The grand and bustling courtroom was filled with anticipation as the Supreme Court of Sierra Leone prepared to issue its ruling on the type of electoral system to be used in the upcoming June 2023 elections. The nation held its breath as the court deliberated for three hours before finally issuing its decision: the elections would be held on the Districts Block System, rather than the constituency-based system.
18 days prior, lawyers Dr. Abdulai O. Conteh, Joseph Fitzgerald Kamara, and others filed an Originating Notice of Motion on Proportional Representation on behalf of Honourable Abdul Kargbo and Councilor Akiyatu Coker, challenging the directive issued by President Julius Maada Bio to the Electoral Commission of Sierra Leone (ECSL) to hold public elections for ordinary Members of Parliament by the PR system.
As the lawyers for both the plaintiffs and defendants presented their cases, the stakes grew higher. The plaintiff’s Counsel, Dr. Conteh, argued that it would be illegal for the June 2023 elections to be held on the PR system, as it would disenfranchise independent candidates. On the other hand, the first defendant’s lawyer, Robert B. Kowa, argued that the Constitutional Instrument was yet to become law and that the president’s directive was sound.
Finally, the judges of the Superior Court of Judicature presided over by Chief Justice, Desmond Babatunde Edwards, with support from the other judges who made up the panel, delivered their landmark judgment. The panel came out with a nine-point declaration, which was read by the Chief Justice. Among the key declarations were that the President’s directive to the ECSL to hold the 2023 elections using the district block representation system rather than constituencies should stand, and that independent candidates can be and are part of the electoral system for the vacant seats in the country’s existing 16 districts.
As the Chief Justice read the judgment, the courtroom was filled with a sense of both triumph and disappointment. But one thing was certain – the people of Sierra Leone would finally know how their elections would be held, and the nation could move forward. And with a minimal cost of NeLe 3000 awarded to the plaintiff, the country could also rest easy knowing that the cost of this important decision was not too high.
In summary, the Supreme Court of Sierra Leone ruled that the upcoming June 2023 elections would be held using the Districts Block System rather than the Constituencies-based system, despite a legal challenge by several lawyers. The judges also stated that independent candidates would be able to participate in the electoral process for the empty seats in the existing 16 districts in the country. The decision was met with mixed reactions, but it was seen as a significant step forward for the nation as it now knew how the elections would be conducted. The cost of the court case was minimal, with a small award made to the plaintiffs.
By OTG
