President Bio Cannot Sack Electoral Commissioner – Attorney General

President Bio Cannot Sack Electoral Commissioner – Attorney General

The Attorney General and Minister of Justice, Alpha Sesay, has clarified that the President lacks the constitutional authority to unilaterally dismiss the Chief Electoral Commissioner, Edmond Sylvester Alpha . He emphasized that such an action would contravene established legal frameworks.

During a recent address on Truth Media, the Attorney General explained that while the Constitution empowers the President to appoint the Chief Electoral Commissioner and other commissioners, these appointments must be conducted in consultation with the leadership of registered political parties.

Mr. Sesay noted that although the Constitution mandates consultation, it does not explicitly define the procedural requirements. He highlighted that President Julius Maada Bio implemented a formalized approach by soliciting written feedback from political entities. Of the fourteen registered parties that responded, twelve expressed their support for the appointment of Mohamed Konneh.

The Attorney General further observed that the President is not legally bound to follow the advice received during these consultations and is permitted to exercise his own discretion in the final decision-making process.

He further stated that the Constitution provides no mechanism for the President to remove the Commissioner from office, except under rigorous legal conditions such as proven misconduct or inability to perform the functions of the office.

Given that the Commissioner has been duly confirmed by Parliament and sworn into office, any attempt at removal outside of the specified legal grounds would be deemed unconstitutional. Consequently, the Attorney General indicated that he would advise the President against such a course of action.

In conclusion, it was noted that while discussions regarding this matter have taken place with the opposition All People's Congress (APC), the constitutional protections regarding the Commissioner's tenure remain absolute.