By Sylvanus Koroma, aka WHAT A MAN
In nutshell, there would be no Abolition of Death Penalty Act, 2021, unless a referendum is done to effect it! The so called ordinary or subordinate laws which the Parliament has amended are not as ordinary as people are tempted to think. The effect of repealing those legislations has rendered Section 16(1) irrelevant and inoperative, thus amounting to the alteration of an entrenched section. The repeal of those legislations has deprived Section 16(1) of its recognition of the death penalty. That deprivation is effectively an alteration which can only be legally sustained by way of a referendum as stated in Section 108 particularly Section 108(3) of the Constitution.
The drafters of the 1991 Constitution could not have intended a dormant Section 16(1) or any other provision of the Constitution for that matter. All provisions of the Constitution are operative, not dormant. It is worthy to note the definition of the term ‘alteration’ in this discussion. The Oxford Dictionary of Law (8th Edition) defines alteration: A change that, when made in a legal document, may affect its validity. With this I will conclude that my argument relies on Section 171(15) of the Constitution of Sierra Leone, Act No. 6 of 1991.
WHERE ARE OUR PARLIAMENTARIANS ON THE ISSUE OF THE PRESIDENT’S PROCLAMATION ON CURFEW ORDER AND STOPPING PEOPLE FROM PRAYING IN THEIR RELIGIOUS HOUSES?
I want Sierra Leoneans to look at the constitutionality of the proclamation of the President in passing ‘Curfew Order’ as a law and as well as stopping people from going to their religious houses of prayers for over a month now without taking these orders to Parliament for approval.
Is there any law pursuant to which the President can make such proclamation as law for such a long time without taking that order to Parliament for approval? I honestly want to know. If there is no such law, and knowing the position of Sections 171 and 29(1)(3) of the 1991 Constitution Act No. 6 of 1991, on Public Emergency situations, then, I am tempted to say that the President is abusing his power. Mere proclamation is not law until it is approved by Parliament and its exceptions can only allow a proclamation as law for 7 or 21 days without the approval of Parliament under a State Of Emergency situation. At the end of the 7 or 21 days such proclamation under a State Of Emergency elapses as law without the approval of the Parliament. The question is, ‘Where does our Parliament stand on all of this?’
@Sylvanus Fornah Koroma (What a Man!)
@ SYLVANUS FORNAH KOROMA JR. (WHAT A MAN!)