ILRAJ Questions Speaker’s Ruling on Constitutional Amendment Voting Requirement

The Institute for Legal Research and Advocacy for Justice (ILRAJ) has raised serious concerns over the circumstances surrounding Parliament’s passage of the Constitution of Sierra Leone (Amendment) Bill, 2025, particularly the disputed voting threshold.

In a statement issued on Wednesday, 12 August 2026, ILRAJ argued that Section 108(2)(b) of the 1991 Constitution requires constitutional amendment Bills to receive the support of at least two-thirds of Members of Parliament at both the second and third readings. The organisation stressed that this requirement is separate from the referendum provision under Section 108(3).

ILRAJ questioned why Parliament declared the Bill passed on 10 August while the interpretation of the required voting threshold remained disputed. It was particularly concerned that the Speaker declared the Bill passed before referring the constitutional question to the Supreme Court.

The organisation argued that if the uncertainty was serious enough to require the Supreme Court’s intervention, clarification should have been obtained before Parliament acted, warning that the process had created what it described as a “constitutional fait accompli.”

ILRAJ also raised concerns over reports that civil society representatives and members of the public observing proceedings were removed from Parliament’s Well over an alleged security threat. It called for a full explanation of who assessed the threat, what prompted the decision and the authority under which the observers were removed.

While acknowledging the Supreme Court’s constitutional role in interpreting and enforcing the Constitution, ILRAJ said the controversy presents a test for Parliament, the Executive and the Judiciary, particularly regarding constitutional interpretation and judicial independence.

The organisation also reiterated concerns about provisions of the amendment Bill, including the proposed permanent entrenchment of proportional representation and the reduction of the presidential election threshold from 55 percent to 50 percent plus one, alongside a geographic spread requirement. However, it welcomed the proposed constitutional guarantee of a minimum 30 percent quota for women in political nominations.

ILRAJ stressed that constitutional reforms should be judged not by which political side benefits, but by whether they strengthen democracy and are adopted through a process that enjoys constitutional and public legitimacy.

The organisation called on constitutional actors to avoid creating irreversible consequences while questions surrounding Section 108 remain unresolved and said it would continue monitoring the matter, including supporting public-interest litigation and advocacy where necessary.

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