THE APPOINTMENT OF MR. MOHAMED BANGURA AS CABINET MINISTER IS CONSTITUTIONALLY LEGAL
The appointment of Mr. Mohamed Bangura as a Cabinet Minister by President Koroma have been seriously criticised and attacked at some quarters as unconstitutional and as a result President Koroma is in breach of the constitution. Especially from Mr. Mohamed K Mansaray (ADP) and Alpha Saidu Bangura (DISGRUNTLED APC KIDS BY BIRTH). They and other critics invoked Section 56(2) (b) of the 1991 Constitution of Sierra Leone.
This is my take on the constitutionality and legality of the appointment of Mr. Mohamed Bangura as Cabinet Minister by President Koroma. To start with section 56(2)(b) did NOT EXPRESSLY STATE whether it’s referring specifically to a Presidential Candidate, Local Councillor Candidate, a Mayor and Chairman Candidate or a Local MP Candidate in a general election. As it was the case of 2012 genera elections, which was known or referred to as 444.
One could legally argue that the aforementioned subsection is VAGUE and/or SILENCE on the type of candidate(s) its referring thereto. This means there is a lacuna or gap(thereto) in the law.
It’s arguably part of President Koroma’s (or anyone as President) responsibility to fill the gap(s) when the need arises of making ministerial appointments. Simply because he is the supreme legal authority and fountain of honour as provided for in section 40. Furthermore, section 53 gives him the executive powers to acts as he deems fit in furthering the nations national interest inline with the constitution, in this case appointing Mr. M Bangura as a Cabinet Minister.
Moreover, a Precedent had already been established in the appointment of the Late Thaimu Bangura (RIP) in 1996 as Minister of Finance. The late President Kabba(RIP) of the SLPP made the then appointment. Impliedly, this section had already been interpreted by the past administration and parliament of 1996-2002/08 to NOT including failed or loosing Presidential Candidates. Because the late Thaimu Bangura contested the 1996 presidential election which he lost. In applying this to Mr. Mohamed Bangura’s appointment who also happened to loss the 2012 Presidential Election, one can state and argue that there had been both a precedent and/or a conventional practice of appointing failed presidential candidate as a cabinet minister.
This remains the case until parliament legislates otherwise. And/or until a referral is made to the Supreme Court for judicial interpretation; and a subsequent declaration is made by the Supreme Court that the practice of appointing failed presidential candidates as minister is unlawful.
Now, let’s address the issue of sincerity by the critics and the oppositions. There is presently a Constitutional Review Commission (CRC) in place. The 1991 Constitution is under review. The so-called opposition and critics are fully aware about the practice of appointing failed flag bearers as ministers. If these people are genuine and sincere why didn’t they make a submission to the CRC to barring or preventing such practice? To my recollection the official opposition, SLPP, didn’t make any submission to the CRC. Please correct me if am wrong.
In defence of President Koroma, he’s following the precedents and/or conventional practices from the previous Kabba Administration of the SLPP. And also the DRAFTERS of the 1991 Constitution didn’t do a GOOD JOB. The constant attacks on President Koroma for others POOR JOB is UNFAIR to him personally and certainly amounts to MISPLACED AGGRESSION.
From Amidu Ayoub Kanu.
APC UK & REPUBLIC OF IRELAND.