Monday January
6, 2014
- 15 years ago today, the Sierra Leone capital Freetown
was put to the sword in the manner of true medieval and
primitive cruelty as thousands of unarmed, unprotected
and innocent civilians - men, women, children, the old
and infirm were brutalised, tortured, dispossessed,
raped, abducted, enslaved and dehumanised in an orgy of
bloodletting that would have shamed the hordes of
Genghis Khan.
15 years on, the planners of those
murderous attacks on civilians walk the streets and
alleyways of the same capital as the new overlords over
the people they subjected to such inhuman treatment. 15
years on, a President whose party was out of power
for 15 years (1992-2007) is showing Sierra Leoneans his
true colours as well as his party badge of greed,
massive corruption and disrespect for the rule of law
and the Constitution.
Now he does not only reward
those associated with the mindless violence on
civilians, but is ready and willing to kick survivors in
the teeth by championing the welfare of the murderers
and rapists and their media apologists as well as all
those who fed fat on the misery of the victims. 15 years
on, a President whose party was out of power for 15
years is not only laying conditions for what led to our
troubles of the 90's starting with a war in 1991, but is
busy making a laughing stock of the facts and warning
messages contained in the Truth and Reconciliation
Commission
report which had
highlighted the many reasons that led to an armed
insurrection against the powers that refused to listen
to the cries of the people.
The Sierra Leone Constitution
clearly separates the three arms of governance, but in
the diary of the smoke and mirrors occupant of State
House, this does not matter as the Judiciary and
Parliament get compromised and officials given this
sacred duty see things the way of one Ernest Bai Koroma
even though these actions are clearly not in line with
the spirit and the provisions of
the 1991 Constitution.
For him, it is the 1978 APC One
Party Constitution spirit that still reigns supreme with
any opposition subjected to a clearly dysfunctional
Parliament and Judiciary. Indeed the TRC report
highlighted, among others, the separation of powers with
this observation.
8. For good governance to
obtain, the three branches of government - the
executive, the legislature and the judiciary - must
be separate and independent of one another, and each
must have the requisite power to fulfil its
functions. The constitutional provisions that
ensure the separation of powers must not merely
exist on paper, but rather must be developed and
reaffirmed continuously in their application. A
failure to respect this separation inevitably allows
one branch of government - most often the executive
- to act in an unaccountable fashion and to
influence or undermine the work of the other two. A
government that permits little or no restraint on
its own powers is an authoritarian government, which
epitomises bad governance. In analysing the pre-war
period in Sierra Leone, the Commission regards
authoritarianism, wherever it occurred, as a direct
cause of injustice and, accordingly, as a cause of
the conflict.
The lack of respect for the rule
of law in as far as it affects opposition parties and
non-APC functionaries has become the order of the day
with court cases getting twisted in the most criminal
manner while those declaring for the ruling APC, are
functionaries or have connections with State House enjoy
the benefits of a warped system that encourages
impunity. This is what the TRC says on the rule of law.
78. The rule of law
signifies a society in which law is supreme. The
running of state institutions, the relationship
between the rulers and the ruled, interactions
amongst and between individuals or corporate bodies;
they should all be done according to law. The rule
of law opposes the arbitrary rule of powerful men
and women. The basic principles of the rule of law
include equality before the law of the land;61
an impartial and independent judiciary; an
accessible justice system; irrevocable
constitutional guarantees; and respect for human
rights and fundamental freedoms.62 Other
important components of the rule of law are due
process and fair legislative mechanisms that do not
discriminate against particular groups in the
society...
172. Proper governance is
still an imperative, unfulfilled objective in Sierra
Leone. Corruption remains rampant and no culture of
tolerance or inclusion in political discourse has
yet emerged.
The same scenario is now being
played out with smoke and mirrors Ernest Bai Koroma,
(PhD x3 added but in reality BA General Div 3 - Allowed
to Pass category) disregarding the provisions of the
Constitution - provisions he had taken an oath to
defend. And this in effect means that Ernest Bai Koroma
is not only in contravention of the Constitution, but is
setting himself for up for charges of treason.
Treason, in our view, is not
only the taking up of arms to replace a government that
is voted into office in a free, fair and violence-free
election, but treason charges can be laid against a
President who having taken the oath of office to defend
the constitution, deliberately and in a calculating
manner goes against the key elements of that document
that defines the position he holds.
His accomplices should include,
among others the Chief Justice Umu Hawa Tejan-Jalloh,
the Head of the Electoral Commission Christiana Thorpe
and the Head of the Anti Corruption Commission Joseph
Fitzgerald Kamara. These named officials know and are
aware of their duty to the people of Sierra Leone as
defined in the Constitution and other documents relating
to the discharge of their duties, but have failed to do
so. Instead they have become a part of a concerted plot
against the people of Sierra Leone who are now forced to
suffer further agony. Thanks to a system orchestrated
with the help of others still to be identified, where
the rule of law has become almost non-existent unless
you are a party activist or have direct connections to
State House from where the smoke and mirrors President
presides over the fate of the millions of poor and
disadvantaged and unconnected Sierra Leoneans in their
own God-given country.
The November 17, 2012 had many a
glaring flaw with the main opposition Sierra Leone
Peoples Party, the SLPP claiming that victory was stolen
from them. Recent court decisions all going in favour of
the ruling party highlights once more the refusal of the
Ernest Bai Koroma gang to learn from the lessons of
history as stated in the TRC report -
"25. Court cases involving
elections under the APC were decided in favour of the
APC by a compliant judiciary. Violent by-elections
conducted under a state of emergency between 1969 and
1970 led to the loss of 23 SLPP opposition seats. Thus
by the time the Republican Constitution was passed in
1971, the APC commanded more than the two-thirds
majority necessary to pass whatever bill it deemed
necessary. With an executive President and an obedient
legislature and judiciary, the creation of a dictatorial
system and destruction of state institutions took hold."
Although a Constitutional Review
Commission is reported to be in progress, the smoke and
mirrors exponent has gone ahead with an amendment to the
present Constitution which in effect paves the way for
the selection of a Speaker with little or no legal
background - the same as was foisted upon the people
during the one-party days that saw one William Conteh
robed in the attire that had been the preserve of
persons trained and practised in legal matters.
The framers of the Constitution
had this provision for a legal mind so that the Speaker
will be in a position to interpret certain sections of
the Constitution and hence guide law makers in their
duty of making good laws for all within the borders of
Sierra Leone.
The recent pronouncement of
Christiana Thorpe that the Members of Parliament for
Constituencies 005 and 015 would now be the APC losers
after a dubious court decision leaves no doubt that by
implication the Executive (read President Koroma) in a
bid to have the necessary number of MPs to pass any bill
into law has acted in an unconstitutional manner and
together with Christiana Thorpe, the Head of the
Electoral Commission as well as the Cheif Justice Umu
Hawa Tejan Jalloh must be brought to a tribunal for an
examination of their conduct in office.
There is no provision in the
Constitution which says that in an election if the clear
winner is disenfranchised by a suppliant justice system,
the second highest recipient of votes in that
constituency should be declared the winner. No way.
Christiana Thorpe has acted
outside her remit and must be taken to a court/tribunal
for depriving the many voters who cast their ballots for
the SLPP candidate of their choice. This is not only a
fraudulent act, but one of a criminal nature that
threatens the very foundation of Sierra Leone's
fledgling democracy. Whatever the case - there should
have been a bye-election and not this broad daylight
thievery and outright chicanery.
This goes against the
Constitution.
Christiana Thorpe, having
received a whopping salary increase from Ernest Bai
Koroma appears bent on earning her wages and in the
process acting against the Constitution which document
is one of the laws of Sierra Leone. And this is not the
first time. Remember how she tried to disenfranchise
potential President candidates by raising the nomination
fees without consulting the other political parties?
This is what the Carter Centre, one of the international
observer groups for the November 17, 2012 elections
noted -
"On July 31, 2012, the
commission (read Christiana Thorpe's National
Electoral Commission) announced steep increases in
non-refundable nomination fees for all elections.
Presidential nomination fees were increased from
Le1,000,000 to Le100,000,000 (US $230 to US
$23,000), fees for member of Parliament candidates
were increased from Le100,000 to Le25,000,000 (US
$23 to $5,800), and fees for district chairs/mayors
and local council candidates were increased from
Le100,000 to Le5,000,000 (US $23 to US $1,155) and
from Le100,000 to Le2,000,000 (US $23 to $460),
respectively. The commission’s decision to increase
the registration fees for candidates shortly before
the registration period began was seen by some
stakeholders as an attempt to limit the number of
candidates, particularly those from opposition
parties..."
This observation was also noted
by the European Union team -
"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."
Kindly read again what
Christiana Thorpe has written so you can appreciate the
level of fraud and sheer criminality displayed.
She writes - "In exercise of the
powers conferred on me as the National Returning
Officer, by section 94, of the Public Elections Act
2012, I hereby declare REGINA MARRAH who, having polled
1,342 the highest number of valid votes cast, duly
elected Member of Parliament for Constituency 005."
And Christiana Thorpe actually
signed this statement!!!
This in effect means that the
more than 11,000 voters who cast their ballots for the
SLPP candidate in constituency 005 have been deprived of
their votes by a government and an electoral commission
that is bent on pleasing Ernest Bai Koroma.
This in effect means that the
more than 11,000 votes cast for the winning SLPP
candidate, have with a compliant judiciary and National
Electoral Commission become invalid!!!
It was such manipulation of
elections that caused our troubles and this must be
reversed immediately and a bye-election called. The
people of the three Chiefdoms comprising this
constituency must be respected and their choice be the
representative in Parliament.
How can someone who polled so
low a vote be a representative of the people in that
constituency?
If this is not treason, then we
wonder what it is.
There should be a bye-election
in both constituency 005 and 015.
We have also noted that
Constituency 005 and 015 have been expunged from the NEC
website on Parliamentary Results with the serial going -
001, 002, 003, 004, and 006 as if no results were
available after the elections. The same has been done
for Constituency 015 missing thus ...013, 014, 016.
If this is not fraud, then we
wonder what it is.
Here's a reminder to one
President Ernest Bai Koroma on what our Constitution
says about what to do in the event of misconduct by the
President. This is one of two options available apart
from the Parliamentary route.
127. Enforcement of
the Constitution.
(1) A person who alleges that an
enactment or anything contained in or done under the
authority of that or any other enactment is inconsistent
with, or is in contravention of a provision of this
Constitution, may at any time bring an action in the
Supreme Court for a declaration to that effect.
(2) The Supreme Court shall, for the purposes of a
declaration under subsection (1), make such orders and
give such directions as it may consider appropriate for
giving effect to, or enabling effect to be given to, the
declaration so made.
(3) Any person to whom an order or direction is
addressed under subsection (1) by the Supreme Court
shall duly obey and carry out the terms of the order or
direction.
(4) Failure to obey or to carry out the terms of an
order or direction made or given under subsection (1)
shall constitute a crime under this Constitution.
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