Failure To Ratify Tripartite Agreement Weakens its Legal Authority …Lawyer Marah Avers
By Kelvin Jay
Sierra Leonean lawyer, Augustine Sengbe Marah, has stated that the failure to ratify the Tripartite Agreement in Parliament has weakened its legal authority and prevented it from serving as a constitutional check on the powers of the Presidency.
Speaking on the Agreement for National Unity, Marah explained that because the Tripartite Agreement has not been ratified by Parliament, it does not carry the force of law and therefore cannot be challenged or enforced in court.
According to him, if the agreement had been formally debated and ratified by Parliament, decisions taken by the President regarding key electoral appointments could have been legally contested.
He cited the recent appointment of the Electoral Commissioner by President Julius Maada Bio as an example, noting that such a decision could have faced legal scrutiny if the Tripartite Agreement had been enacted into law.
Marah further explained that the agreement proposes the establishment of a Search and Nominating Committee responsible for identifying and selecting three qualified individuals for the position of Chief Electoral Commissioner, whose names would then be recommended to the President for appointment.
However, he stressed that since the agreement remains unratified, it does not legally restrict the President’s authority in appointing the head of the Electoral Commission for Sierra Leone.
“What the President did in appointing the Chief Electoral Commissioner was right according to the 1991 Constitution, but morally it raises concerns about the upholding of democratic principles, especially when the Government and the All People’s Congress had already signed the Tripartite Agreement aimed at electoral reforms,” Marah noted.
He added that if the Tripartite Agreement had been passed and ratified in Parliament, it would have created a legal framework capable of placing a check on the powers of the Presidency.
“If the Tripartite Agreement had been passed and ratified in Parliament, it would have placed a check on the power of the Presidency,” Marah stated.
He concluded that until the agreement is formally ratified and given legal backing, it will remain a political understanding rather than a binding legal framework capable of influencing presidential decisions or strengthening democratic governance in Sierra Leone.
