In the midst of Sierra Leone's political landscape, a potential scenario is emerging that might result in the cancellation of the presidential elections scheduled for June 2023.
This development is rooted in the application of Section 48, a provision that has largely remained dormant for over two decades. Sylvia Blyden, in her analytical audio broadcasts, sheds light on the intricacies of this legal framework and the implications it holds for the upcoming elections.
The Political Parties Regulation Commission (PPRC) is gearing up to enforce Section 35 of the Sierra Leone Constitution, which outlines the democratic principles that political parties must adhere to, especially concerning the internal election of executives. According to Section 35, regular executive elections at all levels are a prerequisite for political parties to endorse a presidential candidate. This requirement ensures that parties maintain democratic ideals within their internal structures.
However, over the years, the PPRC has seemingly overlooked these constitutional requirements, allowing inactive parties and those with limited internal structures to nominate presidential candidates during elections. This lax enforcement has led to a proliferation of non-operational briefcase parties, undermining the democratic process.
Presently, there are only three political parties—the Sierra Leone People's Party (SLPP), All People's Congress (APC), and National Grand Coalition (NGC)—that exhibit nationwide structures allowing for credible internal elections. The Coalition for Change (C4C), while having a more organized nature, operates primarily in the Kono District.
The unique situation arises from the fact that, while the ruling SLPP has successfully conducted internal elections and nominated its presidential candidate, the major opposition parties—APC, NGC, and C4C—are embroiled in internal disputes that cast doubt on the legitimacy of their electoral processes.
The potential application of Section 35(2) of the Constitution by the PPRC may create an unprecedented circumstance for Sierra Leone. In such a scenario, Section 48 of the Electoral Laws of 2022 would come into play.
Section 48, though in existence for over two decades, has never been utilized due to specific circumstances not materializing. This legal provision states that if only one political party nominates a presidential candidate on Nomination Day, there is no need to conduct presidential elections that year. The Chief Electoral Commissioner is then mandated to proclaim the single candidate as the duly elected President of Sierra Leone for the next five years after the sitting President's tenure concludes.
As the current presidential tenure in Sierra Leone approaches its end, with elections scheduled for June 2023, only the sitting president, H.E. Julius Maada Bio, has been selected as the presidential candidate by his party delegates. If this situation persists until the expected nomination day, it could lead to an automatic declaration of President Bio as the next president without the need for conducting elections in June.
The urgency for the APC and the NGC to swiftly organize their internal affairs becomes evident in light of the legal requirements. Failure to adhere to these stipulations could result in the cancellation of the presidential elections, and President Bio may be deemed "duly elected" on Nomination Day.
Sierra Leone is on the brink of a constitutional and electoral crossroads, and the unfolding events will shape the political landscape in the lead-up to June 2023. Understanding the legal provisions and their potential consequences becomes paramount as the nation navigates this intricate web of political and constitutional intricacies.