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Sierra Leone’s proposed 2025 Constitutional Amendment Bill introduces new provisions allowing Parliament to remove a sitting President and Vice-President based on their status within their political party, a move that has sparked debate among legal and governance experts.
Under the bill, Clause 9 amends Section 49(1) of the Constitution to permit Parliament, by a two-thirds majority vote, to remove the President if he resigns or is expelled from the political party under which he was elected. A similar mechanism is applied to the Vice-President in Clause 12, which amends Section 55(e).
The legislation also includes an emergency provision extending presidential term limits for up to 12 months in situations such as war that make elections impractical.
Proponents argue the changes aim to prevent abrupt leadership vacancies resulting from internal party expulsions while giving Parliament a clear role in cases of political rupture.
However, the Institute for Legal Research and Advocacy for Justice (ILRAJ) has raised significant concerns, noting that neither the 2024 Tripartite Committee nor the Cowan Constitutional Review Commission explicitly endorsed parliamentary removal on purely party-political grounds.
According to ILRAJ, Justice Cowan previously argued that the President’s unique national role means provisions for removal based on party status should not apply to the office. He recommended that any such change be put to a referendum to secure broader public legitimacy.
ILRAJ warns that the two-thirds parliamentary threshold could allow a majority party to oust a President or Vice-President over internal disputes or defections, effectively turning party politics into a mechanism for regime change without proof of misconduct or a public mandate. This, they caution, could undermine the President’s direct electoral legitimacy and role as a unifying national figure.
The organization also flagged the emergency term extension clause, noting it lacks precedent and could allow indefinite delays in holding elections under loosely defined crisis conditions.
While the bill appears to address the precedent set by former Vice-President Sam Sumana’s removal, ILRAJ contends it fails to align with broader constitutional reform consensus and risks eroding executive stability and public trust if enacted without inclusive consultation.
ILRAJ recommends:
Rejecting or deferring the removal provisions pending a national dialogue or referendum.
Requiring proven grounds for removal beyond mere party expulsion and ensuring judicial review of parliamentary resolutions.
Clarifying emergency extensions with strict conditions and time-bound limits to prevent abuse.
Ensuring any changes to executive tenure reflect wide stakeholder input to protect democratic balance.
“Democracy requires stable leadership accountable to the people, not party whims,” ILRAJ stated. “The Bill must be amended to guarantee both.”
The proposed amendments are expected to undergo further parliamentary review and public debate in the coming weeks.
