APC and MPs Challenges Constitutional Amendment Bill in Supreme Court
- Grace Bangura
- 5 hours ago
- 2 min read
The All People’s Congress (APC), along with Members of Parliament Hon. Abdul Kargbo and Hon. Daniel Koroma, has filed an Originating Notice of Motion in the Supreme Court of Sierra Leone.
The lawsuit challenges the constitutional validity of the Speaker of Parliament’s ruling on August 10, 2026, regarding the Constitution of Sierra Leone (Amendment) Bill, 2025. Named as defendants in the action are the Speaker of Parliament, the Attorney-General and Minister of Justice, and the Clerk of Parliament.
Lead counsel Joseph Fitzgerald Kamara stated that the suit asks the apex court to resolve critical constitutional questions regarding whether general voting procedures under Section 91(1) can override or displace the specific parliamentary thresholds mandated for constitutional amendments under Section 108(2)(b).
According to Mr. Kamara, the plaintiffs contend that by applying Section 91(1) to circumvent Section 108(2)(b), the Speaker improperly interfered with and purported to oust the exclusive jurisdiction of the Supreme Court under Sections 124 and 127 of the Constitution.
The legal team further questions whether Section 94(2), alongside Sections 171(13) and 171(15), can permit Parliament or its presiding officer to conclusively determine the constitutionality of their own proceedings to the exclusion of judicial review.
Mr. Kamara emphasized that these provisions must be interpreted in alignment with constitutional supremacy and the separation of powers to safeguard the Court’s ultimate authority.
The dispute shifts a heated parliamentary battle into the judicial arena, seeking clarity on the boundaries of legislative discretion when amending the constitution.
Mr. Kamara noted that until the Supreme Court issues a final ruling, the arguments set forth in the motion represent unresolved constitutional questions rather than binding findings against the defendants.
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