The High Court in Freetown has ruled that no by-election will be conducted for the vacant Chairmanship of the Kenema District Council.

The ruling, delivered by Justice Momo-Jah Stevens on October 16, 2024, allows the Deputy Chairman to assume the role of Council Chairman for the remainder of the term, following the death of Mohamed Amadu Sesay in August.

Justice Stevens clarified that neither the Local Government Act of 2022 nor the Public Elections Act of 2022 explicitly mandates the Electoral Commission of Sierra Leone (ECSL) to conduct a by-election when the position of Chairman or Mayor becomes vacant.

He emphasized that ECSL can only conduct elections where legally required, and in this case, the law remains silent.

The court ruling followed arguments from Solicitor General Robert Kowa, who contended that the legislation governing local government empowers the Deputy Chairman to take over in the event of a vacancy.

He argued that both the Chairman and Deputy were elected jointly under the Proportional Representation (PR) system, which eliminates the need for by-elections.

Kowa stated that the five-year mandate applies to both positions, and a by-election would contravene the principles outlined in the PR system.

ECSL, represented by Emmanuel Saffa Abdulai, countered that allowing the Deputy to occupy the Chairman position for the next three years would deprive voters of their right to elect a new leader.

Abdulai suggested that filling the role without a by-election undermines the democratic process and could set a problematic precedent.

Despite this argument, Justice Stevens upheld the Solicitor General’s stance, ruling that the law does not provide for a by-election in this case.

When ECSL inquired about the future of the now-vacant Deputy Chairperson position, Justice Stevens declined to offer a solution, stating that the issue was not part of the case before the court.

This ruling brings closure to the debate that arose following the passing of Chairman Sesay on August 6, 2024, and the subsequent moves by ECSL to prepare for a by-election.

The court’s decision now clears the way for the Deputy Chairman to lead the Council until the next local elections in 2028, preserving the continuity of governance in Kenema District.

This judgment sets an important precedent for future cases involving vacancies in local government leadership positions, particularly under the Proportional Representation system.