By Edmond Abu Jr (Olonto Jr – The Fontoba Activist)
Africa-Press – Sierra-Leone. Following my recent video on Facebook regarding the eligibility of former Vice President Chief Samuel Sam-Sumana, I have been inundated with hundreds of calls and messages some of them even toxic.
To settle the matter, let me scale up a little and cut to the academic chase.
For the constitutional lawyers, my answer is a resounding YES: the former Vice President or indeed any new member aspiring for the presidential ticket can be eligible, according to the grand norm of Sierra Leone, the 1991 Constitution, Act No. 6.
First, let me make a point: the security architecture of today’s democracy does not necessarily protect the people, but the ruling class. That is another thesis for another day. Still, democracy has evolved beyond the textbook definition of “government of the people, by the people, and for the people.” Case in point: leaders such as President Xi of China, President Putin of Russia, and Paul Kagame of Rwanda may not be labelled “democratic” by scholars, yet they remain governments “of the people.”
In my over 30 years of activism, having visited countries across five continents, I have come to realize that what sustains democracy is respect for fundamental human rights, the rule of law, order, and due process. But laws are often shaped by the mindset of their framers, and that can either make or break a nation.
Unfortunately, in Africa, constitutional frameworks are too often crafted to serve the ruling elite rather than the people. In Sierra Leone, since 1991, successive presidents have failed to reform the Constitution because it grants excessive power to the ruling class. Unlike in the U.S., where clear qualifications exist for presidential aspirants (natural-born citizen, minimum 14 years residency, etc.), Sierra Leone’s Constitution leaves gaps that have been deliberately unaddressed.
For example, Section 41 of the 1991 Constitution sets out the requirements to run for President:
You must be a citizen of Sierra Leone by birth;
You must be at least 40 years old;
You must meet all the qualifications for being a Member of Parliament (no criminal record, no dual citizenship, etc.).
There is no provision requiring continuous residence in Sierra Leone before contesting. This omission, deliberate or not, leaves room for aspirants like Chief Sam-Sumana or even new entrants such as Mohamed Omodu Kamara (Jagaban) to claim eligibility.
Therefore, any additional requirements imposed by political parties, such as lengthy membership duration or residency clauses, are arguably null and void, since Section 171(15) of the Constitution declares that no law may contradict the national Constitution.
In other words, if a Sierra Leonean meets the constitutional requirements citizenship, age, and parliamentary qualifications they can legally contest for a flagbearer position, regardless of whether they are a “new” member of APC or SLPP, or even a former member returning to the fold.
This is why, constitutionally, Chief Sam-Sumana or any other new aspirant should not be barred from contesting, so long as they satisfy the basic qualifications set out in Section 41.
The bigger lesson is this: Sierra Leone urgently needs constitutional reform to close loopholes, strengthen democracy, and ensure fairness in political competition. Until then, the 1991 Constitution remains the supreme law of the land, and it clearly leaves the door open for both old and new contenders.
Source: Sierraloaded
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