By Staff Reporter
FREETOWN, Sierra Leone — Calls are mounting on President Julius Maada Bio not to assent to the proposed Constitutional Amendment Bill unless the process is subjected to a referendum where constitutionally required.
Critics of the proposed amendments argue that the process does not adequately reflect the will of Sierra Leoneans, but instead appears to serve the interests of political actors. They are therefore calling on the President to ensure that the constitutional procedures are fully followed and that citizens are given the opportunity to decide on provisions requiring a referendum.
The debate has also generated disagreement within Parliament, with concerns raised over the interpretation of the constitutional procedure and whether certain proposed amendments should proceed without a referendum.
However, claims that signing or amending the Constitution automatically amounts to treason require careful legal examination. The Constitution provides specific procedures for constitutional amendments, and the legality of an amendment depends on whether those procedures have been properly followed.
Under Sierra Leone’s 1991 Constitution, not all provisions can be amended through the same procedure. Certain provisions are entrenched and require additional safeguards, including approval through a national referendum.
Constitutional amendments also require the prescribed parliamentary majority before they can proceed to the next stage.
Consequently, Parliament does not have unlimited power to alter the Constitution. The Constitution itself establishes the procedures that must be followed, including enhanced parliamentary approval and, for entrenched provisions, direct approval by the people through a referendum.
The ongoing debate has therefore placed renewed focus on whether the proposed amendments comply fully with the constitutional requirements and whether Sierra Leoneans should have the final say on provisions that are subject to a referendum.
For many critics, the issue is not simply whether President Bio should sign the Bill, but whether the entire amendment process has respected the Constitution and the democratic right of citizens to determine the country’s fundamental law.
