervisory jurisdiction over all inferior and
traditional Courts in Sierra Leone and any adjudicating authority, and in the exercise
of its supervisory jurisdiction shall have power to issue such directions, writs and
orders, including writs of habeas corpus, and orders of certiorari, mandamus and
prohibition as it may consider appropriate for the purposes of enforcing or securing
the enforcement of its supervisory powers.
PART V: APPOINTMENT OF JUDGES, ETC
• Supreme court selection

• Ordinary court selection
135. Appointment of Judges, etc
1. The President shall, acting on the advice of the Judicial and Legal Service
Commission and subject to the approval of Parliament, appoint the Chief Justice
by warrant under his hand from among persons qualified to hold office as Justice
of the Supreme Court.
2. The other Judges of the Superior Court of Judicature shall be appointed by the
President by warrant under his hand acting on the advice of the Judicial and
Legal Service Commission and subject to the approval of Parliament.

• Eligibility for supreme court judges 3. A person shall not be qualified for appointment as a Judge of the Superior Court
• Eligibility for ordinary court judges
of Judicature, unless he is entitled to practise as Counsel in a Court having
unlimited jurisdiction in civil and criminal matters in Sierra Leone or any other
country having a system of law analogous to that of Sierra Leone and approved
by the Judicial and Legal Service Commission, and has been entitled as such
Counsel in the case of appointment to—
a. the Supreme Court, for not less than twenty years;
b. the Court of Appeal, for not less than fifteen years;
c. the High Court of Justice, for not less than ten years.
4. For the purposes of subsection (3), a person shall be regarded as entitled to
practise as Counsel if he has been called, enrolled or otherwise admitted as such
and has not subsequently been disbarred or removed from the Roll of Counsel
or Legal Practitioners.
5. For the purposes of this section, a person shall not be regarded as not being
entitled to practise in a court by reason only that he is precluded from doing so
by virtue of his holding or acting in any office.
136. Judicial vacancies

1. Where the office of the Chief Justice is vacant or if the Chief Justice is for any
reason unable to perform the functions of his office, then—
a. until a person has been appointed to and has assumed the functions of that
office; or
b. until the person holding that office has resumed the functions of that office,
as the case may be,
those functions shall be performed by the most senior for the time being of the
Justices of the Supreme Court.
2. Where the office of a Judge of the High Court is vacant or for any reason a Judge
thereof is unable to perform the functions of his office or if the Chief Justice
advises the President that the state or business in the High Court of Justice so
requires, the President may, acting in accordance with the advice of the Judicial
and Legal Service Commission, appoint a person who has held office as, or a
person qualified for appointment as, a Judge of the Superior Court of Judicature
to act as a Judge of the High Court of Justice, notwithstanding the fact that he
has already attained the retiring age prescribed by section 137.
3. Any person appointed under the provisions of subsection (2) of this section to
act as a Judge of the High Court of Justice shall continue to act for the period of
his appointment or if no such period is specified until his appointment is revoked
by the President, acting in accordance with the advice of the Judicial and Legal
Service Commission.

4. Where the office of a Justice of the Supreme Court or of the Court of Appeal is
vacant or for any reason a Justice thereof is unable to perform the functions of
his office or if the Chief Justice advises the President that the state of business
in the Supreme Court or in the Court of Appeal, as the case may be, so requires
the President may, acting in accordance with the advice of the Judicial and Legal
Service Commission, appoint a person who has held office as or a person
qualified for appointment as a Judge of the Superior Court of Judicature to act
as a Justice of the Supreme Court or of the Court of Appeal, as the case may be,
notwithstanding the fact that he has already attained the retiring age prescribed
by section 137.
5. Any person appointed under the provisions of subsection (4) of this section to
act as a Justice of the Supreme Court or of the Court of Appeal shall continue to
act for the period of his appointment or if no such period is specified until his
appointment is revoked by the President acting in accordance with the advice of
the Judicial and Legal Service Commission.
6. Notwithstanding the expiration of the period of his appointment, or the
revocation of his appointment, a Judge appointed pursuant to the provisions of
subsection (2) or (4) of this section, may thereafter continue to act, for a period
not exceeding three months, to enable him to deliver judgement or do any other
thing in relation to proceedings that were commenced before him previously
thereto.
• Supreme court term length

• Supreme/ordinary court judge removal
137. Tenure of Office of Judges, etc
1. Subject to the provisions of this section, a Judge of the Superior Court of
Judicature shall hold office during good behaviour.
• Mandatory retirement age for judges 2. A person holding office as a Judge of the Superior Court of Judicature—
a. may retire as Judge at any time after attaining the age of sixty years;
b. shall vacate that office on attaining the age of sixty-five years.

3. Notwithstanding that he has attained the age at which he is required by the
provisions of this section to vacate his office, a person holding the office of a
Judge of the Superior Court of Judicature may continue in office after attaining
that age, for a period not exceeding three months, to enable him to deliver
judgement or do any other thing in relation to proceedings that were
commenced before him previously thereto.
4. Subject to the provisions of this section, a Judge of the Superior Court of
Judicature may be removed from office only for inability to perform the
functions of his office, whether arising from infirmity of body or mind or for
stated misconduct, and shall not be so removed save in accordance with the
provisions of this section
the question of removing a Judge of the Superior Court of Judicature, other than
the Chief Justice, under subsection (4) ought to be investigated then—
two other members, all of whom shall be persons qualified to hold or have
held office as a Justice of the Supreme Court; and

b. the tribunal appointed under paragraph (a) shall enquire into the matter
and report on the facts thereof and the findings thereon to the President
and recommend to the President whether the Judge ought to be removed
from office under subsection (7).
6. Where the question of removing a Judge of the Superior Court of Judicature
from office has been referred to a tribunal under subsection (5), the President
may suspend the Judge from performing the functions of his office, and any such
suspension may at any time be revoked by the President, and shall in any case
cease to have effect if the tribunal recommends to the President that the Judge
shall not be removed from office.
7. A Judge of the Superior Court of Judicature shall be removed from office by the
President—
a. if the question of his removal from office has been referred to a tribunal
appointed under subsection (5) and the tribunal has recommended to the
President that he ought to be removed from office; and
b. if his removal has been approved by a two-thirds majority in Parliament.

8. If the President is satisfied on a petition presented to him in that behalf, that the
question of removing the Chief Justice ought to be investigated, then—
a. the President shall, acting in consultation with the Cabinet, appoint a

tribunal which shall consist of—
i. three Justices of the Supreme Court, or legal practitioners qualified to

be appointed as Justices of the Supreme Court; and
ii. two other persons who are not Members of Parliament or legal
practitioners;
and the findings thereon to the President whether the Chief Justice ought
to be removed from office under subsection (10), and the President shall
act in accordance with the recommendations of the tribunal.
9. Where the question of removing the Chief Justice from office has been referred
to a tribunal under subsection (8), the President may by warrant under his hand
suspend the Chief Justice from performing the functions of his office, and any
such suspension may at any time be revoked by the President, and shall in any
case cease to have effect if the tribunal recommends to the President that the
Chief Justice shall not be removed from office.
10. The Chief Justice shall be removed from office by the President—
a. if the question of his removal from office has been referred to a tribunal
appointed under subsection (8) and the tribunal has recommended to the
President that he ought to be removed from office; and
b. if his removal has been approved by a two-thirds majority in Parliament.
• Protection of judges' salaries 138. Remuneration of Judges, etc

1. The salaries, allowances, gratuities and pensions of Judges of the Superior Court
of Judicature shall be a charge upon the Consolidated Fund.
2. A Judge of the Superior Court of Judicature shall on retiring from office as such
Judge, be entitled to such gratuity and pension as may be determined by
Parliament.
3. The salary, allowances, privileges, right in respect of leave of absence, gratuity
or pension and other conditions of service of a Judge of the Superior Court of
Judicature shall not be varied to his disadvantage.
4. A Judge of the Superior Court of Judicature shall not while he continues in
office, hold any other office of profit or emolument, whether by way of
allowances or otherwise, whether private or public, and either directly or
indirectly.
139. Oath of Office of Judges

A Judge of the Superior Court of Judicature shall, before assuming the functions of
his office, take and subscribe before—
a. the President, in the case of the Chief Justice and Justices of the Supreme
Court; and
b. the Chief Justice, in the case of any other Judge, the Judicial Oath as set out
in the Third Schedule to this Constitution.
• Establishment of judicial council 140. Judicial and Legal Service Commission

1. There shall be established a Judicial and Legal Service Commission which shall
advise the Chief Justice in the performance of his administrative functions and
perform such other functions as provided by this Constitution or by any other
law, and which shall consist of—
a. the Chief Justice, who shall be the Chairman;
b. the most Senior Justice of the Court of Appeal;
c. the Solicitor-General;
d. one practising Counsel of not less than ten years standing nominated by the
Sierra Leone Bar Association and appointed by the President;
e. the Chairman of the Public Service Commission; and
f. two other persons, not being legal practitioners, to be appointed by the

President, subject to the approval of Parliament.
2. The Chief Justice shall, acting in accordance with the advice of the Judicial and
Legal Service Commission and save as otherwise provided in this Constitution,
be responsible for the effective and efficient administration of the Judiciary.

3. The following provisions shall apply in relation to a member of the Judicial and
Legal Service Commission who is appointed pursuant to paragraphs (d) and (f) of
subsection (1)—
a. subject to the provisions of this subsection, such member shall vacate office
at the expiration of three years from the date of his appointment;
b. any such member may be removed from office by the President for inability
to discharge the functions of his office (whether arising from infirmity of
mind or body or any other cause) or for misconduct; and
c. such member shall not be removed from office except in accordance with
the provisions of this subsection.
4. A member of the Judicial and Legal Service Commission shall, before assuming
the functions of his office, take and subscribe before the President the oath as
set out in the Third Schedule to this Constitution.
141. Appointment of Judicial and Legal Officers, etc

1. The power to appoint persons to hold or act in any office to which this section
applies (including the power to make appointments on promotion and transfer
from one office to another and to confirm appointments) and to dismiss and
exercise disciplinary control over persons holding or acting in such offices shall
vest in the Judicial and Legal Service Commission:
Provided that the Commission may, with the approval of the President and
subject to such conditions as it may think fit, delegate any of its powers under
this section, by direction in writing to any of its members, or to any Judge of the
High Court, or to the holder of any office to which this section applies, or, in the
case of a power relating to an office connected with the Court of Appeal or the
Supreme Court, to any Justice of either of those Courts.
2. This section applies to the offices of Administrator and Registrar-General,
Registrar and Deputy Registrar of the Supreme Court, Registrar and Deputy
Registrar of the Court of Appeal, Master and Registrar of the High Court,
Deputy Master and Registrar of the High Court, any Registrar of the High Court,
Deputy Administrator and Registrar-General, any Principal Magistrate, Senior
Magistrate, Magistrate, Under Sheriff, First Parliamentary Counsel, Second
Parliamentary Counsel, Principal State Counsel, Customary Law Officer, Senior
State Counsel, Senior Parliamentary Counsel, Research Counsel, Parliamentary
Counsel, State Counsel, Assistant Customary Law Officer and such other
officers as may be prescribed by Parliament.
142. Appointment of Court officers

1. The appointment of officers and servants of the Courts of Sierra Leone shall,
subject to the provisions of section 141 of this Constitution, be made by the
Chief Justice or such other Judge or officer of the Court as the Chief Justice may
direct, acting in consultation with the Judicial and Legal Service Commission.
2. The Judicial and Legal Service Commission may, acting in consultation with the
Public Service Commission and with the prior approval of the President, make
regulations by statutory instrument prescribing the terms and conditions of
service of officers and other employees of the Courts and of the Judicial and the
Legal Services established by this Constitution or any other law.

143. Fees of Court, etc

Any fees, fines or other moneys taken by the Courts shall form part of the
Consolidated Fund.
144. Official document

1. Whenever in any proceedings in a Court, other than the Supreme Court, any
question arises as to the discovery of an official document, and any person or
authority having custody legal or otherwise of any such document refuses, upon
request, to produce that document, on the ground—
a. that the document belongs to a class of documents which it is prejudicial to

the security of the State or injurious to the public interest to produce, or
b. that disclosure of the contents thereof will be prejudicial to the security of

the State or injurious to the public interest,
the Court shall stay the proceedings and refer the question to the Supreme
Court for determination.
2. The Supreme Court may, pursuant to the provisions of subsection (1)—
a. order any person or authority having custody, legal or otherwise, of the

document to produce it; and any person so ordered shall produce the
document for the purpose of inspection by the Supreme Court; and
b. determine whether or not any such document shall be produced in the

Court from which the reference was made after hearing the parties thereto
or their legal representatives or after having given them the opportunity of
being heard.
3. Where the Supreme Court is of the opinion that the document shall be
produced, it shall make an order upon the person or authority having custody of
the document to produce the same or so much of the contents thereof as is
essential for the proceedings in accordance with the terms of the order.
4. Where the question of the discovery of an official document arises in any
proceedings in the Supreme Court in the circumstances mentioned in subsection
(1) of this section, the Supreme Court shall be governed, mutatis mutandis, by
the preceding provisions of this section for the determination of the question
that has arisen.
145. Rules of Court Committee

1. There shall be established a Rules of Court Committee which shall consist of—
a. the Chief Justice, who shall be Chairman;
b. the Director of Public Prosecutions;
c. a Justice of the Supreme Court, a Justice of Appeal, and a Judge of the High
Court, to be appointed by the Chief Justice;
d. the First Parliamentary Counsel;

e. a nominee of the Attorney-General and Minister of Justice;
f. two practising Counsel of not less than ten years standing both of whom
shall be nominated annually by the Sierra Leone Bar Association.
2. Subject to the provisions of this Constitution the Rules of Court Committee may
make Rules of Court for regulating the practice and procedure of all Courts in
Sierra Leone, which shall include rules relating to the prevention of frivolous and
vexatious proceedings.
CHAPTER VIII: THE OMBUDSMAN
• Ombudsman 146. Parliament to establish office of Ombudsman

1. Subject to the provisions of this Constitution, Parliament shall, not later than
twelve months from the commencement of this Constitution, or so soon
thereafter as Parliament may determine, by an Act of Parliament establish the
office of Ombudsman.
2. The Act of Parliament shall define the functions and duties of the Ombudsman,
which shall include the investigation of any action taken or omitted to be taken
by or on behalf of—
a. any department or Ministry of Government;
b. any statutory corporation or institutions of higher learning or education,

set up entirely or partly out of public funds;
c. any member of the Public Service, being an action taken or omitted to be

taken in the exercise of the administrative functions of that department,
ministry, statutory corporation, institution or person.
CHAPTER IX: COMMISSIONS OF INQUIRY
147. Appointment of Commissions of Inquiry

1. Save as otherwise provided in subsection (2), the President shall, by
constitutional instrument, appoint a Commission of Inquiry into any matter of
public interest where—
a. the Cabinet advises that it is in the public interest so to do; or
b. Parliament by a resolution passed in that behalf requires that a Commission

be appointed to inquire into any matter specified in the resolution being a
matter of public importance.
2. A Commission appointed pursuant to the provisions of subsection (1) may
consist of a sole Commissioner or two or more persons one of whom shall be
appointed the Chairman of the Commission.
3. No person shall be appointed a sole Commissioner or the Chairman of a
Commission of Inquiry pursuant to the provisions of this section unless—
a. he is a Judge of the Superior Court of Judicature; or

b. he is a person qualified to be appointed a Judge of the Superior Court of

Judicature; or
c. he is a person who has held office as a Judge of the Superior Court of

Judicature; or
d. he is a person who possesses special background knowledge in respect of

the matter forming the subject-matter of the investigation.
4. Subject to the provisions of subsection (3), where a Commission of Inquiry
appointed pursuant to the provisions of subsection (1) consists of more than two
Commissioners other than the Chairman, at least one of them shall be a person
who possesses special qualifications or knowledge in respect of the matter
forming the subject-matter of the investigation.
148. Powers, rights and privileges of Commissions of

Inquiry
1. A Commission of Inquiry shall have such powers, rights and privileges as are
vested in the High Court of Justice or a Judge thereof at a trial in respect of—
a. enforcing the attendance of witnesses and examining them on oath,

affirmation or otherwise; and
b. compelling the production of documents; and
c. the issue of a commission or request to examine witnesses abroad.

2. A sole Commissioner or a Member of a Commission of Inquiry shall not be liable
to any action or suit in respect of any matter or thing done by him in the
performance of his functions as such Commissioner or Member.
3. Save as may be otherwise ordered by the Commission in the interest of public
safety or public order, the proceedings of every Commission of Inquiry shall be
held in public.
149. Publication of report of Commission of Inquiry and

right of appeal
1. The Commission of Inquiry shall—
a. make a full, faithful and an impartial inquiry into any matter specified in the
commission of appointment;
b. report in writing the result of the inquiry; and
c. furnish in the report the reasons leading to the conclusions arrived at or

reported.
2. The President shall, subject to the provisions of subsection (4), cause to be
published the report of a Commission of Inquiry together with the White Paper
thereon within six months of the date of the submission of the report by the
Commission.

3. Where the report of a Commission of Inquiry is not to be published, the

President shall issue a statement to that effect, giving reasons why the report is
not to be published.
4. Where a Commission of Inquiry makes an adverse finding against any person,
which may result in a penalty, forfeiture or loss of status, the report of the
Commission of Inquiry shall, for the purposes of this Constitution, be deemed to
be a judgement of the High Court of Justice and accordingly an appeal shall lie as
of right from the Commission to the Court of Appeal.
150. Rules regulating Commissions of Inquiry

Subject to the provisions of this Chapter, the Rules of Court Committee shall, by
constitutional instrument, make rules regulating the practice and procedure of all
Commissions of Inquiry.
CHAPTER X: THE PUBLIC SERVICE
PART I: THE PUBLIC SERVICE COMMISSION
151. Establishment of Public Service Commission

1. There shall be a Public Service Commission which shall consist of a Chairman,
not less than two and not more than four other members.
2. The members of the Public Service Commission shall be appointed by the
President, subject to the approval of Parliament.
3. A person shall not be qualified to hold the office of a member of the Public
Service Commission if he is a Member of Parliament, a Minister or a Deputy
Minister, or if he holds or is acting in any public office.
4. A person who has held office or who has acted as a member of the Public Service
Commission shall not within a period of three years commencing with the date
on which he last so held office or acted, be eligible for appointment to any office,
power to make appointments to which is vested by this Constitution in the
Public Service Commission.
5. The office of a member of the Public Service Commission, unless he sooner
resigns or dies, shall become vacant—
a. at the expiration of a period of five years from the date of his appointment
or such shorter period not being less than three years as may be specified at
the time of his appointment;
b. if any circumstances arise that if he were not a member of the Commission

would cause him to be disqualified for appointment as such:
Provided that a member of the Public Service Commission shall retire at the age
of sixty- five years.
6. A member of the Public Service Commission may be removed by the President
for inability to discharge the functions of his office (whether arising from
infirmity of mind or body or from any other cause) or for misconduct.

7. Whenever the office of a member of the Public Service Commission is vacant or

a member is for any reason unable to perform the functions of his office, the
President may appoint a person who is qualified for appointment as a member of
the Commission, and any person so appointed shall, subject to the provisions of
paragraph (b) of subsection (5), continue to act until his appointment is revoked
by the President.
8. A member of the Public Service Commission shall, before assuming the
functions of his office, take and subscribe before the President the oath as set
out in Third Schedule to this Constitution.
152. Appointments, etc. of public officers

1. Subject to the provisions of this Constitution, the power to appoint persons to
hold or act in offices in the public service (including power to make
appointments on promotion and to confirm appointments) and to dismiss and to
exercise disciplinary control over persons holding or acting in such offices shall
vest in the Public Service Commission.
2. The President may, subject to such conditions as he may think fit, delegate any
of his functions relating to the making of appointments, including power to make
appointments on promotion and to confirm appointments, by directions in
writing to the Public Service Commission or to a committee thereof or to any
member of the Commission or to any public officer.
3. Before the Public Service Commission appoints to any public office any person
holding or acting in any office, the power to make appointments to which is not
vested in the Public Service Commission, it shall consult the person or authority
in whom that power is vested.
4. The Public Service Commission shall, upon request made to it by any person or
authority having power to make an appointment to an office under this
Constitution or in any other public institution, make recommendations to that
person or authority for the appointment of any public officer or any other
person to any office, the power to make appointment to which is vested by this
Constitution or any other law in that person, authority or public institution.
5. The power to transfer persons holding or acting in offices in the public service
from one department of Government to another shall, where such transfer does
not involve promotion vest in the Public Service Commission.
6. The provisions of this section shall not apply in relation to any of the following
offices—
a. the office of any Justice of the Supreme Court or of the Court of Appeal or a
Judge of the High Court;
b. the office of the Director of Public Prosecutions;
c. the office of Auditor-General;
d. any office to which section 141 (which relates to offices within the
jurisdiction of the Judicial and Legal Service Commission) applies;
e. any office to which section 153 (which relates to the offices of

Ambassadors and certain offices) applies;
f. any office to which section 154 (which relates to the offices of Permanent
Secretaries and certain other offices) applies; and

g. any office the remuneration of which is calculated on a daily rate:

Provided that the power of transfer vested in the Public Service Commission
under subsection (5) may be exercised in the case of persons holding any of the
offices specified in this subsection where such persons express their consent in
writing to such transfer.
7. No appointment shall be made under this section to any office on the personal
staff of the President or the Vice-President, unless he signifies his personal
approval of the appointment.
8. The Public Service Commission shall not dismiss or inflict any other punishment
on a public officer on grounds of any act done or omitted to be done by that
officer in the exercise of a judicial function conferred upon him, unless the
Judicial and Legal Service Commission concurs therein.
9. No member of the Public Service shall be—
a. victimised or discriminated against directly or indirectly for having

discharged his duties faithfully in accordance with this Constitution, or
b. dismissed or removed from office or reduced in rank or otherwise punished

without just cause.
10. The Public Service Commission may, with the prior approval of the President,
make regulations by constitutional instrument for the effective and efficient
performance of its functions under this Constitution or any other law, and may,
with such prior approval and subject to such conditions as it may think fit,
delegate any of its powers under this section by directions in writing to any of its
members or to any public officer.
11. Save as is otherwise provided in this Constitution, the Public Service
Commission shall not be subject to the control or direction of any other person
or authority in the performance of its functions under this Constitution or any
other law.
• Selection of active-duty commanders 153. Appointment of the Principal representatives of

Sierra Leone abroad, Armed Forces Commanders and
Inspector-General of Police
1. The power to appoint persons to hold or act in the office to which this section
applies (including the power to transfer from one office to another and to
confirm appointments) and to remove persons so appointed from any such
office shall vest in the President.
2. The offices to which this section applies are the offices of Ambassadors, High
Commissioners or other principal representative of Sierra Leone abroad, the
Commanders of the Armed Forces and the Inspector-General of Police:
Provided that the appointment to these offices shall be subject to the approval
of Parliament.
154. Appointment of Permanent Secretaries and certain

other officers
1. The power to appoint persons to hold or act in any of the offices to which this
section applies (including the power to make appointments on promotion and
transfer from one office to another and to confirm appointments) and to remove
persons so appointed from any such office shall vest in the President acting in
consultation with the Public Service Commission.

2. The offices to which this section applies are the offices of Secretary to the
Cabinet, Secretary to the Vice-President, Financial Secretary, Director-General
of the Ministry of Foreign Affairs, Establishment Secretary, Development
Secretary, Provincial Secretary and Permanent Secretary.
3. Where any person holding an office mentioned in subsection (2) accepts another
such office carrying higher remuneration, he shall, unless a contrary intention
appears from the terms of his appointment, be deemed to have relinquished the
office he was originally holding; where the second office does not carry higher
remuneration, the question whether or not he shall be deemed to have
relinquished the original office shall depend on the terms of his second
appointment.
4. Subject to the provisions of section 152 of this Constitution, where any person
has been removed under subsection (1) from any office specified in subsection
(2) he may notwithstanding such removal—
a. remain in the Public Service;
b. continue to receive a salary not less than the salary he received before such
removal; and
c. continue to be eligible for any benefits granted to him in respect of his

service as a public officer, including benefits payable under any law
providing for the grant of pensions, gratuities or both,
unless by such removal he ceases to be a member of the Public Service.
PART II: THE POLICE FORCE
155. Establishment of the Sierra Leone Police Force

1. There shall be a Police Force of Sierra Leone, the Head of which shall be the
Inspector-General of Police.
2. No person shall raise any police force except by or under the authority of an Act
of Parliament.
3. No member of the Police Force shall hold office as President, Vice-President,
Minister or Deputy Minister, or be qualified for election as a Member of
Parliament whilst he remains a member of the Police Force.
156. Establishment of Police Council

1. There is hereby established a body to be known as The Police Council which
shall consist of—
i. the Chief Secretary of State;
ii. the Secretary of State, Department of Internal Affairs;
iii. the Inspector-General of Police;
iv. the Deputy Inspector-General of Police;
v. the Chairman of the Public Service Commission;

vi. a Member of the Sierra Leone Bar Association who shall be a legal
practitioner of not less than ten (10) years standing as a practising
Barrister, and shall be nominated by that body and appointed by the
Chairman, Armed Forces Revolutionary Council;
vii. two other members appointed by the Chairman, Armed Forces

Revolutionary Council, subject to the approval of the Armed Forces
Revolutionary Council.
2. Every member of the Police Council shall before assuming the function of his
office, take and subscribe the oath as set out in the Third Schedule to the
Constitution of Sierra Leon, 1991.
3. The Permanent Secretary of the Department responsible for matters relating to
the Police shall be Secretary to the Council.
157. Appointments in the Police Force

1. The Inspector-General shall be appointed by the President acting on the advice
of the Police Council, subject to the approval of Parliament.
2. Subject to the provisions of this Constitution, the power to appoint persons to
hold or act in an office in the Police Force from the rank of Assistant
Superintendent of Police and above, excluding the Inspector-General of Police,
(including the power to make appointments on promotion and to confirm
appointments), and to dismiss, reduce in rank and to exercise disciplinary
control over persons holding or acting in such offices shall vest in the Police
Council.
3. The power to appoint persons to hold or act in any office in the Police Force
below the rank of Assistant Superintendent of Police, (including the power to
make appointments on promotion and to confirm appointments), and to dismiss,
reduce in rank and to exercise disciplinary control over persons holding or
acting in such offices shall vest in the Police Council acting on the
recommendation of the Inspector-General of Police.
4. Subject to the provisions of this section and to the control and direction of the
Police Council, the Inspector-General of Police shall be responsible for the
operational control and administration of the Police Force.
158. Functions of Police Council

1. The Police Council shall advise the President on all major matters of policy
relating to internal security, including the role of the Police Force, Police
budgeting and finance, administration and any other matter as the President
shall require.
2. The Police Council may, with the prior approval of the President, make
regulations for the performance of its functions under this Constitution or any
other law, and for the effective and efficient administration of the Police Force.
3. Regulations made pursuant to the provisions of subsection (2) shall include
regulations in respect of—
a. the control and administration of the Police Force of Sierra Leone;
b. the ranks of officers and men of each unit of the Police Force, the members
in each such rank and the use of uniforms by such members;

c. the conditions of service, including those relating to enrolment and to pay,

pensions, gratuities and other allowances of officers and men of each unit
and deductions therefrom;
d. the authority and powers of command of officers and men of the Police
Force; and
e. the delegation to other persons of powers of commanding officers to

discipline accused persons, and the conditions subject to which such
delegation may be made.
PART III: RESIGNATIONS, RE-APPOINTMENTS AND

PROTECTION OF PENSION RIGHTS OF PUBLIC
OFFICERS HOLDING ESTABLISHED OFFICES
159. Resignation and effect of new appointment of a

person holding an established office
1. Any person who is appointed or elected to, or otherwise selected for, any office
established by this Constitution, including the office of Vice-President, Member
of the Cabinet, Minister or Deputy Minister, may resign from that office by
writing under his hand addressed to the person or authority by whom he was
appointed, elected or selected:
Provided that in the case of the Speaker or the Deputy Speaker his resignation
from office shall be addressed to Parliament and in the case of a Member of
Parliament his resignation from Parliament shall be addressed to the Speaker.
2. The resignation of any person from any such office as referred to in subsection
(1) shall take effect, where no date is specified, when the writing signifying the
resignation is received by the person or authority to whom it is addressed or by
any person authorised by that person or authority to receive it.
160. Re-appointment, etc

1. Subject to the provisions of this Constitution, where any person has vacated any
office established by this Constitution he may, if qualified, again be appointed,
elected, or otherwise selected to hold that office.
2. Where by this Constitution a power is conferred upon any person or authority
to make any appointment to any public office, a person may be appointed to that
office notwithstanding that some other person may be holding that office, when
that other person is on leave of absence pending relinquishment of the office;
and where two or more persons are holding the same office by reason of an
appointment made in pursuance of this subsection then for the purposes of any
function conferred upon the holder of that office the person last appointed shall
be deemed to be the sole holder of the office.
161. Protection of pension rights

1. The law applicable to any benefits to which this section applies shall, in relation
to any person who has been granted, or who is eligible for the grant of such
benefits, be that in force on the relevant date or any later law that is not less
favourable to that person.

2. In this section “the relevant date” means—
a. in relation to any benefits granted before the twenty-seventh day of April,

1961, the date on which those benefits were granted;
b. in relation to any benefits granted on or after the twenty-seventh day of

April, 1961, to or in respect of any person who was a public officer before
that date, the twenty-sixth day of April, 1961; and
c. in relation to any benefits granted or to be granted to or in respect of any

person who becomes a public officer on or after the twenty-seventh day of
April, 1961, the date on which he becomes a public officer.
3. Where a person is entitled to exercise an option as to which of two or more laws
shall apply in his case, the law specified by him in exercising the option shall, for
the purposes of this section, be deemed to be more favourable to him than the
other law or laws.
4. Any benefit to which this section applies (not being a benefit that is a charge
upon some other public fund of Sierra Leone) shall be a charge upon the
Consolidated Fund or upon such other Special Fund, whether contributory or
non-contributory, as Parliament may prescribe.
5. This section applies to any benefits payable under any law providing for the
grant of pensions, gratuities or compensation to persons who are or have been
public officers in respect of their service in the public service or to the widows,
children, dependants or personal representatives of such persons in respect of
such service.
6. References to the law applicable to any benefits to which this section applies
includes (without prejudice to their generality) references to any law relating to
the time at which and the manner in which any person may retire in order to
become eligible for those benefits.
7. Notwithstanding any law or custom to the contrary, it shall be lawful for
Parliament to enact that a person shall not be entitled to a benefit under this
section, unless he has contributed to a specified Fund created for the purpose.
PART IV: POWER AND PROCEDURE OF COMMISSIONS

AND COUNCILS, AND LEGAL PROCEEDINGS
162. Power of Commissions in relation to the grant of

pensions
1. Where any benefits to which this section applies can be withheld, reduced in
amount or suspended by any law, those benefits shall not be so withheld,
reduced in amount or suspended—
a. in the case of benefits which have been granted in respect of service in the
public service of any person who at the time when he ceased to be a
public-officer was subject to the jurisdiction of the Judicial and Legal
Service Commission or for which any person may be eligible in respect of
such service, without the approval of that Commission; or
b. in any other case, without the approval of the Public Service Commission or
the appropriate Council, as the case may be.

2. No benefits to which this section applies that have been granted to or in respect
of any person who is or has been a Judge of the High Court, a Justice of Appeal
or of the Supreme Court, or a former Judge of the Supreme Court or for which
any such person or his widow, children, dependants or personal representatives
may be eligible, shall be withheld, reduced in amount or suspended on the
ground that that person has been guilty of misconduct or misbehavior unless
that person has been removed from judicial office by reason of such misconduct
or misbehaviour.
3. This section applies to any benefits payable under any law providing for the
grant of pensions, gratuities or compensation to persons who are or have been
public officers in respect of their service in the public service or to the widows,
children, dependants or personal representatives of such persons in respect of
such service whether on a contributory or non-contributory basis.
163. Power and procedure of Commissions

1. Any Commission or Council established by this Constitution may, with the
consent of the President and subject to the provisions of subsection (2), by
regulation or otherwise regulate its own procedure and, confer or delegate
powers or impose duties on any authority of the Government for the purpose of
the discharge of its functions.
2. At any meeting of any Commission or Council established by this Constitution a
quorum shall be constituted if three members are present; and if a quorum is
present the Commission or Council shall not be disqualified for the transaction
of business by reason of any vacancy among its members and any proceedings of
the Commission or Council shall be valid notwithstanding that some person who
was not entitled to do so took part therein.
164. Protection of Commissions from legal proceedings

The question whether—
a. any Commission or Council established by this Constitution has validly

performed any function vested in it by or under this Constitution;
b. any member of such a Commission or Council or any other person has

validly performed any functions delegated to such member or person in
pursuance of the provisions of subsection (1) of section 163 or, as the case
may be, subsection (10) of section 152; or
c. any member of such a Commission or Council or any other person or

authority has validly performed any other function in relation to the work
of the Commission or Council or in relation to any such function as is
referred to in paragraph (b),
shall not be inquired into in any Court.
CHAPTER XI: THE ARMED FORCES
165. Establishment of the Armed Forces

1. There shall be the Armed Forces of Sierra Leone which shall consist of the Army,
the Navy and the Air Force, and such other branches for which provision is made
by Parliament.

2. The principal function of the Armed Forces shall be to guard and secure the
Republic of Sierra Leone and preserve the safety and territorial integrity of the
State, to participate in its development, to safeguard the people’s achievements
and to protect this Constitution.
• Restrictions on the armed forces 3. No member of the Armed Force shall hold office as President, Vice-President,
Minister or Deputy Minister, or be qualified for election as a Member of
Parliament whilst he remains a member of the Armed Forces.
166. Prohibition of private armed forces

No person shall raise any armed force except by or under the authority of an Act of
Parliament.
167. Establishment of Defence Council

1. There is hereby established a body to be known as the Defence Council which
shall consist of—
i. the Chairman, Armed forces Revolutionary Council, who shall be Chairman;
ii. the Chief Secretary of State;
iii. the Under Secretary of State for Defence;
iv. the Chief of Defence Staff;
v. the Commanders of the Armed Forces (Army, Navy and Air Force) and their
Deputies;
vi. the Secretary of State, Internal Affairs;
vii. two other persons as the Chairman, Armed Forces Revolutionary Council,
shall from time to time appoint.
2. Every member of the Defence Council shall, before assuming the function of his
office, take and subscribe the oath as set out in the Third Schedule to the
Constitution of Sierra Leone, 1991.
3. The Permanent Secretary of the Department of Defence shall be the Secretary
to the Council.
168. Appointments in the Armed Forces

1. The President, acting on the advice of the Defence Council, shall appoint the
Chief of Defence Staff of the Armed Forces.
2. Subject to the provisions of this section and to the control or directives of the
Defence Council, the Chief of Defence Staff and the Commanders of the Armed
Forces shall be responsible for the operational control and the administration of
the Armed Forces as a whole.

• Designation of commander in chief 169. Functions of the Defence Council

1. The Defence Council shall advise the President on all major matters of policy
relating to defence and strategy including the role of the Armed Forces, military
budgeting and finance, administration and the promotion of officers above the
rank of Lieutenant or its equivalent.
2. The Defence Council may, with the prior approval of the President, make
regulations for the performance of its functions under this Constitution or any
other law, and for the effective and efficient administration of the Armed
Forces.
3. Regulations made pursuant to the provisions of subsection (2) shall include
regulations in respect of—
a. the control and administration of the Army, the Navy and the Air Force of
Sierra Leone;
b. the ranks of officers and men of each Armed Force, the members in each
such rank and the use of uniforms by such men;
c. the conditions of service, including those relating to the enrolment and to

the pay, pensions, gratuities and other allowances of officers and men of
each Armed Force and deductions therefrom;
d. the authority and powers of command of officers and men of each Armed
Force; and
e. the delegation to other persons of powers of commanding officers to try

accused persons, and the conditions subject to which such delegation may
be made.
CHAPTER XII: THE LAWS OF SIERRA LEONE
170. The Laws of Sierra Leone

1. The laws of Sierra Leone shall comprise—
a. this Constitution;
b. laws made by or under the authority of Parliament as established by this

Constitution;
c. any orders, rules, regulations and other statutory instruments made by any
person or authority pursuant to a power conferred in that behalf by this
Constitution or any other law;
d. the existing law; and
e. the common law.

2. The common law of Sierra Leone shall comprise the rules of law generally known
as the common law, the rules of law generally known as the doctrines of equity,
and the rules of customary law including those determined by the Superior
Court of Judicature.
3. For the purposes of this section the expression “customary law” means the rules
of law which by custom are applicable to particular communities in Sierra Leone.
4. The existing law shall, save as otherwise provided in subsection (1), comprise the
written and unwritten laws of Sierra Leone as they existed immediately before
the date of the coming into force of this Constitution and any statutory
instrument issued or made before that date which is to come into force on or
after that date.
5. Subject to the provisions of this section, the operation of the existing laws after
the coming into force of this Constitution shall not be affected by such
commencement; and accordingly the existing law shall be construed with such
modifications, adaptations, qualifications and exceptions as may be necessary to
bring it into conformity with the provisions of this Constitution or otherwise to
give effect to or enable effect to be given to any changes effected by this
Constitution.
6. Every statutory instrument shall be published in the Gazette not later than
twenty- eight days after it is made or, in the case of a statutory instrument which
will not have the force of law unless it is approved by some person or authority
other than the person or authority by which it is made, not later than
twenty-eight days after it is approved, and if it is not so published it shall be void
from the date on which it was made.
7. Any orders, rules or regulations made by any person or authority pursuant to a
power conferred in that behalf by this Constitution or any other law—
a. shall be laid before Parliament;
b. shall be published in the Gazette on or before the day they are so laid
before Parliament;
c. shall come into force at the expiration of a period of twenty-one days of

being so laid unless Parliament, before the expiration of the said period of
twenty-one days, annuls any such orders, rules or regulations by the votes
of not less than two-thirds of the Members of Parliament.
CHAPTER XIII: MISCELLANEOUS
171. Interpretation
1. In this Constitution unless a contrary intention appears—
• “Chiefdom Council” means a Chiefdom Council constituted under the

Chiefdom Councils Act; [FN: Cap. 61.]
• “Commission of Inquiry” includes a committee of inquiry;
• “constitutional instrument” means an instrument made under a power

conferred in that behalf by this Constitution;
• “Court” means any court of law in Sierra Leone including a court martial;

• “law” includes—
a. any instrument having the force of law made in exercise of a power

conferred by law;
b. customary law and any other unwritten rules of law;
• “Local Court” means a Court established by or under the Local Courts Act,
1963; [FN: Act No. 20 of 1963.]
• “Oath” includes an affirmation;
• “The President” means the President of the Republic;
• “Public Emergency” includes any period during which
a. Sierra Leone is at war; or
b. there is in force a Proclamation issued by the President under

subsection (1) of section 29; or
c. there is in force a Resolution of Parliament made under subsection (3)

of section 29;
• “public office” includes an office the emoluments attaching to which are

paid directly from the Consolidated Fund or directly out of moneys
provided by Parliament;
• “public officer” means a person holding or acting in a public office;
• “public service” means, subject to the provision of subsections (3) and (4),
service of the Government of Sierra Leone in a civil capacity and includes
such service in respect of the Government existing in Sierra Leone prior to
the twenty-seventh day of April, 1961;
• “Session” means the sittings of Parliament when it first meets after the
commencement of this Constitution or after the prorogation or dissolution
of Parliament at any time and ending when Parliament is prorogued or
dissolved without having been prorogued;
• “Sierra Leone” means the territory more particularly described in the First
Schedule;
• “Statutory Instrument” means any proclamation, regulation, order, rule or

other instrument (not being an Act of Parliament) having the force of law;
• “the Sierra Leone Police” means the Police Force established under the
Police Act, 1964; [FN: Act No. 7 of 1964.]

• “sitting” means a period during which Parliament is sitting continuously

without adjournment including any period during which Parliament is in
committee.
2. In this Constitution unless a contrary intention appears—
a. words importing male persons shall include female persons and

corporations;
b. words in the singular shall include the plural, and words in the plural shall
include the singular;
c. where a word is defined, other parts of speech and tenses of that word shall
have corresponding meanings;
d. words directing or enpowering a public officer to do any act or thing, or

otherwise applying to him by the designation of his office, shall include his
successors in office and all his deputies or all other assistants;
e. words directing or empowering a Minister to do an act or thing or

otherwise applying to him, by the designation of his office, shall include a
Minister acting for him, or if the office is vacant a Minister designated to act
in that office by or under the authority of an Act of Parliament and also his
successors in office or all his deputies or other assistants.
3. In this Constitution unless otherwise expressly provided “the public service”
includes service in the office of Chief Justice, a Justice of the Supreme Court,
Justice of Appeal, Judge of the High Court or of the former Supreme Court or in
the office of Judge of any other court established by Parliament being an office
the emoluments attaching to which are paid out of the Consolidated Fund or any
other public fund of Sierra Leone, and service in the office of a member of the
Sierra Leone Police Force.
4. In this Constitution “the public service” does not include service in the office of
President. Vice-President, Speaker, Minister, Deputy Minister,
Attorney-General and Minister of Justice, Deputy Speaker, Member of
Parliament, or of any member of any Commission established by this
Constitution, or any member of any council, board, panel, committee or other
similar body (whether incorporated or not) established by or under any law, or in
the office of any Paramount Chief, Chiefdom Councillor or member of a Local
Court.
5. In this Constitution, unless a contrary intention appears—
a. a reference to an appointment to any office shall be construed as including

a reference to the appointment of a person to act in or perform the
functions of that office; and
b. a reference to the holder of an office by a term designating his office shall

be construed as including a reference to any person for the time being
lawfully acting in or performing the functions of that office.
6. Where by this Constitution power is vested in any person or authority to
appoint any person to act in or perform the functions of any office, if the holder
thereof is himself unable to perform those functions, no such appointment shall
be called in question on the ground that the holder of the office was not unable
to perform those functions.

7. In this Constitution and in any other law—
a. the power to appoint any person to hold or to act in any office in the public
service shall include the power to confirm appointments, to exercise
disciplinary control over persons holding or acting in such offices and to
reappoint or reinstate any person appointed in exercise of the power in
question, unless such power is expressly or by necessary implication
conferred upon some other person or authority by this Constitution.
b. where a power is conferred or a duty is imposed on the holder of an office

as such, the power may be exercised and the duty shall be performed by the
person for the time being charged with the performance of the functions of
his office.
8. Reference in this Constitution to the power to remove a public officer from his
office shall be construed as including references to any power conferred by any
law to require or permit that officer to retire from the public service:
Provided that—
a. nothing in this subsection shall be construed as conferring on any person or

authority the power to require a Judge of the High Court, a Justice of
Appeal or a Justice of the Supreme Court, the Solicitor-General, the
Director of Public Prosecutions or the Auditor-General to retire from the
public service; and
b. any power conferred by any law to permit a person to retire from the public
service shall, in the case of any public officer who may be removed from
office by some person or authority other than a Commission, established by
this Constitution, be vested in the Public Service Commission.
9. In this Constitution, reference to a subsection, paragraph, sub-paragraph or item
shall be construed as reference to a subsection, paragraph, sub-paragraph or
item of the section, subsection, paragraph or sub-paragraph as the case may be
in which the reference is made.
10. Any provision in this Constitution that vests in any person or authority the
power to remove any public officer from his office shall be without prejudice to
the power of any person or authority to abolish any office or to any law
providing for the compulsory retirement of public officers generally or any class
of public officers on attaining an age specified by or under that law.
11. Where any power—
a. is conferred by this Constitution to make any order, regulation, rule or pass

any resolution or give any direction or make any declaration or designation,
it shall be deemed to include the power, exerciseable in like manner and
subject to the like conditions, if any, to amend or revoke any such order,
regulation, rule, constitutional or statutory instrument, resolution,
direction, declaration or designation as the case may be:
Provided that nothing in this subsection shall apply to the power to issue a
certificate conferred by paragraph (b) of subsection (6) of section 50 of this
Constitution.

b. is given to any person or authority to do or enforce the doing of any act or

thing, all such powers shall be deemed to be also given as are necessary to
enable that person or authority to do or enforce the doing of the act or
thing.
12. For the purposes of this Constitution a person shall not be regarded as holding
an office of emuloment under the Government by reason only that he is in
receipt of a pension or other like benefit in respect of service in an office under
the Government.
13. No provision of this Constitution that any person or authority shall not be
subject to the direction or control of any other person or authority in exercising
any functions under this Constitution shall be construed as precluding a Court
from exercising jurisdiction in relation to any question whether the person or
authority has performed those functions in accordance with this Constitution or
any other law.
14. Where, under any provision of this Constitution, any person or authority is
authorised or required to exercise any function after consultation with some
other person or authority, the person or authority shall not be required to act in
accordance with the advice of that other person or authority, and the question
whether such consultation was made shall not be inquired into in any court.
15. This Constitution shall be the supreme law of Sierra Leone and any other law
found to be inconsistent with any provision of this Constitution shall, to the
extent of the inconsistency, be void and of no effect.
• Designation of commander in chief 172. Legislation

1. Any reference in this Constitution to a law made before 27th April, 1961, shall,
unless the context otherwise requires, be construed as a reference to that law as
it had effect immediately before the coming into effect of this Constitution.
2. Any reference in this Constitution to a law that amends or replaces any other
law or any provision of any other law shall be construed as including a reference
to a law that modifies, re-enacts, with or without amendment or modification,
suspends, repeals, adds new provision, or makes different provisions in lieu of
that other law or that provision.
3. It is hereby declared that—
a. any power to make laws conferred by this Constitution includes power to

make laws having extraterritorial operation;
b. any reference in this Constitution to the functions of the President includes

reference to his functions as Commander-in-Chief of the Armed Forces of
the Republic;
c. the functions of the Commander-in-Chief of the Armed Forces of the

Republic shall be such as may be prescribed by Parliament.
• Supermajority required for legislation 173. Consequential provisions

The provisions of any Consequential Provisions Act made under this Constitution
and of any Act relating to citizenship shall not be amended, repealed, re-enacted or
replaced unless the Bill incorporating such amendments, repeal, re-enactment or
replacement is supported at the final vote thereupon by the votes of not less than
two-thirds of the Members of Parliament.

CHAPTER XIV: TRANSITIONAL PROVISIONS
174. Existing Constitution

In this Chapter “The existing Constitution” refers to the Constitution of Sierra Leone,
1978. [FN: Act No. 12 of 1978.]
175. Effect of Transitional provisions

The transitional provisions of this Constitution shall have effect notwithstanding
anything to the contrary contained in this Constitution or any other law.
176. Existing Law

In this Chapter, the expression “existing law” means any Act, rule, regulation, order
or other such instrument made in pursuance of, or continuing in operation under, the
existing Constitution and having effect as part of the laws of Sierra Leone or of any
part thereof immediately before the commencement of this Constitution or any Act
of the Parliament of the United Kingdom or Order of Her Majesty in Council so
having effect and may be construed with such modifications, adaptations
qualifications and exceptions as may be necessary to bring it into conformity with
this Constitution as if it had been under this Constitution.
177. Application of Existing Law

1. The existing law shall, notwithstanding the repeal of the Constitution of Sierra
Leone Act, 1978, have effect after the entry into force of this Constitution as if
they had been made in pursuance of this Constitution and shall be read and
construed with such modifications, adaptations, qualifications and exceptions as
may be necessary to bring them into conformity with this Constitution. [FN: Act
No. 12 of 1978.]
2. Where any matter that falls to be prescribed or otherwise provided for under
this Constitution by Parliament or by any other authority or person is prescribed
or provided for by or under an existing law (including any amendment to any
such law made under this section), or is otherwise prescribed or provided for
immediately before the commencement of this Constitution by or under the
existing Constitution, that prescription or provision shall, as from the
commencement of this Constitution have effect with such modifications,
adaptations, qualifications and exceptions as may be necessary to bring it into
conformity with this Constitution as if it had been made under this Constitution
by Parliament or, as the case may require, by the other authority or person.
3. Subject to the approval of Parliament, the President may, by order made after
the commencement of this Constitution but before the first dissolution of
Parliament under this Constitution, make such amendments to any existing law
as may appear to him to be necessary or expedient for bringing that law into
conformity with the provisions of this Constitution or otherwise for giving effect
or enabling effect to be given to the provisions of this Constitution.
4. The provisions of this section shall be without prejudice to any powers
conferred by this Constitution or by any other law upon any person or authority
to make provision for any matter, including the amendment or repeal of any
existing law.

178. Preservation of existing offices

1. Where any office has been established by or under the existing Constitution or
any existing law, and this Constitution establishes or provides for the
establishment of a similar or an equivalent office including the office of
President, Vice-President, Minister, Member of the Cabinet, Attorney-General
and Minister of Justice, Deputy Minister or any person who, immediately before
the commencement of this Constitution, holds or is acting in the former office
shall, so far as is consistent with the provisions of this Constitution, be deemed
as from the commencement of this Constitution to have been appointed, elected
or otherwise selected to hold or act in the latter office in accordance with the
provisions of this Constitution:
Provided that—
a. any person who under the existing Constitution or any existing law would
have been required to vacate his office at the expiration of any period or on
the attainment of any age shall vacate his office at the expiration of that
period or on the attainment of that age;
b. no alteration made in the functions, powers or duties of any office by this

Constitution shall entitle the holder thereof for the purpose of any law with
respect to pensions benefits to be treated as if his office had been
abolished.
2. The person who holds the office of President of the Republic of Sierra Leone
immediately before the coming into force of this Constitution shall continue to
be the President of the Republic of Sierra Leone after the commencement of this
Constitution until the first Presidential election is held under this Constitution:
Provided that the period served after the commencement of this Constitution
shall not count as a term or part of a term for the purposes of subsection (1) of
section 46.
3. The offices of Vice-Presidents under the existing Constitution shall remain in
force until the first dissolution of Parliament under this Constitution.
4. Any person who, by virtue of this section is deemed as from the commencement
of this Constitution to have been appointed, elected or otherwise selected to
hold or act in any office shall also be deemed as from the commencement of this
Constitution to have been appointed, elected or otherwise selected to hold or
act in that office, and shall also be deemed to have taken and subscribed any
necessary oath under this Constitution.
5. The High Court of Justice established under the provisions of subsection (4) of
section 120 of this Constitution shall be the successor to the High Court in being
immediately before the coming into force of this Constitution. [FN: Transitional.]
6. The Court of Appeal established under the provisions of subsection (4) of
section 120 of this Constitution shall be the successor to the Court of Appeal in
being immediately before the coming into force of this Constitution; and
accordingly the Court of Appeal as established by this Constitution shall be
bound to follow the decisions on questions of law binding on the Court of Appeal
as it existed immediately before the coming into force of this Constitution.
7. The Supreme Court established under the provisions of subsection (4) of section
120 of this Constitution shall be the successor to the Supreme Court in being
immediately before the coming into force of this Constitution.

8. The persons who immediately before the entry into force of this Constitution
were Justices of the Supreme Court, or Justices of the Court of Appeal, Judges
of the High Court established under Chapter VI of the existing Constitution shall
be deemed to have been appointed respectively Justices of the Supreme Court,
Justices of the Court of appeal and Judges of the High Court established by this
Constitution.
9. The person who immediately before the entry into force of this Constitution
held the office of Chief Justice of the Judiciary established under sections 100
and 101 of the existing Constitution shall be deemed to have been appointed
Chief Justice, and a Justice of the Supreme Court under this Constitution.
10. A person who is a member of the Public Service Commission established by the
existing Constitution may, notwithstanding that by reason of his having held or
been nominated for election to any office before the coming into effect of this
Constitution, he is disqualified to be appointed as a member of the Public
Service Commission established by this Constitution, continue in office under
this section as a member of that Commission and be re-appointed thereto upon
the expiration of his term of office.
11. In this Chapter, “pensions benefits” means any pensions, compensations,
gratuity, or other like allowances for the holder of that office in respect of his
service as a public officer or for the widow, children, dependants or personal
representative of such holder in respect of such service, whether or not accruing
from a contributory basis.
12. Reference in this Chapter to the law with respect to pensions benefits includes,
without prejudice to their generality, references to the law regulating the
circumstances in which such benefits may be granted or in which the grant of
such benefits may be refused, the law regulating the circumstances in which any
such benefits that have been granted may be withheld, reduced in amount or
suspended, and the law regulating the amount of any such benefits.
13. Notwithstanding anything contained in this Constitution to the contrary, any
Commission or Committee of Inquiry in existence immediately before the
coming into force of this Constitution may continue in existence until the
submission of its report or otherwise dissolved according to law.
179. Existing Parliament

1. The Parliament constituted by the existing Constitution (hereinafter referred to
as “the existing Parliament”) shall be deemed to be the Parliament at the
commencement of this Constitution and the existing Members shall be deemed
Members thereof and the said Parliament shall stand dissolved not later than
twelve months after the commencement of this Constitution.
2. The Constituencies into which Sierra Leone was divided immediately before the
commencement of this Constitution and until other provision is made in that
behalf in accordance with this Constitution shall be deemed to be the
Constituencies into which Sierra Leone is divided in pursuance of section 38 of
this Constitution; and the persons who immediately before the commencement
of this Constitution, are the elected Members of the existing Parliament
representing these constituencies shall be deemed as from the commencement
of this Constitution to have been elected to Parliament in accordance with
provisions of this Constitution as the elected Members representing the
respective constituencies corresponding to those constituencies and shall hold
their seats in accordance with the provisions of subsection (1).
3. The registers of voters having effect immediately before the commencement of
this Constitution for the purposes of elections to the existing Parliament shall,
as from the commencement of this Constitution, have effect as if they have been
compiled in pursuance of this Constitution.

4. The persons who, immediately before the commencement of this Constitution,

are Members of Parliament appointed by the President pursuant to the
provisions in paragraph (c) of subsection (1) of section 43 of the existing
Constitution, shall be deemed as from the commencement of this Constitution
to be Members of Parliament until the dissolution of Parliament in accordance
with the provisions of subsection (1) of this Constitution.
5. The persons who, immediately before the commencement of this Constitution
are the Speaker and the Deputy Speaker of the existing Parliament shall be
deemed as from the commencement of this Constitution to have been elected as
Speaker and Deputy Speaker of Parliament in accordance with the provisions of
this Constitution and shall hold office in accordance with those provisions.
6. Until Parliament otherwise provides, any person who holds or acts in any office,
the holding of which would under the existing law be a disqualification for
election to Parliament, shall be deemed not to be so disqualified as though
provisions in that behalf had been made in pursuance of this Constitution.
7. The Standing Orders of the existing Parliament as in force immediately before
the commencement of this Constitution shall until it is otherwise provided by
Parliament, be the Standing Orders of Parliament, but they shall be construed
with such modifications, adaptations, qualifications and exceptions as may be
necessary to bring them into conformity with this Constitution.
8. Any person who, by virtue of this section, is deemed as from the commencement
of this Constitution to have been elected as Speaker or any other Member of
Parliament shall be deemed to have taken and subscribed any necessary oath
under this Constitution.
180. Delegated Powers and inquiries

1. Any power that immediately before the commencement of this Constitution is
vested in an existing public service authority (that is to say, for example, the
President or the Public Service Commission) established by the existing
Constitution, and that, under the existing Constitution, is then delegated to
some other person or authority shall, as from the commencement of this
Constitution and so far as is consistent with the provisions of this Constitution,
be deemed to have been delegated to such person or authority in accordance
with those provisions.
2. Any matter that, immediately before the commencement of this Constitution, is
pending before an existing public service authority shall, so far as is consistent
with the provisions of this Constitution, be continued before the corresponding
public service authority established by this Constitution, and any matter that,
immediately before the commencement of this Constitution, is pending before a
person or authority to whom power to deal with that matter has been delegated
by an existing public service authority shall, so far as is consistent with the
provisions of this Constitution, be continued before the person or authority to
whom that power was delegated:
Provided that, where the hearing of a disciplinary proceeding has begun but has
not been completed immediately before the commencement of this
Constitution, the continued hearing shall not be held before any person unless
the hearing that has already taken place was also held before him; and where, by
virtue of this provision, the hearing cannot be continued it shall be
recommenced.

181. Continuation of matters

Where any matter or thing has been commenced before the coming into force of this
Constitution by any person or authority having power in that behalf under the
existing law, that matter or thing may be carried on and completed by the person or
authority having power in that behalf on or after such commencement and it shall
not be necessary for any such person or authority to commence any such matter or
thing de novo.
182. Legal proceedings

Subject to the provisions of sections 183 and 184 legal proceedings pending
immediately before the coming into force of this Constitution before any Court,
including civil proceedings by or against the Government, shall not be affected by the
coming into force of this Constitution and may be continued accordingly.
183. Appeals
1. Any proceedings pending immediately before the entry into force of this
Constitution before the existing High Court or any proceedings on appeal from
that Court so pending before the existing Court of Appeal or any proceedings on
appeal from the Court of Appeal before the Supreme Court may be continued
after the entry into force of this Constitution before the High Court or the Court
of Appeal or the Supreme Court established by this Constitution as the case may
be.
184. Jurisdiction of Courts

1. On and after the 14th day of June, 1978, no Court having jurisdiction under the
laws of Sierra Leone shall, by virtue of the Colonial and Other Territories
(Divorce Jurisdiction) Act, 1926 to 1950, have jurisdiction to make a decree for
the dissolution of a marriage, or as incidental thereto to make an order as to any
matter, unless proceedings for the decree were instituted before the
commencement of this Constitution.
2. Except as provided by subsection (1) and subject to any provision to the
contrary which may be made on or after the commencement of this Constitution
by or under any law made by any legislature established for Sierra Leone, all
courts having jurisdiction under the laws of Sierra Leone shall on and after that
day have the same jurisdiction under the said Acts as they would have had if this
Constitution had not been passed.
3. The reference in subsection (1) to proceedings for the dissolution of a marriage
includes references to proceedings for such a decree of presumption of death
and dissolution of marriage as is authorised by section 1 of the Matrimonial
Causes Act, 1950.
185. Finance
The Public Funds known as the Consolidated Fund and the Contingencies Fund
established by the existing Constitution shall respectively continue in being as the
Consolidated Fund and the Contingencies Fund established respectively by sections
111 and 116 of this Constitution.

186. Financial Authorization

Every payment required or authorised to be made out of a Public Fund under any law
in force immediately before the commencement of this Constitution is hereby
charged on that Fund.
187. Official Seals, etc

The Public Seal, the seals of the High Court, the Court of Appeal and the Supreme
Court, together with any duplicates thereof and any other official seal, as well as any
prescribed forms in use under any law in force immediately before the
commencement of this Constitution may be employed on and after that date by the
corresponding authorities under any law in force at the said commencement and
contained in the existing law.
188. Continuation of Police Forces

The Sierra Leone Police Force established by the Police Act, 1964 and in being
immediately before the commencement of this Constitution shall continue in being
thereafter and be deemed to be the Police Force of the Republic of Sierra Leone and
any law in force immediately before the commencement of this Constitution in
relation to the said Police Force shall have effect accordingly. [FN: Act No. 7 of
1964.]
189. Continuation of the Military Forces

The Republic of Sierra Leone Military Forces established by the Sierra Leone Military
Forces Act, 1961 in being immediately before the commencement of this
Constitution shall continue in being thereafter and be deemed to be the Military
Forces of the Republic of Sierra Leone, and any law in force immediately before the
commencement of this Constitution in relation to the said Military Forces shall have
effect accordingly. [FN: Act No. 34 of 1961.; Act No. 29 of 1972.]
190. Repeal of Act No. 12 of 1978 and Savings

The Constitution of Sierra Leone, 1978 is hereby repealed in so far as it affects the
laws of Sierra Leone:
Provided that notwithstanding such repeal, all laws made by virtue of any authority
therein contained shall remain in full force and effect to the same extent as if that
Constitution had not been repealed.
191. Reprint
The President may within a period of three years from the coming into force of this
Constitution cause these provisions to be reprinted and published without the
transitional provisions in this Constitution.
192. Commencement of Act No. 6 of 1991

This Act shall come into operation on the 1st day of October, 1991, following the
issuance of a certificate by the Speaker in the form set out in the Fourth Schedule
that the provisions of section 55 of the existing Constitution have been complied
with. [FN: Act No. 12 of 1978.]

FIRST SCHEDULE: TERRITORY OF SIERRA LEONE

The area in West Africa lying between the sixth and tenth degrees of north latitude
and the tenth and fourteenth degrees of west longitude and bounded on the north by
the boundary line delimited under the provisions of the Anglo-French Convention
dated the twenty-eight day of June, 1882, the Anglo-French Agreement dated the
twenty-first day of January, 1895, and the notes exchanged between His Britannic
Majesty’s Principal Secretary of State for Foreign Affairs and the Ambassador of the
French Republic, and dated the sixth day of July, 1911, and on the South by the
Anglo-Liberian boundary line delimited under the provisions of the Anglo-Liberian
Conventions dated the eleventh day of November, 1885 and the twenty-first day of
January, 1911.
• God or other deities

• Oaths to abide by constitution
SECOND SCHEDULE: PRESIDENT’S OATH
“I do hereby (in the name of God swear) (solemnly affirm) that I will at all times well
and truly discharge the duties of the office of the President of the Republic of Sierra
Leone according to law, that I will preserve, support, uphold, maintain and defend the
Constitution of the Republic of Sierra Leone as by law established, and that I will do
right to all manner of people according to law, without fear or favour, affection or
ill-will. (So help me God.)
• God or other deities

• Oaths to abide by constitution
THIRD SCHEDULE
Oath of the Vice-President, Ministers and Deputy Ministers, Attorney-General and
Minister of Justice, Secretary to the President, Secretary to the Cabinet,
Solicitor-General, Director of Public Prosecutions, Members of the Electoral
Commission, the Speaker, Members of Parliament, Auditor-General, Members of the
Public Service Commission, The Chief Justice and Judges of the Superior Court of
Judicature, Members of the Judicial and Legal Service Commission, Members of the
Police Council, Members of the Defence Council.
“I do hereby (in the name of God swear) (solemnly affirm) that I will faithfully and
truly discharge the duties of the office of of the Republic of Sierra Leone, and that I
will support, uphold and maintain the Constitution of Sierra Leone as by law
established. (So help me God.)
OATH OF THE SPEAKER
“I do hereby (in the name of God swear) (solemnly affirm) that I will bear true faith
and allegiance to the Republic of Sierra Leone as by law established; that I will
faithfully and conscientiously discharge my duties as Speaker of Parliament, and that
I will do right to all manner of people in accordance with the Constitution of Sierra
Leone and uphold the Laws and customs of Parliament without fear or favour,
affection or ill- will. (So help me God.)
OATH OF MEMBER OF PARLIAMENT
“I having been elected a Member of Parliament do hereby (in the name of God swear)
(solemnly affirm) that I will bear true faith and allegiance to the Republic of Sierra
Leone as by law established, that I will uphold and defend the Constitution of Sierra
Leone, and that I will faithfully and conscientiously discharge the duties of a Member
of Parliament. (So help me God.)
THE JUDICIAL OATH

“I do hereby (in the name of God swear) (solemnly affirm) that I will faithfully and
truly discharge the duties of the office of and that I will support and uphold the
Constitution of Sierra Leone as by Law established, and that I will do right to all
manner of people after the laws and usages of Sierra Leone without fear or favour
affection or ill-will. (So help me God.)
FOURTH SCHEDULE: DECLARATION OF COMPLIANCE

I WILLIAM NIAKA STEPHEN CONTEH, Officer of the Order of the Republic of
Sierra Leone, Speaker of the Parliament of Sierra Leone, do hereby certify that a Bill
entitled “THE CONSTITUTION OF SIERRA LEONE, 1991” was first introduced by
the Honourable ABDULAI OSMAN CONTEH, Officer of the Order of the Republic of
Sierra Leone, Attorney-General and Minister of Justice of Sierra Leone in the Fifth
Session of the Third Parliament of Sierra Leone on the 4th day of June, 1991, then
passed the First Reading, the Second Reading and the Committee Stage (with certain
amendments made thereto) and that on the 1st day of July, 1991 the said
Honourable ABDULAI OSMAN CONTEH, Officer of the Order of the Republic of
Sierra Leone, Attorney-General and Minister of Justice of Sierra Leone, reported to
the House that the Bill entitled “THE CONSTITUTION OF SIERRA LEONE, 1991”
passed the House with certain amendments.
I further certify that on the 3rd day of August, 1991, the said Bill entitled “THE
CONSTITUTION OF SIERRA LEONE, 1991” in accordance with the provisions of
subsection (3) of Section 55 of the Constitution of Sierra Leone, 1978 (Act No. 12 of
1978), has been submitted to and been approved at a Referendum conducted on the
23rd, 26th, 28th and 30th days of August, 1991 and been approved with the majority
required under sub-section (4) of Section 55 of the Constitution of Sierra Leone,
1978.
I further certify that all the appropriate provisions of Section 55 of the Constitution
of Sierra Leone, 1978 have been complied with and that the said Bill entitled “THE
CONSTITUTION OF SIERRA LEONE, 1991” may therefore be submitted to His
Excellency the President for his assent and signature.
GIVEN under my hand this 3rd day of September, 1991. W. N. S. CONTEH, Speaker.
Passed in Parliament this 1st day of July, in the year of our Lord one thousand nine
hundred and ninety-one. M. T. BETTS-PRIDDY, Acting Clerk of Parliament.

Topic index
Access to higher education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 46
Binding effect of const rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Census . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Compulsory education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Constitutional interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Deputy executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35, 95, 100
Duty to obey the constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 13
Duty to serve in the military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Duty to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30, 31

Electoral districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43, 51
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 52
Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Eligibility for ordinary court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Eligibility for supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 57
Equality regardless of creed or belief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Equality regardless of origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Equality regardless of race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Equality regardless of skin color . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Equality regardless of tribe or clan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43, 44
Establishment of judicial council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Extradition procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 51

Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Free education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 23
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 23
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 16
Freedom of opinion/thought/conscience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 23

God or other deities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Head of state powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 40
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39, 41
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Head of state term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61, 62

Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Integration of ethnic communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 35
Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Judicial precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Jury trials required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62, 76
Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Legislative oversight of the executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Length of legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Mandatory retirement age for judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

Minimum age for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
National anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
National flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
National motto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 107

Official or national languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 58
Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Power to declare/approve war . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Power to deport citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35, 45
Presumption of innocence in trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Principle of no punishment without law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Prohibited political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Prohibition of double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Protection from false imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Protection of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Protection of judges' salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Protection of language use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Radio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 23
Reference to art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Reference to science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Regional group(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Regulation of political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52, 53
Replacement of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Restrictions on political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Restrictions on the armed forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Right to appeal judicial decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Right to choose occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 13
Right to conscientious objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Right to culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Right to equal pay for work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to establish a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Right to examine evidence/ witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Right to form political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Right to health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to join trade unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 18
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Right to rest and leisure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to safe work environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Right to speedy trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Right to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Scheduling of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Selection of active-duty commanders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Size of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
State support for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
State support for the disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
State support for the elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71, 73, 75, 76
Supermajority required for legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Supreme court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73, 74
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Supreme court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Supreme/ordinary court judge removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63, 65

Telecommunications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 23
Term length for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Trial in native language of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Veto override procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

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Sierra Leone's Constitution of

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 2

33. Functions of the Electoral Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 3

67. Secretary to the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

CHAPTER VI: THE LEGISLATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 4

100. Immunity from service of process and arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 5

131. Composition of the High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

CHAPTER VIII: THE OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 6

161. Protection of pension rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

CHAPTER XIV: TRANSITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . 101

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 7

FIRST SCHEDULE: TERRITORY OF SIERRA LEONE . . . . . . . . . . . . . . . . . . . . 107

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 8

CHAPTER I: THE REPUBLIC OF SIERRA LEONE

3. The National Flag and National Anthem

CHAPTER II: FUNDAMENTAL PRINCIPLES OF STATE

• Duty to obey the constitution 4. Fundamental obligations of Government

• Type of government envisioned 5. Government and the people

a. sovereignty belongs to the people of Sierra Leone from whom Government

c. the participation of the people in the governance of the State shall be

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 9

a. harness all the natural resources of the nation to promote national

d. place proper and adequate emphasis on agriculture in all its aspects so as to

e. ensure that Government shall always give priority and encouragement to

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 10

c. the Government shall secure and maintain the independence, impartiality

b. safeguarding the rights of vulnerable groups, such as children, women and

c. providing the necessary structures, finance and supportive facilities for

a. free adult literacy programmes;

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 11

c. free senior secondary education as and when practicable.

10. Foreign policy objectives

a. the promotion and protection of the National interest;

c. the promotion of international co-operation for the consolidation of

• Right to culture 12. Enhancement of national culture

b. recognize traditional Sierra Leonean institutions compatible with national

c. protect and enhance the cultures of Sierra Leone; and

d. facilitate the provision of funds for the development of culture in Sierra

• Binding effect of const rights 13. Duties of the citizen

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 12

or constituted under this Constitution or any other law;

b. cultivate a sense of nationalism and patriotism so that loyalty to the State

f. make positive and useful contributions to the advancement, progress, and

i. participate in and defend all democratic processes and practices; and

j. render assistance to appropriate and lawful agencies in the maintenance of

14. Fundamental principles not justiciable

CHAPTER III: THE RECOGNITION AND PROTECTION OF

15. Fundamental Human Rights and Freedoms of the

Sierra Leone 1991 (reinst. 1996, rev. 2008) Page 13

• Freedom of assembly b. freedom of conscience, of expression and of assembly and association;

c. respect for private and family life; and

d. protection from deprivation of property without compensation;

16. Protection of right to life

b. in order to effect a lawful arrest or to prevent the escape of a person