By Rev. Gibrilla Kargbo
At a time like this, the National Commission for Democracy (NCD) and related institutions must not remain silent when constitutional order is openly questioned and challenged. The events of Monday, August 10, 2026, demand urgent reflection. The NCD was established in 1994 under NPRC Decree No. 15 and later upgraded into a statutory institution by Act No. 3 of 1996, with a clear mandate:
“To educate and encourage the public to defend the Constitution against all forms of abuse and violations.” (Act No. 3 of 1996)
What transpired in Parliament on that day—using section 91(1) instead of section 108(2)(b) of the 1991 Constitution (Act No. 6)—to amend the Constitution has been described by opposition parties, scholars, and activists as nothing short of a violation of constitutional procedure. The failure to comply with the correct process is not a trivial matter; it is an affront to the sovereignty of the people and a dangerous precedent for democratic governance.
The Constitutional Framework and Precedent
- Section 91(1):
Simple majority rule for parliamentary decisions. - Section 108(2)(b):
Requires a two-thirds majority for constitutional amendments. - Section 124:
Grants the Supreme Court original jurisdiction in constitutional interpretation.
The landmark case APC & Others v. The Speaker of Parliament & Others (2002) affirmed that when Parliament acts unconstitutionally, the Court must intervene. Comparisons with the 2013 Amendment of section 79 highlight the difference: then, due process was followed; now, it is violated.
The Role of the President, Judiciary, and State Institutions
- President:
Parliamentary procedures are incomplete without Presidential Assent. The President must err on the side of caution, seek judicial opinion under section 122(1), and act in the national interest. - Judiciary:
Despite misgivings, the courts remain the last hope for democracy. Under section 124, the Supreme Court must interpret the Constitution and safeguard democracy. Judicial review, checks and balances, and constitutional supremacy are sacred duties. - State Institutions:
NCD, HRCSL, and ECSL must raise awareness, issue reports, and pressure Parliament to respect procedures. Strong democracies depend on strong institutions. Silence or compromise is betrayal.
The Role of the Political Class
The greatest compromise in Sierra Leone has been the sellout of the political class, where principles are discarded for survival. Politicians must challenge unconstitutional acts in court, enforce discipline, and prioritize principles over expediency.
History reminds us that power is transient. Leaders must learn from the mistakes of predecessors before it is too late. Posterity will honor those who defend constitutional order and condemn those who betray it.
The Role of Civil Society Organizations
CSOs must monitor parliamentary proceedings, publish watchdog reports, educate citizens, and mobilize peaceful advocacy. They must resist co-optation and revive their watchdog role. Citizens expect CSOs to stand for truth, defend constitutionalism, and resist political manipulation.
The Question of Legitimacy
Defending constitutionality requires absolute legal validity. When procedural legitimacy is compromised, amendments risk being viewed as political edicts rather than supreme law. The opposition walkout and Parliament’s continuation in their absence cast doubt on legitimacy. Reform must serve the collective interest, not partisan expediency.
Comparative Lessons
- Ghana:
Strict enforcement of supermajority rules. - Kenya:
Judiciary empowered to uphold constitutional supremacy. - South Africa:
Judicial review prevents dilution of safeguards.
Lesson: The judiciary must be vigilant and empowered to protect constitutional order.
Consequences
- Short-term:
Instability, erosion of trust, opposition walkouts, governance paralysis. - Long-term:
Entrenched authoritarianism, weakened institutions, systemic constitutional crisis.
Conclusion
The interconnected roles of the Executive, Judiciary, state institutions, political parties, and civil society—reinforced by comparative lessons—all converge on one imperative: strict adherence to constitutional safeguards is non-negotiable.
Sierra Leone’s democracy can only be sustained if constitutional order is defended with vigilance, courage, and integrity. Constitutional amendment is not a casual affair; it is the highest expression of sovereignty and must be handled with transparency and due process. The time to defend our democracy is now.
