Supreme Court Challenged Over Sierra Leone's 2025 Constitutional Amendment Process
Joseph Fitzgerald Kamara announced that his legal team had filed an Originating Notice of Motion before the Supreme Court of Sierra Leone on behalf of his client, Member of Parliament Hon. Osman Abdal Timbo.
In a statement issued by the legal counsel, Mr. Kamara explained that the lawsuit seeks the highest court’s determination on critical constitutional questions arising from the processing of the Constitution of Sierra Leone (Amendment) Bill, 2025.
Their challenge centers on the proper interpretation of Sections 91(1) and 108 of the 1991 Constitution, specifically highlighting the mandatory publication requirements under Section 108(2)(a) and the parliamentary majority threshold under Section 108(2)(b).
These provisions, Mr. Kamara stressed, serve as fundamental constitutional safeguards designed to protect the nation's core legal framework from hasty, partisan, or surreptitious amendments.
The legal action follows intense debate over the parliamentary procedure used to process the 2025 Amendment Bill. The Speaker of Parliament had previously ruled that the general voting provision under Section 91(1) applied to the Bill, allowing the matter to be determined by a simple majority of Members present and voting.
However, Hon. Timbo’s legal team argues that Section 108(2)(b) imposes a separate, mandatory requirement for constitutional amendments, necessitating the support of not less than a two-thirds majority of all Members of Parliament.
Emphasizing that the suit is rooted in constitutional principle rather than political disagreement, Counsel Kamara stated that the objective is to ensure all branches of government—including Parliament, the Executive, the President, the Speaker, and the Attorney-General—operate strictly within the boundaries established by the Constitution.
He commended Hon. Timbo for his courage in initiating the legal challenge, expressing his client's unwavering commitment to upholding the rule of law and preserving constitutional supremacy.
Mr. Kamara affirmed that his client has placed his full faith in the Supreme Court to deliver an authoritative ruling that will safeguard the integrity of the country's constitutional order and amendment process for future generations.
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