APC Files Two Supreme Court Cases Challenging Constitutional Amendment Bill
By Staff Writer
The All People’s Congress (APC) has filed two separate cases before the Supreme Court of Sierra Leone, seeking judicial interpretation of key constitutional issues arising from Parliament’s handling of the proposed Constitutional Amendment Bill, 2025.
The cases, which involve different parties and were filed separately, are nonetheless aimed at addressing related questions concerning the interpretation of the 1991 Constitution and the constitutional procedure for amending it.
Speaking on the legal actions, APC flagbearer aspirant Ady Macauley explained that the two matters were prompted by recent developments in Parliament surrounding the passage of the Constitutional Amendment Bill.
According to Macauley, the first case was filed by the Leader of the Opposition, Hon. Abdul Kargbo, and Hon. Daniel Koroma, against the Speaker of Parliament, Hon. Segepoh Solomon Thomas; the Attorney General and Minister of Justice; and the Clerk of Parliament.
He said the matter seeks, among other things, to determine whether the Speaker has the constitutional authority to conclusively interpret provisions of the 1991 Constitution in a manner that determines the validity of parliamentary proceedings.
The originating notice of motion asks the Supreme Court to determine several constitutional questions pursuant to Sections 124 and 127 of the Constitution of Sierra Leone Act No. 6 of 1991.
Among the questions raised is whether the Speaker’s interpretation of Section 108(2)(b) as being governed or displaced by Section 91(1), and his reliance on that interpretation in determining the validity of parliamentary proceedings on the Constitutional Amendment Bill, amounted to an interference with or purported ouster of the jurisdiction of the Supreme Court under Sections 124 and 127 of the Constitution.
The applicants are also asking the Court to determine whether Section 94(2) permits the Speaker or Parliament to conclusively determine, to the exclusion of the courts, the constitutionality of their own acts in relation to the Bill.
Another issue before the Court is whether Sections 171(13) and 171(15) of the Constitution should be interpreted consistently with the principles of constitutional supremacy and separation of powers, while preserving the Supreme Court’s jurisdiction to determine and remedy alleged constitutional violations arising from the passage of the Constitutional Amendment Bill, 2025.
The applicants further challenge the Speaker’s ruling of 10 August 2026, particularly his application of Section 91(1) in relation to the passage of the Bill, arguing that it may have reduced, displaced or circumvented the specific constitutional requirement prescribed under Section 108(2)(b).
Second Supreme Court Case
Macauley said the second case was filed by lawyer Joseph Fitzgerald Kamara, Esq., on behalf of Hon. Osman Abdal Timbo, against the Speaker of Parliament and the Attorney General and Minister of Justice.
He explained that the Timbo matter specifically seeks the Supreme Court’s interpretation of provisions of the 1991 Constitution, particularly Section 108, which sets out the constitutional procedure for amending the Constitution.
Although the two cases were filed separately and involve different applicants and respondents, Macauley said they are fundamentally concerned with similar constitutional questions arising from Parliament’s consideration of the proposed amendment.
“It is two sets of cases, but they are arriving at the same point,” Macauley explained.
He maintained that the developments surrounding the Constitutional Amendment Bill in Parliament compelled the APC and its members to seek authoritative clarification from the country’s highest court.
The two applications now place several important constitutional questions before the Supreme Court, including the respective powers of Parliament and the judiciary in interpreting constitutional provisions and determining compliance with the prescribed amendment procedure.
The outcome of the cases could have significant implications for the Constitutional Amendment Bill, 2025, as well as the broader constitutional amendment process and the interpretation of the separation of powers in Sierra Leone.
