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The Speaker of the Sierra Leone Parliament, Rt. Hon. Segepoh Solomon Thomas has officially referred a major constitutional dispute to the Supreme Court, seeking legal clarity on the voting threshold required to pass the Constitution of Sierra Leone Amendment Bill.
The move followed a tense parliamentary session where the bill, entitled the Constitution of Sierra Leone Amendment Act, was read for the third time and passed into law by a voice vote. According to the parliamentary clerk, 97 members were present and voted in favor of the motion.
However, the passage of the bill has sparked a significant legal and procedural debate regarding whether the amendment requires a standard simple majority or a two-thirds majority to be valid.
Delivering his ruling on the floor of the House, the Speaker stated that the general rule for parliamentary decision-making in Sierra Leone is governed by Section 91(1) of the 1991 Constitution, which allows decisions to be determined by a simple majority of members present and voting.
He argued that the frequently cited Section 108—which mandates a two-thirds majority—applies strictly to the specific entrenched clauses listed within that section, or when enacting an entirely new constitution.
“Since none of the provisions requiring a two-thirds vote for the amendment or alteration are to be found in the Constitution of Sierra Leone Amendment Bill… I rule that this House will revert to the provisions in Section 91(1),” the Speaker declared. He also cited precedent, noting that Section 79 of the Constitution was similarly amended in 2012 by voice collection only.
Despite his ruling that the bill legally passes under a simple majority, the Speaker acknowledged the gravity of amending the supreme law of the land and the “great public interest” surrounding the threshold requirement.
Acting under Section 94(2) of the Constitution, he announced that the matter would be forwarded to the Supreme Court for an official legal opinion. The highest court has been given a three-month window to return its interpretation to the House.
Following the vote and the constitutional referral, Parliament was officially adjourned until October 29, 2026.
