Legal Showdown Between Attorney General’s Office and ECSL Over Kenema District Council Chairman Vacancy

The Office of the Attorney General and Minister of Justice is engaged in a legal battle with the Electoral Commission for Sierra Leone (ECSL) concerning the vacant position of the Kenema District Council (KDC) Chairman, following the death of Chairman Mohamed Amadu Sesay on August 6, 2024.

During a hearing before Justice Momoh Jah Stevens, Solicitor General Robert Kowa outlined the government’s case, mentioning that they had received ECSL’s affidavit. He noted that the Minister of Local Government and Community Affairs had been officially notified of the chairman’s death on August 15, 2024, and subsequently sought the Attorney General’s legal advice on how to proceed with the vacancy.

Kowa explained that on August 19, 2024, the Attorney General provided a legal opinion detailing the steps to address the vacancy, taking into account that the Local Government Act of 2022 does not specifically address such scenarios. He highlighted that this lack of clarity necessitated an interpretation of the existing laws.

Kowa’s main argument focused on Section 15 of the Local Government Act of 2022, which, according to him, dictates that the deputy should automatically assume the role of the District Council Chairman when a vacancy arises. He emphasized that since the chairman and deputy were elected together, the transition of the deputy to the chairman’s position should be straightforward, without the need for a by-election.

He also pointed out that the previous Local Government Act of 2004 had a clear provision for by-elections to fill the chairman’s seat, which was omitted in the 2022 Act. Kowa argued that this omission was intentional and urged the court to interpret the law in a manner consistent with the legislative intent.

In contrast, ECSL’s lead defense counsel, Emmanuel Saffa Abdulai, argued that a by-election is required to fill the vacant position. He referred to Sections 9 and 10 of the Local Government Act, which outline the procedure for filling vacancies, including the need for a by-election within 90 days. Abdulai also cited Section 31 of the Sierra Leone Constitution, stressing the citizens’ right to democratically elect their leaders.

The court has postponed the case for a decision on whether the deputy chairman will automatically assume the role or if a by-election will be conducted to fill the vacancy.

Comment(s)

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| 2024-10-07 18:58:09

There is no need for a bye election. Allow the Deputy Mayor step into the shoes of the late Mayor till their term in office ends.
| 2024-10-07 18:41:50

Does Proposional representation play here
| 2024-10-07 18:23:13

Even with the PR system the by election is not recommend for mayor's and chair person's Ok let me say for instance (may the Lord forbids) if the president dies the vice is to take the position until there term ends. Is the same for mayor's and chair person's.
| 2024-10-07 17:45:28

This is very confusing fellow Sierra Leoneans. If the Attorney general's office is saying that the deputy should automatically fill in the vacant position because they were both elected together, then my questions to the Attorney general's office are as follows. 1. How do we get another deputy? Through which process. 2. Should another vacancy for the same position arises either by resignation or death before their tenure, how do we get another chairman? Thank you for your cooperation in advance.
| 2024-10-07 17:22:38

This is ridiculous, to say the least. Successive legislations should aim to improve on the previous ones, no? But ah ya, in Salone, we rush in legislations for expediency.