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The Attorney General and Minister of Justice, Alpha Sesay, has stated that the President does not possess the constitutional authority to unilaterally remove the Chief Electoral Commissioner, Edmond Sylvester Alpha, from office.
Speaking during a recent address on Truth Media, Sesay emphasized that any such action would be inconsistent with the legal and constitutional framework governing Sierra Leone’s electoral system.
He explained that while the Constitution grants the President the power to appoint the Chief Electoral Commissioner and other members of the Electoral Commission, this authority is subject to specific procedural and legal constraints.
According to the Attorney General, the appointment process requires consultation with the leadership of registered political parties. He noted that although the Constitution mandates consultation, it does not clearly define how that process should be conducted.
In practice, Sesay said, President Julius Maada Bio adopted a structured approach by requesting written submissions from political parties. He disclosed that out of fourteen registered parties that responded, twelve supported the appointment of Mohamed Konneh.
Sesay further clarified that while consultation is a constitutional requirement, the President is not obligated to adopt the recommendations provided by political stakeholders. Instead, the President retains the discretion to make a final decision after the consultation process has been completed.
On the issue of removal, the Attorney General stressed that the Constitution does not provide the President with unilateral powers to dismiss the Chief Electoral Commissioner.
He explained that removal can only occur under strict legal conditions, such as proven misconduct or incapacity to perform official duties, and must follow due process.
He added that since the Commissioner has already been confirmed by Parliament and sworn into office, any attempt to remove him outside these constitutional provisions would be deemed unlawful. As such, Sesay indicated that he would advise against any action that could contravene the Constitution.
The Attorney General also acknowledged that discussions surrounding the matter have involved members of the opposition All People’s Congress. However, he maintained that constitutional safeguards protecting the tenure of the Chief Electoral Commissioner remain firmly in place.
His remarks come amid ongoing public and political debate over the scope of presidential powers in relation to independent constitutional bodies.
