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THE CONSTITUTION OF SIERRA LEONE, 1991

The Laws of SIERRA Leone on the SIERRA Leone Web The CONSTITUTION of SIERRA Leone, 1991 THE CONSTITUTION OF SIERRA LEONE, 1991 (Act No. 6 of 1991) ARRANGEMENT OF SECTIONS CHAPTER I THE REPUBLIC OF SIERRA LEONE 1. Declaration of Republic 2. Public Seal 3. The National Flag and National Anthem CHAPTER II FUNDAMENTAL PRINCIPLES OF STATE POLICY 4. Fundamental Obligations of Government 5. Government and the People 6. Political Objectives 7. Economic Objectives 8. Social Objectives 9. Educational Objectives 10. Foreign Policy Objectives 11. Obligations of the Mass Media 12. Enhancement of National Culture 13. Duties of the Citizen 14. Fundamental Principles not Justiciable CHAPTER III THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS OF THE INDIVIDUAL 15. Fundamental Human Rights and Freedoms of the Individual 16. Protection of Right to Life 17. Protection From Arbitrary Arrest or Detention 18. Protection of Freedom of Movement 19. Protection From Slavery and Forced Labour 20.

The Laws of Sierra Leone on the Sierra Leone Web The Constitution of Sierra Leone, 1991 THE CONSTITUTION OF SIERRA LEONE, 1991 (Act No. 6 of 1991)

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Transcription of THE CONSTITUTION OF SIERRA LEONE, 1991

1 The Laws of SIERRA Leone on the SIERRA Leone Web The CONSTITUTION of SIERRA Leone, 1991 THE CONSTITUTION OF SIERRA LEONE, 1991 (Act No. 6 of 1991) ARRANGEMENT OF SECTIONS CHAPTER I THE REPUBLIC OF SIERRA LEONE 1. Declaration of Republic 2. Public Seal 3. The National Flag and National Anthem CHAPTER II FUNDAMENTAL PRINCIPLES OF STATE POLICY 4. Fundamental Obligations of Government 5. Government and the People 6. Political Objectives 7. Economic Objectives 8. Social Objectives 9. Educational Objectives 10. Foreign Policy Objectives 11. Obligations of the Mass Media 12. Enhancement of National Culture 13. Duties of the Citizen 14. Fundamental Principles not Justiciable CHAPTER III THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS OF THE INDIVIDUAL 15. Fundamental Human Rights and Freedoms of the Individual 16. Protection of Right to Life 17. Protection From Arbitrary Arrest or Detention 18. Protection of Freedom of Movement 19. Protection From Slavery and Forced Labour 20.

2 Protection From Inhuman Treatment 21. Protection From Deprivation of Property 22. Protection for Privacy of Home and Other Property 23. Provision to Secure Protection of Law 24. Protection of Freedom of Conscience 25. Protection of Freedom of Expression and the Press 26. Protection of Freedom of Assembly and Association 27. Protection From Discrimination 28. Enforcement of Protective Provisions 29. Public Emergency 30. Interpretation of Chapter III CHAPTER IV THE REPRESENTATION OF THE PEOPLE 31. Registration of Voters 32. Electoral Commission The Laws of SIERRA Leone on the SIERRA Leone Web The CONSTITUTION of SIERRA Leone, 1991 33. Functions of the Electoral Commission 34. Political Parties Registration Commission 35. Registration and Conduct of Political Parties 36. Secret Ballot 37. Referendum 38. Constituencies and Elections 39. Filling of Vacancies CHAPTER V THE EXECUTIVE PART I THE PRESIDENT 40. Office of the President 41. Qualifications for Office of President 42.

3 Election of President 43. Period During Which Presidential Elections Shall Take Place 44. Parliament to Make Laws for Election of President 45. Presidential Returning Officer 46. Tenure of Office of President, etc. 47. President in Parliament 48. Incidents of Office, etc. 49. Vacancy in Office of President 50. Mental or Physical Incapacity 51. Misconduct by President 52. Temporary Filling of Vacancy PART II EXECUTIVE POWERS 53. Exercise of Executive Authority in SIERRA Leone 54. Vice-President 55. Vacancy in Office of Vice President 56. Ministers and Deputy Ministers of Government 57. Oaths to be Taken by Ministers, etc. 58. Ministerial Vacancies 59. Establishment of Cabinet 60. Collective Responsibility 61. CONSTITUTION of Offices 62. Administration of Ministries 63. Prerogative of Mercy 64. Establishment of the Office of Attorney-General and Minister of Justice 65. Solicitor-General 66. Director of Public Prosecutions 67. Secretary to the President 68. Secretary to the Cabinet 69.

4 Secretary to the Vice-President 70. Power of Appointment Vested in the President 71. Other Statutory Appointments 72. Office of Paramount Chief CHAPTER VI THE LEGISLATURE PART I COMPOSITION OF PARLIAMENT 2 The Laws of SIERRA Leone on the SIERRA Leone Web The CONSTITUTION of SIERRA Leone, 1991 73. Establishment of Parliament 74. Members of Parliament 75. Qualifications for Members of Parliament 76. Disqualifications for Members of Parliament 77. Tenure of Seats of Members of Parliament 78. Determination of Question as to Membership of Parliament 79. The Speaker 80. Deputy Speaker 81. Election of Speaker and Deputy Speaker 82. Clerk of Parliament 83. Oath to be Taken by Members of Parliament PART II SUMMONING, PROROGATION AND DISSOLUTION 84. Sessions of Parliament 85. Life of Parliament 86. Sittings of Parliament 87. General Election PART III PROCEDURE IN PARLIAMENT 88. Presiding in Parliament 89. Quorum in Parliament 90. Use of English in Parliament 91. Voting in Parliament 92.

5 Unqualified Persons Sitting and Voting 93. Committees in Parliament 94. Regulation of Procedures in Parliament 95. Contempt of Parliament 96. Criminal Proceedings PART IV RESPONSIBILITIES, PRIVILEGES AND IMMUNITIES 97. Responsibilities of Members of Parliament 98. Freedom of Speech and Debate 99. Parliamentary Privileges 100. Immunity From Service of Process and Arrest 101. Immunity From Witness Summons 102. Immunity From Serving as Juryman 103. Immunity for Publication of Proceedings 104. Privileges of Witness PART V EXERCISE OF LEGISLATIVE POWER 105. Power to Make Laws 106. Mode of Exercising Legislative Power 107. Minister May Introduce Bill and be Summoned to Parliament 108. Alteration of CONSTITUTION 109. Residual Authority of Parliament PART VI FINANCE 3 The Laws of SIERRA Leone on the SIERRA Leone Web The CONSTITUTION of SIERRA Leone, 1991 110. Authorisation for Imposition of Taxation 111. Consolidated Fund 112. Authorisation of Expenditure from Consolidated Fund 113.

6 Authorisation of Expenditure in Advance of Appropriation 114. Withdrawals of Moneys for General Revenues 115. Remuneration of the President and Certain Other Officers 116. Contingencies Fund 117. Public Debt 118. Loans 119. Establishment of the Office of Auditor-General CHAPTER VII THE JUDICIARY PART I THE SUPERIOR COURT OF JUDICATURE 120. Establishment of the Judiciary PART II THE SUPREME COURT 121. Composition of the Supreme Court 122. Jurisdiction of the Supreme Court 123. Appeals to the Supreme Court 124. Interpretation of the CONSTITUTION 125. Supervisory Jurisdiction 126. Power of Justices of the Supreme Court in Interlocutory Matters 127. Enforcement of the CONSTITUTION PART III THE COURT OF APPEAL 128. Composition of the Court of Appeal 129. Jurisdiction of the Court of Appeal 130. Power of Single Justice of Appeal PART IV THE HIGH COURT 131. Composition of the High Court 132. Jurisdiction of the High Court 133. Claims Against the Government 134. Supervisory Jurisdiction of the High Court PART V APPOINTMENT OF JUDGES, ETC.

7 135. Appointment of Judges, etc. 136. Judicial Vacancies 137. Tenure of Office of Judges, etc. 138. Remuneration of Judges, etc. 139. Oath of Office of Judges PART VI JUDICIAL AND LEGAL SERVICE COMMISSION 140. Establishment of the Judicial and Legal Service Commission 141. Appointment of Judicial and Legal Service Officers, etc. 4 The Laws of SIERRA Leone on the SIERRA Leone Web The CONSTITUTION of SIERRA Leone, 1991 142. Appointment of Court Officers 143. Fees of Court, etc. 144. Official Document 145. Rules of Court Committee CHAPTER VIII OMBUDSMAN 146. Parliament to Establish Office of Ombudsman CHAPTER IX COMMISSIONS OF INQUIRY 147. Appointment of Commissions of Inquiry 148. Powers, Rights and Privileges of Commissions of Inquiry 149. Report of Inquiry 150. Rules Regulating Commissions of Inquiry CHAPTER X THE PUBLIC SERVICE 151. Establishment of the Public Service Commission 152. Appointments, etc. of Public Officers 153. Appointment of the Principal Representatives of SIERRA Leone 154.

8 Appointment of Permanent Secretaries and Certain Other Officers PART II THE POLICE FORCE 155. Establishment of the SIERRA Leone Police Force 156. Establishment of Police Council 157. Appointments in the Police Force 158. Functions of the Police Council PART III RESIGNATIONS, RE-APPOINTMENTS AND PROTECTION OF PENSION RIGHTS OF PUBLIC OFFICERS HOLDING ESTABLISHED OFFICES 159. Resignation and Effect of New Appointment of a Person Holding Established Office 160. Re-appointment, etc. 161. Protection of Pension Rights PART IV POWER AND PROCEDURES OF COMMISSIONS AND COUNCILS, AND LEGAL PROCEEDINGS 162. Power of Commissions in Relation to the Grant of Pensions 163. Power and Procedure of Commissions 164. Protection of Commissions From Legal Proceedings CHAPTER XI THE ARMED FORCES 165. Establishment of the Armed Forces 166. Prohibition of Private Armed Forces 167. Establishment of Defence Council 168. Appointments in the Armed Forces 169. Functions of the Defence Council 5 The Laws of SIERRA Leone on the SIERRA Leone Web The CONSTITUTION of SIERRA Leone, 1991 CHAPTER XII THE LAWS OF SIERRA LEONE 170.

9 The Laws of SIERRA Leone CHAPTER XIII MISCELLANEOUS 171. Interpretation 172. Legislation 173. Consequential Provisions CHAPTER XIV TRANSITIONAL PROVISIONS 174. Existing CONSTITUTION Act No. 12 of 1978. 175. Effect of Transitional Provisions 176. Existing Law 177. Application of Existing Law 178. Preservation of Existing Offices 179. Existing Parliament 180. Delegated Powers and Inquiries 181. Continuation of Matters 182. Legal Proceedings 183. Appeals 184. Jurisdiction of Courts 185. Finance 186. Financial Authorisation 187. Official Seals, etc. 188. Continuation of the Police Force 189. Continuation of the Military Forces 190. Repeal of Act No. 12 of 1978 and Savings 191. Reprint 192. Commencement FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE SIGNED this 24th day of September, 1991 J. S. MOMOH President CONSTITUTION OF SIERRA LEONE AMENDMENT ACT, 2001 Election by District Block Representation System. 6 The Laws of SIERRA Leone on the SIERRA Leone Web The CONSTITUTION of SIERRA Leone, 1991 The CONSTITUTION of SIERRA Leone, 1991 Being an Act to make provision for a new CONSTITUTION of SIERRA Leone, and for connected purposes [1 October, 1991] BE IT ENACTED by the President and Members of Parliament in this present Parliament assembled, as follows: CHAPTER I THE REPUBLIC OF SIERRA LEONE Declaration of Republic.

10 1. SIERRA Leone is a Sovereign Republic, the boundaries of which are delimited in the First Schedule hereto. Public seal. 2. The Public Seal of the Republic shall be such a device as Parliament shall prescribe. The National Flag and National Anthem. 3. (1) a. The Flag of which the design is described in paragraph (b) hereof is hereby declared to be the National Flag of SIERRA Leone. b. The design of the Flag shall be from the top of the Flag to the bottom thereof, three horizontal stripes of green, white and blue. c. The normal size of the Flag for official use shall be in the proportion of nine units across to six units down. (2) The National Anthem of the Republic shall be such as Parliament shall prescribe. CHAPTER II FUNDAMENTAL PRINCIPLES OF STATE POLICY Fundamental obligations of Government. 4. All organs of Government and all authorities and persons exercising legislative, executive or judicial powers shall conform to, observe and apply the provisions of this Chapter.


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