OPINION | The Constitution Is Not Optional — Why Sierra Leone’s Electoral Crisis Demands Legal Accountability

By Winston Ojukutu-Macaulay Jnr

Published: 4 August 2025

In moments of democratic uncertainty, silence is not neutrality — it is complicity. As Sierra Leone grapples with the aftermath of its 2023 presidential election, the Progressives have stepped forward not with placards or slogans, but with something more enduring: a constitutional challenge filed before the ECOWAS Court.

This is not the work of a political party. It is the duty of ordinary citizens acting under extraordinary circumstances — citizens who believe that constitutional fidelity is not a political luxury but a legal necessity.

At the heart of our complaint is the failure of the Electoral Commission of Sierra Leone (ECSL) to publish disaggregated polling results, as required under Section 92(8) of the Public Elections Act (2022). This breach of electoral procedure violates the right of every citizen to transparency and lawful participation.

To compound this breach, political elites have since brokered a tripartite agreement between the SLPP and APC — a private dialogue purporting to chart reform. Yet with seventeen registered parties and a robust multi-party framework, reform is not theirs to decide alone. Sierra Leone’s democracy cannot be reduced to a closed-door negotiation between two parties. The Constitution requires more—public accountability, parliamentary scrutiny, and, where necessary, a national referendum.

Let us be clear: political dialogue is essential. But dialogue divorced from legality is theatre. The Tripartite Agreement, while politically expedient, lacks constitutional weight. Under Section 108 of our 1991 Constitution, any reform to the electoral process must pass through Parliament with a two-thirds majority and be ratified by the people themselves in a national referendum as dictated by the Constitution of Sierra Leone, Act #6 of 1991.

This is why we have gone to ECOWAS. Our action is not a petition, nor a protest. It is a civic submission by Sierra Leoneans who understand that law is not optional. The Constitution cannot be bent for convenience. Its principles must be upheld—especially by those who hold power.

We reject the claim that our challenge is “mistimed”. If anything, this is precisely the time to act. In Sierra Leone, the law has too often been postponed, repurposed, or ignored in the name of peace. But peace without legality is not peace—it is managed silence.

We also reject the partisan framing of our case. This is not about the APC. It is not about Samura Kamara. It is not about personalities. It is about process. It is about principle. It is about restoring trust between the governed and those who govern.

As Progressives, we believe that Sierra Leone deserves better—not someday, but today. Electoral results must be published. Reforms must be lawful. And citizens must be respected not only as voters but also as constitutional stakeholders.

We invite every Sierra Leonean who cherishes the rule of law to stand with us—financially, morally, and publicly. We have one country. And it is worth defending.