Sierra Leone's prominent female attorney, Basita Michael, who formerly served as the president of the Sierra Leone Bar Association and is the founder and Governing Officer of the Institute for Legal Research and Advocacy for Justice (ILRAJ), has expressed her reservations regarding the ongoing constitutional review process.
Basita begins by stating that while she recognizes the necessity for revising the 1991 constitution in Sierra Leone, she firmly believes that the current conditions are not conducive to such reform.
"I hold deep concerns regarding the ongoing process of constitutional review in Sierra Leone. While I fully acknowledge the need for revisions to the 1991 constitution, I firmly believe that the prevailing circumstances are far from favorable for such reform."
She highlights that Sierra Leone is currently grappling with a multitude of pressing challenges that cast doubt on the feasibility of a fair and transparent constitutional review. These challenges encompass frequent and systematic violations of fundamental rights and liberties, a troubling lack of transparency in the electoral process, and a growing perception that the judiciary lacks the independence required to uphold the rule of law.
"In light of this disconcerting backdrop, my concern revolves around the potential exploitation of the constitutional review process by the incumbent government as a means to further consolidate its hold on power."
She goes on to explain that the current composition of the Sierra Leone Parliament, where the government commands approximately a two-thirds majority, places it in an exceptionally advantageous position within the constitutional review process. This majority could enable the government to push through constitutional amendments without the necessary checks and balances that a robust opposition presence would provide, raising substantial concerns about the fairness and inclusivity of the process.
Additionally, she raises another troubling aspect of the ongoing review process concerning the role of the Electoral Commission of Sierra Leone (ECSL).
"The ECSL has faced allegations of opacity and bias in recent elections, eroding public trust in the institution. Consequently, there is a legitimate question as to whether the ECSL can be entrusted to conduct a genuinely fair and unbiased referendum on any proposed constitutional changes."
"In light of these multifaceted concerns, I strongly argue that the current constitutional review process does not serve the best interests of the Sierra Leonean populace. I earnestly urge the government to exercise caution and postpone this undertaking until a more favourable political and social climate emerges."
She emphasizes that the process should prioritize inclusivity and fairness in order to create a new constitution that benefits all Sierra Leoneans, rather than advancing the interests of a single political party. She further emphasizes that a constitution of such significance should serve as a unifying force, not a divisive one.