ACC Commissioner Francis Ben Kaifala Advises Supreme Court on Constitutional Amendment Issue
Salamatu Y. Kamara Anti-Corruption Commission Commissioner (ACC), Francis Ben Kaifala, has called on the Supreme Court of Sierra Leone to refrain from ruling on the disputed Constitutional Amendment Bill, arguing that such restraint would be perfectly lawful.”
In a statement on social media titled “Dangerously Educated Opinion”, Kaifala stated, “After hearing all sides, the Supreme Court must DECIDE not to Decide! Perfectly LAWFUL.”
The remark comes amid heightened debate over the Bill, which was recently passed by Parliament and is awaiting presidential assent. Critics, including civil society groups and the Sierra Leone Labour Congress, argue that aspects of the amendment could undermine the direct election of Members of Parliament.
Kaifala’s position suggests that the Court could, after reviewing arguments from all parties, exercise judicial restraint and decline to make a substantive determination on the matter.
Legal experts note that while the Supreme Court is the final arbiter on constitutional issues, it also has discretion in how and when it exercises jurisdiction, depending on the case before it.
The Bill has become one of the most contentious legislative issues this year, with calls from both supporters and opponents for clarity on its legality and implications.
The court only has the right to interpret the law but has no right in making it especially when it comes to constitutional amendment which has to do with the nations safety.