Dr. Emmanuel Saffa Abdulai Esq representing the Electoral Commission of Sierra Leone (ECSL) as the second defendant, in a case before the Supreme Court to decide whether this year’s General Election should be conducted under the Proportional Representation (PR) system has argued that because there is not enough time for the conduct of the boundary delimitation, the commission has no alternative but to apply the process in the upcoming polls.

Saffa in his submission at a jam-packed courtroom in Freetown, Monday 9th January 2023, informed the panel of five judges lead by Chief Justice, Desmond Babatunde Edwards that following the announcement of the election date by President Julius Maada Bio, ECSL was unable to conduct both the voter registration and boundary delimitation exercise months before the election date.

He pointed out this is because of a law in Sierra Leone and an ECOWAS protocol that the electoral body should not make or amend any low relating electioneering process within six months of the election

Abdulai said the 2022 Mid Term Census result has indicated a significant increase in population, which according to section 38(7) subsection 3 of the constitution of Sierra Leone, talked about boundaries of constituencies to be determined by the number of inhabitants in a given geographical area.

The same section, three also states that once that figure of the population reduces or increases, it triggers the conduct of boundary delimitation for elections, but conducting boundary delimitation together with the voter registration process was practically impossible by ECSL six months before voting, the lawyer argued

Abdulai, therefore pointed out that it is on that basis ECSL advised the president to go with the PR system because venturing with the constituency system of election would mean a violation of the constitution. Applying the constituency system of elections means they should rely on the 2015 census result and subsequently the boundary delimitation as the case has been in the past

Representing Parliamentarian, Abdul Kargbo and Councillor Hakiratu Maxwell Caulker, as the first and second plaintiffs respectively. Dr. Abdulai O Conteh Esq said the issue of the PR system in the 2023 elections is not an alternative because the conditions attache

He said none of the constituencies mostly happened like during wartime which was the case in the 2002 general elections done in a form of PR

He further argued that the role of ECSL is to conduct and supervise elections and make regulations, but the system or mode of elections, which he described as primary legislation is the sole role of parliament

Conteh also noted that allowing people to vote by lists presented by political parties instead of voting for individual candidates that the electorate wants is undemocratic.

Conteh also noted that the Press to it has not been met. According to him, the matter lies

within good democratic governance, and that there should have been a circumstance wherein there is no existence of constituencies, which he said is not the case because there is evidence of the existence of constituencies. ident went outside his jurisdiction by instructing the ECSL to apply the PR system in the upcoming general elections

Robert Kowa Esq represented the first defendant, Attorney General, and Minster Justice

The matter is now left with the judges to make a ruling and the Chief Justice Babatunde Edwards said they will notify all parties on the date for judgment on the case.