Hon. Saa Francis Bhendu
Africa-Press – Sierra-Leone. As Sierra Leone continues its democratic journey, political parties play a central role in shaping who participates in governance and national leadership.
Among these parties, the All People’s Congress (APC) remains a historic and dominant force. However, recent revisions to its constitution specifically the clause requiring a five-year continuous membership before one can contest for leadership positions raise troubling constitutional, legal, and democratic concerns.
This article aims to examine whether such a clause aligns with the 1991 Constitution of Sierra Leone and whether it serves the broader interest of democracy, fairness, and political renewal.
The Constitutional Conflict:
The 1991 Constitution the supreme law of the land clearly outlines the qualifications for a citizen to contest for the presidency under Section 41. According to that provision, a person must:
Be a citizen of Sierra Leone by birth;
Be at least 40 years old;
Be a member of a political party; and
Be qualified to be elected as a Member of Parliament.
There is no reference whatsoever to a minimum number of years of party membership. By introducing a five-year threshold, the APC constitution adds a condition not prescribed by the national constitution. This action violates Section 171(15) of the Constitution, which declares that:
“Any law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void and of no effect.”
Simply, no party constitution or rule can override the national Constitution.
Democratic Participation and the Right to Associate
Beyond the legal conflict, the clause also challenges the spirit of democratic participation and inclusivity. Sierra Leone’s Constitution, under Section 26, protects the right to freedom of association, which includes the right to freely join and participate in the activities of a political party.
By restricting key positions to individuals who have served five continuous years, the APC is effectively telling new or returning members, no matter how qualified or popular they may be, that they are second-class citizens in the party. Such exclusion undermines the principles of fairness, equal opportunity, and renewal that every democracy should uphold.
The Political Cost
From a political standpoint, the five-year clause could weaken internal party democracy. It risks entrenching established interests and alienating potential reformers, young leaders, or returning figures who could contribute fresh energy and ideas.
In a nation where voter loyalty is shifting, and political trust is increasingly earned, not inherited, blocking credible candidates based on arbitrary timelines may do more harm than good to the APC’s image and electoral prospects.
A Call for Constitutional Compliance and Reform
It is not too late for the APC to reflect and reform. A party of its stature must not allow internal rules to trump constitutional rights. As a public institution that shapes national leadership, it has a moral and legal obligation to operate within the bounds of the law and the principles of democratic inclusivity.
The five-year clause should be suspended, reviewed, or legally challenged, as necessary. Party members should be encouraged to participate in open and fair leadership contests, based on merit, vision, and service not merely on duration of membership.
Conclusion
No party is above the Constitution. While internal rules are important for order and discipline, they must never be used to exclude constitutionally qualified Sierra Leoneans from political participation. Democracy thrives not when it is guarded by gatekeepers, but when it is opened to genuine competition, fairness, and respect for the rule of law.
Let the APC lead by example. Let it prove that loyalty to the party does not mean disloyalty to the Constitution.
Hon. Saa Francis Bhendu.
Source: Sierraloaded
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