Post a comment 
A proposed law intended to modernize Sierra Leone’s intelligence architecture contains major provisions that directly contradict the 1991 Constitution and would create a “shadow state within a state,” according to a constitutional analysis by former Attorney General Joseph Fitzgerald Kamara.
In a detailed critique of the National Central Intelligence Bill 2026, Kamara warns that the draft legislation, if enacted in its current form, would likely see multiple sections struck down by the Supreme Court.
“At the very outset, let me ring a warning that major provisions of the proposed National Central Intelligence Bill 2026 directly contradict the 1991 Constitution, creating a shadow state within a state,” Kamara wrote.
The former attorney general argues that the bill attempts to establish a parallel executive authority. Sections empowering the intelligence body to act as a “War Cabinet” and duplicate national security coordination structures violate Section 53(2) of the Constitution, which explicitly forbids any duplicate Cabinet.
Kamara also takes issue with the creation of a State Protection Service under Section 32(1), which would establish a presidential guard for VIPs operating as a paramilitary force. He says this directly clashes with Sections 165(2) of the Armed Forces Act and 167 of the Defence Council Act, which vest sole command of all armed forces in the Defence Council.
“The Bill effectively carves out an armed unit beyond lawful military control,” Kamara said.
Perhaps the most dangerous provisions, according to Kamara, are those that undermine fundamental rights and the rule of law.
Section 42 grants the Director-General power to demand personal information from institutions without a warrant, a violation of constitutional privacy protections. Section 43(2) immunizes intelligence operatives from criminal liability for actions taken during approved operations, while Section 54(3) blocks all legal proceedings against officials acting in “good faith.”
“These clauses effectively place the Agency above the law,” Kamara wrote.
Sections 40 and 41 permit judicial warrants for communication interception, but the former attorney general argues the broad wording fails to meet the strict necessity and proportionality tests required under Section 22 of the Constitution. He also notes that the 10-year prison term in Section 53(3) for vague “contraventions” raises additional due process concerns.
“Taken together, the Act as drafted does not merely tweak security arrangements — it creates a parallel Cabinet, a potentially rogue paramilitary unit, and an intelligence service immune from criminal and parliamentary oversight,” Kamara said.
He called for a complete redraft of the legislation, insisting that any intelligence law must respect the supremacy of the 1991 Constitution, uphold judicial oversight, and protect the inalienable rights of every Sierra Leonean.
“Without these changes, the Bill is not a security measure — it is a constitutional time bomb, primed to explode,” Kamara warned. “To borrow a phrase: ‘It’s a trap!’ A stark reminder of the 1976 reggae classic by Zap Pow — don’t fall into it.”
