Saturday March
2, 2013
- It's more than a week now since the EU Elections Team
observed the November 17, 2012 polls presented its final
report and we still await a reaction from the government
and Lady Christiana Thorpe, the electoral boss on
loopholes in the process and the use of state resources
by the Ernest Bai Koroma government.
The European Union sent a team to
Sierra Leone to observe what went on in the electoral
process before, during and after the November 17 polls
which, according to the Head of the
National Electoral Commission
one Dr Christiana Thorpe saw the incumbent Ernest Bai
Koroma getting enough votes in the Presidential votes to
do away with the need for any run-off between the two
leading candidates as he was ruled to have garnered 58.7
percent of all valid votes cast.
The EU team headed by a UK
member of the European Parliament was full of praise for
the way Sierra Leoneans conducted themselves expressing
the hope that the observations in the final report would
be a pointer as to how the creation of a level playing
field in all aspects of the electoral process would
solidify democracy in Sierra Leone - this despite the
large volume of currencies, both local and international
that was seen to have been moving from government and
party coffers to key state holders in a desperate move
to get votes using any and all means necessary.
In
a statement before
presenting the EU's Final Report the Chief Observer
Richard Howitt noted, among other things, that there was
a need to improve on some aspects of the process while
praising areas he and his team considered worthy of
emulation.
The Executive Summary
of the Final Report has a number of key points that
needs addressing urgently to give democracy a firm base
in post-conflict Sierra Leone.
"The elections were
well-conducted, conducive to democratic consolidation
but...the playing field was un-level”.
In this report, we do not change
this assessment. Instead, the sixty pages and thirty-one
detailed recommendations of the report are about what
happens next. How future elections can be improved. How
democracy can be consolidated in Sierra Leone...
We say the right to participate
in public affairs would be strengthened by
constitutional amendments on citizenship to broaden the
right to stand for election, to allow independent
candidates to run for the presidency and by removing
reservations against equality for women.
We suggest amending the Public
Elections Act to reduce restrictions on standing for
elections for employees of the public service...
We call for legislation to
promote the participation of women in political parties
and as candidates...
recognising levels of illiteracy
in the country, for candidates to be grouped on the
ballot paper by party...
We call for assistive facilities
including a return to tactile ballots, to better enable
people with disabilities to vote...
We call for the publication of
an electoral calendar so that all stages of the process
with deadlines are known in advance.
We recommend that there is
progressive announcement of Presidential election
results from around the country, and that full results
by polling stations are published...
We also suggest that minutes of
the meetings of the National Electoral Commission are
themselves published...
The media also have an important
role to play in securing openness in elections and we
support efforts towards agreeing a Freedom of
Information Bill and reaffirm our call to SLBC to fulfil
its obligations as a public service broadcaster...
to be effective, we call on the
judicial system of the country to ensure that objections
to nominations and appeals including petitions against
results themselves are resolved in a time period so that
the outcome does not prejudice the rights of those
involved or the election process itself.
In the final report there's one
particular aspect that should be of concern to the man
who declared a one-day national holiday to allow party
members and government functionaries to witness what he
called his second inauguration and knowing President
Koroma and his gang's disrespect for financial reporting
would have ripped the country's coffers wide open to
spend, spend and spend with no proper documentation on
how much of the people's resources were used for what,
by all account was an APC victory celebration given
another name.
"An unequal playing field
was evident throughout the campaign period. Although
the election campaign was dominated by the ruling
APC and the main opposition SLPP, APC clearly
benefited from the advantages of incumbency by
making use of state resources, enjoying considerably
more media coverage and clearly having more
financial resources for campaigning, including
considerable sums spent on paid media airtime as
compared to SLPP and other political parties. The
volume of resources invested in the campaign by the
ruling party clearly exceeded that of the SLPP. The
other political parties, including PMDC, were much
less visible as they lacked financial resources to
conduct large-scale public campaign events. As no
state financial support is made available to
political parties, their ability to compete in
elections was impaired."
We must also add the illegal
participation of a number of business concerns including
those in the mining sector in funding the Ernest Bai
Koroma campaign as well as providing various logistics
avenues that allowed undue advantage of the incumbent
over others in the race. Air transport including the
provision of helicopters was also noted.
Kindly note this observation
which could have led to another Kenya-style hurried
swearing-in ceremony, the aftermath of which led to the
carnage that the East African country is doing its best
to avoid as they head for the polls on Monday March 4,
2013. We had, in earlier articles advised Dr Christiana
Thorpe to be very wary and cautious and not become
Sierra Leone's version of one
Samuel Kivuitu.
"The NEC acted independently
and impartially throughout the whole election
process and key decisions were made in consultation
with political parties and other stakeholders.
Notable exceptions, however, were the process of
prescribing nomination fees, which did not include
any consultations, and the announcement of
presidential election results, as the winning APC
presidential candidate and incumbent President was
evidently informed about the results earlier than
the other presidential candidates and the general
public, as his swearing-in ceremony started shortly
after the official announcement of the presidential
election results."
The EU Observers also noted the
skewed reportage in favour of the ruling party and
President Koroma by the national broadcaster, the Sierra
Leone Broadcasting Corporation whose head is there at
the pleasure of the President
"The media overall provided
a reasonably diverse platform for political parties
in proportion to their level of activity in the
electoral campaign. Significant unbalances, however,
were observed in the electoral coverage of both
public and some private media. According to the EU
EOM's media monitoring findings, the public
broadcaster gave access to most of the political
contestants. Nevertheless, in key areas such as news
bulletins and election related programmes, SLBC
showed significant quantitative unbalance in favour
of the ruling party.
The quality and balance of
electoral coverage by private media was very
diverse, with the print media registering the most
evident cases of biased coverage both in terms of
space and tone. The radio stations Radio Democracy
and Cotton Tree News (CTN), and the newspapers Awoko
and Concord Times, offered balanced and neutral
coverage of the campaign period, both in amount of
airtime/space and tone devoted to political
parties."
The main opposition candidate of
the Sierra Leone Peoples Party, the SLPP, Julius Maada
Bio is reported to have filed a complaint against NEC
and the ruling party, the APC on how the elections were
conducted citing a number of alleged irregularities.
The law, thought to be
compromised has yet to respond and this observation by
the European Union on the legal provisions for the
addressing of complaints relating to such irregularities
should serve as a warning.
It was under such loose and
wayward atmosphere that provided the legal loophole for
election petitions never to be heard in court nor
addressed through the legal channels during the Stevens
and Momoh era. Despite so many of those petitions filed
on behalf of the aggrieved parties as the late legal
mind Terence Terry discovered when he filed petitions
against, among others, the one and only Sorie Ibrahim
Koroma. Not one was heard in court throughout the life
of the government and members so petitioned.
"The time limits for
complaints and appeals foreseen in the law allow for
procedures to continue past polling day, thereby
denying timely and effective remedies to aggrieved
parties. An appeal against the decision of a
returning officer regarding a contested
parliamentary or local council candidate nomination
may be made to the NEC and, beyond this, by way of
election petition to the High Court, only after the
declaration of results. This is a notable gap in the
legislation in that no procedure exists for dealing
with contested nominations between delivery of the
decision of NEC and the publication of election
results. Challenges to the results of presidential
elections are made to the Supreme Court within seven
day of the declaration of results. No time limit is
laid down for the delivery of a decision in this
matter."
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