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CHAPTER V — THE EXECUTIVE
PART I — THE PRESIDENT
| Office of President. |
40. (1) There shall be a President of the Republic of Sierra Leone
who shall be Head of State, the supreme executive authority of the
Republic and the Commander-in-Chief of the Armed Forces.
(2) The President shall be the Fountain of Honour and Justice and
the symbol of national unity and sovereignty.
(3) The President shall be the guardian of the Constitution and
the guarantor of national independence and territorial integrity,
and shall ensure respect for treaties and international agreements.
(4) Notwithstanding any provisions of this Constitution or any
other law to the contrary, the President shall, without prejudice
to any such law as may for the time being be adopted by Parliament,
be responsible, in addition to the functions conferred upon him
in the Constitution, for—
- all constitutional matters concerning legislation;
- relations with Foreign States;
- the reception of envoys accredited to Sierra Leone and the appointment
of principal representatives of Sierra Leone abroad;
- the execution of treaties, agreements or conventions in the
name of Sierra Leone;
- the exercise of the Prerogative of Mercy;
- the grant of Honours and Awards;
- the declaration of war; and
- such other matters as may be referred to the President by Parliament;
Provided that any Treaty, Agreement or Convention executed by or
under the authority of the President which relates to any matter
within the legislative competence of Parliament, or which in any
way alters the law of Sierra Leone or imposes any charge on, or
authorises any expenditure out of, the Consolidated Fund or any
other fund of Sierra Leone, and any declaration of war made by the
President shall be subject to ratification by Parliament—
- by an enactment of Parliament; or
- by a resolution supported by the votes of not less than one-half
of the Members of Parliament.
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| Qualifications
for Office of President. |
(41) No person shall be qualified for election as President unless
he—
- is a citizen of Sierra Leone;
- is a member of a political party;
- has attained the age of forty years; and
- is otherwise qualified to be elected as a Member of Parliament.
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| Election of
President. |
42. (1) A Presidential candidate shall be nominated by a political
party.
(2) The following provisions shall apply to an election to the
office of President—
- all persons registered in Sierra Leone as voters for the purposes
of election to Parliament shall be entitled to vote in the election;
- the poll shall be taken by a secret ballot on such day or days,
at such time, and in such manner as may be prescribed by or under
an Act of Parliament;
- a candidate for an election to the office of President shall
be deemed to have been duly elected to such office where he is
the only candidate nominated for the election after the close
of nomination;
- where in an election to the office of President a candidate
nominated for the election dies, is incapacitated or disqualified,
the party which nominated him shall within seven days of such
death, incapacitation or disqualification, nominate another candidate;
- no person shall be elected as President of Sierra Leone unless
at the Presidential election he has polled not less than fifty-five
per cent of the valid votes in his favour; and
- in default of a candidate being duly elected under paragraph
(e), the two candidates with the highest number or numbers of
votes shall go forward to a second election which shall be held
within fourteen days of the announcement of the result of the
previous election, and the candidate polling the higher number
of votes cast in his favour shall be declared President.
(3) A person elected to the office of President under this section
shall assume that office on the day upon which he is declared elected
by the Returning Officer, or upon the date that his predecessor's
term of office expires, whichever is the latter.
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| Period during
which Presidential election shall take place. |
43. A Presidential election shall take place—
- where the office of President is to become vacant by effluxion
of time and the President continues in office after the beginning
of the period of four months ending with the date when his term
of office would expire by effluxion of time, during the first
three months of that period;
- in any other case, during the period of three months beginning
with the date when the office of President becomes vacant;
Provided that—
- where any proceedings have been lawfully commenced or taken
for the purposes of the election and assumption of office of a
President, it shall not be recommended or retaken whether or not
a President has thereby been duly elected, by reason only that
a vacancy has occurred in the office of President otherwise than
by effluxion of time; and the said proceedings shall, subject
to the provision of this Constitution, be continued and committed
in accordance with this Constitution and any other law for the
time being in force relating thereto, with such modification as
may be necessary; and
- where the office of President becomes vacant during a period
when Parliament is dissolved, the Presidential election shall
be held and completed before the election of Members of Parliament.
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| Parliament to
make laws for election of President. |
44. Parliament shall make laws
for the purpose of regulating the election of President and other
matters connected therewith.
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| Presidential
Returning Officer. |
45. (1) The Chief Electoral Commissioner shall be the Returning
Officer for the election of a President.
(2) Any question which may arise as to whether—
- any provision of this Constitution or any law relating to the
election of a President under sections 42 and 43 of this Constitution
has been complied with; or
- any person has been validly elected as President under section
42 of this Constitution or any other law,
shall be referred to and determined by the Supreme Court.
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Tenure of office
of President, etc.
Second Schedule. |
46. (1) No person shall hold
office as President for more than two terms of five years each whether
or not the terms are consecutive.
(2) Any person who is elected President while he is, or has been
elected a Member of Parliament shall, on assuming office as President,
cease to be an elected Member of Parliament and his seat shall be
declared vacant.
(3). The President shall not, while he continues in office as President,
hold any other office of profit or emolument in the service of Sierra
Leone or occupy any other position carrying the right to remuneration
for rendering services.
(4) Upon his assumption of office, the President shall take and
subscribe the oath for the due execution of his office as set out
in the Second Schedule to this Constitution.
(5) The oath aforesaid shall be administered by the Chief Justice
of Sierra Leone or the person for the time being appointed to exercise
the functions of the Chief Justice.
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| President in
Parliament. |
47. The President shall be
entitled to address Parliament in person or to send a message to Parliament
to be read by his Vice-President or a Minister on his behalf.
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| Incidents of
office, etc. |
48. (1) The President shall
receive such salary and allowances as may be prescribed by Parliament
and such salary and allowances payable to the President are hereby
charged on the Consolidated Fund.
(2) The salary and allowances of the President shall not be altered
to his disadvantage during his tenure of office.
(3) The President shall be exempted from personal taxation.
(4) While any person holds or performs the functions of the office
of President, no civil or criminal proceedings shall be instituted
or continued against him in respect of anything done or omitted
to be done by him either in his official or private capacity.
(5) The President shall be entitled to such pension and retiring
benefits as shall be prescribed by Parliament.
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| Vacancy in office
of President. |
49. (1) The office of President
shall become vacant—
- on the expiration of any of the terms prescribed in subsection
(1) of section 46 of this Constitution; or
- where the incumbent dies or resigns or retires from that office;
or
- where the incumbent ceases to hold that office in pursuance
of section 50 or 51 of this Constitution:
Provided that the President shall not resign or retire from this
office even at the due expiration of his term of office while a
general election of Members of Parliament is pending within the
ensuing three months, or where a state of public emergency has been
declared.
(2) If Sierra Leone is at war in which the national territory is
physically involved, and the President considers that it is not
practicable to hold elections, Parliament may by resolution extend
the period of five years mentioned in sub-section (1) of section
46, but no such extension shall exceed a period of six months at
any one time.
(3) Any resignation or retirement by a person from the office of
President shall be in writing addressed to the Chief Justice and
a copy thereof shall be sent to the Speaker and the Chief Electoral
Commissioner.
(4) Whenever the President dies, resigns, retires or is removed
from office as a result of paragraphs (b) and (c) of subsection
(1), the Vice-President shall assume office as President for the
unexpired term of the President with effect from the date of the
death, resignation, retirement or removal of the President, as the
case may be.
(5) The Vice-President shall, before assuming office as President
in accordance with subsection (4), take and subscribe the oath for
the due execution of his office as set out in the Second Schedule
to this Constitution.
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| Mental or physical
incapacity. |
50. (1) Where the Cabinet has
resolved that the question of the mental or physical capacity of the
President to discharge the functions conferred on him by this Constitution
ought to be investigated and has informed the Speaker accordingly,
the Speaker shall, in consultation with the Head of the Medical Service
of Sierra Leone, appoint a Board consisting of not less than five
persons selected by him from among persons registered as medical practitioners
under the laws of Sierra Leone.
(2) The Board appointed under subsection (1) shall enquire into
the matter and make a report to the Speaker stating the opinion
of the Board whether or not the President is, by reason of any infirmity
of mind or body, incapable of discharging the functions conferred
on the President by this Constitution.
(3) Where the Cabinet has resolved that the question of the mental
or physical capacity of the President to discharge the functions
conferred on him by this Constitution ought to be investigated in
accordance with the provisions of subsection (1), the President
shall, as soon as another person assumes the office of President,
cased to perform those functions and until the Board submits its
report, those functions shall be exercised in accordance with subsection
(1) of section 52 of this Constitution.
(4) Where the Board reports that the President is incapable of
discharging the functions conferred on him by this Constitution
by reason of infirmity of mind or body, the Speaker shall certify
in writing accordingly, and thereupon, the President shall cease
to hold office and a vacancy shall be deemed to have occurred in
the office of President and subsection (4) of section 49 of this
Constitution shall apply.
(5) Upon receipt of the report of the Board referred to in subsection
(4), the speaker shall—
- if Parliament is then sitting or has been summoned to meet,
within five days communicate the report to Parliament;
- if Parliament is not then sitting (and notwithstanding that
it may be prorogued), summon Parliament to meet within twenty-one
days after the receipt by the Speaker of the report of the Board
and communicate the report of the Board to Parliament.
(6) For the purposes of this section—
- the Cabinet may act notwithstanding any vacancy in its membership
or the absence of any member;
- a Certificate by the Speaker that the President is by reason
of mental or physical infirmity unable to discharge the functions
of the office of President conferred on him by this Constitution
shall, in respect of any period for which it is in force, be conclusive
and shall not be entertained or enquired into in any court.
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| Misconduct by
President. |
51. (1) If notice in writing
is given to the Speaker signed by not less than one-half of all the
Members of Parliament of a motion alleging that the President has
committed any violation of the Constitution or any gross misconduct
in the performance of the functions of his office and specifying the
particulars of the allegations and proposing that a tribunal be appointed
under this section to investigate those allegations, the Speaker shall—
- if Parliament is then sitting or has been summoned to meet within
five days, cause the motion to be considered by Parliament within
seven days of the receipt of the notice; or
- if Parliament is not then sitting (and notwithstanding that
it may be prorogued), summon Parliament to meet within twenty-one
days of the receipt of the notice, and cause the motion to be
considered by Parliament.
(2) Where a motion under this section is proposed for consideration
by Parliament, it shall meet in secret session and shall not debate
the motion, but the Speaker or the person presiding in Parliament
shall forthwith cause a vote to be taken on the motion and, if the
motion is supported by the votes of not less than two thirds of
all Members of Parliament, shall declare the motion to be passed.
(3). If a motion is declared to be passed under subsection (2)—
- the Speaker shall immediately notify the Chief Justice who shall
appoint a tribunal which shall consist of a Chairman who shall
be a Justice of the Supreme Court and not less than four others
selected by the Chief Justice, at least two of whom shall hold
or shall have held high judicial office;
- the Tribunal shall investigate the matter and shall within the
period of three months from the date on which the motion was passed
report to Parliament through the Speaker whether or not it finds
the particulars of the allegation specified in the motion to have
been sustained;
- the President shall have the right to appear and be represented
before the Tribunal during its investigation of the allegations
against him.
(4) If the Tribunal reports to Parliament that if finds that the
particulars of any allegations against the President specified in
the motion have not been substantiated, no further proceedings shall
be taken under this Section in respect of that allegation.
(5) Where the Tribunal reports to Parliament that it finds that
the particulars of any allegation specified in the motion have been
substantiated, Parliament may, in secret session, on a motion supported
by not less than two-thirds of all the Members of Parliament, resolve
that the President has been guilty of such violation of the Constitution
or, as the case may, such gross misconduct as is incompatibile with
his continuance in office as President; and where Parliament so
resolves, the President shall thereupon cease to hold office and
a vacancy shall then be deemed to have occurred in the office of
President and subsection (4) of Section 49 of this Constitution
shall apply accordingly.
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| Temporary filling
of vacancy. |
52. (1) Whenever the President
is absent from Sierra Leone or is by reason of illness or any other
cause unable to perform the functions conferred upon him by this Constitution,
those functions shall be performed by the Vice-President.
(2) Upon assumption of office under subsection (1), the Vice-President
shall not take and subscribe the oath of office of President.
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PART II — EXECUTIVE POWERS
| Exercise of
executive authority in Sierra Leone. |
53. (1) Subject to the provisions
of this Constitution, the executive power in Sierra Leone shall vest
in the President and may be exercised by him directly or through members
of the Cabinet, Ministers, Deputy Ministers, Deputy Ministers or public
officers subordinate to him.
(2) In the exercise of his functions, the President may act in
accordance with the advice of the Cabinet or a Minister acting under
the general authority of the Cabinet except in cases where, by this
Constitution or any other law, he is required to act with the approval
of Parliament or in accordance with the advice of any person or
authority other than the Cabinet:
Provided that the President shall always act in accordance with
his deliberate judgement in signifying his approval for the purpose
of an appointment to an office on his personal staff.
(3) Where by this Constitution or under any other law the President
is required to act in accordance with the advice of any person or
authority, the question whether he has in any case received or acted
in accordance with such advice shall not be inquired into in any
court.
(4) The reference in subsection (1) to the functions of the President
shall be construed as reference to his powers and duties in the
exercise of the executive authority of Sierra Leone and to any other
powers and duties conferred or imposed on him as President by or
under this Constitution or any other law.
(5) Nothing in this section shall prevent Parliament from conferring
functions on persons or authorities other than the President.
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| Vice President |
54. (1) There shall be a Vice-President
of the Republic of Sierra Leone who shall be the Principal Assistant
to the President in the discharge of his executive functions.
(2) A person—
- shall be designated a candidate for the office of Vice-President
by a Presidential candidate before a Presidential election;
- shall not be qualified to be a candidate for the office of Vice-President
unless he has the qualifications specified in section 41.
(3) A candidate shall be deemed to be duly elected as Vice-President
if the candidate who designated him as candidate for election to
the office of Vice-President has been duly elected as President
in accordance with the provisions of section 42.
(4) The Vice-President shall, before entering upon the duties of
his office, take and subscribe the oath of Vice-President as set
out in the Third Schedule of this Constitution.
(5) Whenever the office of the Vice-President is vacant, or the
Vice-President dies, resigns, retires or is removed from office,
the President shall appoint a person qualified to be elected as
a Member of Parliament to the office of Vice-President with effect
from the date of such vacancy, death, resignation, retirement or
removal.
(6) Whenever the President and Vice-President are both for any
reason unable to perform the functions of the President, the Speaker
of Parliament shall perform those functions until the President
or Vice-President is able to perform those functions, and shall
take and subscribe the oath of office as set out in the Second Schedule
before commencing to perform those functions.
(7) Where the Speaker of Parliament assumes the office of President
as a result of the death, resignation or removal from office of
the President and Vice-President, there shall be a Presidential
election within ninety days of that assumption of office.
(8) The provisions of sections 50 and 51 of this Constitution,
relating to the removal from office of the President, shall apply
to the removal from office of the Vice-President.
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| Vacancy in the
office of Vice- President. |
55. The office of the Vice-President
shall become vacant—
- on the expiration of the term of office of the President; or
- if the Vice-President resigns or retires from office or dies;
or
- if the Vice-President is removed from office in accordance with
the provisions of section 50 or 51 of this Constitution; or
- upon the assumption by the Vice-President to the office of President
under subsection (4) of section 49.
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| Ministers and
Deputy Ministers of Government. |
56. (1) There
shall be, in addition to the office of Vice-President, such other
offices of Ministers and Deputy Ministers as may be established by
the President:
Provided that no Member of Parliament shall be appointed a Minister
or Deputy Minister.
(2) A person shall not be appointed a Minister or Deputy Minister
unless—
- he is qualified to be elected as a Member of Parliament; and
- he has not contested and lost as a candidate in the general
election immediately preceding his nomination for appointment;
and
- his nomination is approved by Parliament.
(3) A Minister or a Deputy Minister shall not, while he continues
in office, hold any other office of profit or emolument whether
by way of allowances or otherwise, whether private or public, and
either directly or indirectly;
Provided that the Vice-President, the Ministers and the Deputy
Ministers shall be entitled to such remuneration, allowances, gratuities,
pensions, and other incidents of office as may be prescribed by
Parliament.
(4) Subject to the provisions of section 53 of this Constitution,
the Ministers and Deputy Ministers shall hold office at the President's
discretion.
(5) Subject to the provisions of subsection (6), the Vice-President
and the other Ministers under the direction of the President shall
be responsible for such departments of State or other business of
the Government as the President may assign to them.
(6) Notwithstanding the provisions of subsection (5), the President
shall be responsible for such departments of State, including the
Commissions established under this Constitution, as he may determine.
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| Oaths to be
taken by Ministers, etc. |
57. A Minister or a Deputy
Minister shall not enter upon the duties of his office unless he has
taken and subscribed the oath for the due execution of his duties
as set out in the Third Schedule. |
| Ministerial
vacancies. |
58. (1) The office of a Minister
or a Deputy Minister shall become vacant—
- on the expiration of the term of office of the President; or
- if his appointment is revoked by the President; or
- if he resigns or retires from office or dies; or
- if he is elected as Speaker or Deputy Speaker of Parliament;
or
- upon the assumption of any other person to the office of President.
(2) Notwithstanding the provisions of paragraphs (a) and (e) of
subsection (1), Ministers and Deputy Ministers shall not vacate
office as such by reason of the expiration of the term of office
of the President or the assumption by the Speaker to the office
of President pursuant to subsections (7) and (8) of section 54 and
shall accordingly continue to perform the functions of their respective
offices until the election of the new President and the Vice-President.
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| Establishment
of Cabinet. |
59. (1) There shall be a Cabinet
whose functions shall be to advise the President in the government
of Sierra Leone and which shall consist of the President, the Vice-President
and such Ministers as the President may from time to time appoint.
(2) A person appointed as a Member of Cabinet shall vacate his
seat in the Cabinet is he ceases to be a Minister or if the President
so directs.
(3) The Cabinet shall determine the general policy of the Government.
(4) The President shall hold regular meetings of the Cabinet at
which he shall preside, and in his absence the Vice-President shall
preside.
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| Collective responsibility. |
60. (1) The Cabinet shall be
collectively responsible to Parliament for any advice given to the
President by or under the general authority of the Cabinet and for
all things done by or under the authority of any Minister in the execution
of his office.
(2) The provisions of this section shall not apply in relation
to—
- the appointment and removal from office of Ministers and Deputy
Ministers, or the assignment of responsibility to any Minister;
or
- the exercise of the prerogative of mercy; or
- the exercise by the Attorney-General and Minister of Justice
or the Director of Public Prosecutions of the powers conferred
upon them under section 66.
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| Constitution
of offices. |
61. Subject to the provisions
of this Constitution and of any Act of Parliament, the President may
constitute offices for Sierra Leone, make appointments to any such
office and terminate any such appointment. |
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Administration of Ministries.
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62. Where any Minister has
been charged with responsibility for any department of Government,
he shall exercise general direction and control over that department
and, subject to such direction and control, the department shall be
under the supervision of a Permanent Secretary, whose office shall
be a public office:
Provided that two or more Departments of Government may be placed
under the supervision of one Permanent Secretary.
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| Prerogative
of Mercy. |
63. (1) The President may,
acting in accordance with the advice of a Committee appointed by the
Cabinet over which the Vice-President shall preside—
- grant any person convicted of any offence against the laws of
Sierra Leone a pardon, either free or subject to lawful conditions;
- grant to any person a respite, either indefinite or for a specified
period, of the execution of any punishment imposed on that person
for such an offence;
- substitute a less severe form of punishment for any punishment
imposed on any person for such an offence;
- remit the whole or any part of any punishment imposed upon any
person for such an offence or any penalty or forfeiture otherwise
due to the Government on account of such an offence.
(2) Where any person has been sentenced to death by any Court for
any offence, the Committee appointed under subsection (1) shall
cause a written report of the case from the trial judge together
with such other information, including a medical report on the prisoner,
derived from the record of the case or elsewhere, as the Committee
may require, to be submitted to it as soon as possible.
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| Establishment
of office of Attorney- General and Minister of Justice. |
64. (1) There
shall be an Attorney-General and Minister of Justice who shall be
the principal legal adviser to the Government and a Minister.
(2) The Attorney-General and Minister of Justice shall be appointed
by the President from among persons qualified to hold office as
a Justice of the Supreme Court and shall have a seat in the Cabinet.
(3) All offences prosecuted in the name of the Republic of Sierra
Leone shall be at the suit of the Attorney-General and Minister
of Justice or some other person authorised by him in accordance
with any law governing the same.
(4) The Attorney-General and Minister of Justice shall have audience
in all Courts in Sierra Leone except local courts.
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| Solicitor- General |
65. (1) There shall be a Solicitor-General,
whose office shall be a public office.
(2) The Solicitor-General shall be appointed by the President on
the advice of the Judicial and Legal Service Commission and he shall,
before assuming the functions of his office, take and subscribe
to the oath as set out in the Third Schedule to this Constitution.
(3) A person shall not be qualified to hold or act in the office
of Solicitor-General unless he is qualified for appointment as a
Justice of the Court of Appeal.
(4) The Solicitor-General shall be the principal assistant to the
Attorney-General and Minister of Justice.
(5). The Solicitor-General shall have audience in all courts in
Sierra Leone except local courts.
(6). The Solicitor-General shall in all matters or any other law
be subject to the general or special direction of the Attorney-General
and Minister of Justice.
(7) Subject to the provisions of this section, a person holding
the office of Solicitor-General shall vacate his office when he
attains the age of sixty-five years.
(8) If the office of Solicitor-General is vacant or the holder
of that office is for any reason unable to perform the functions
thereof, a person qualified for appointment to that office may be
appointed to act therein, and any person so appointed shall, subject
to the provisions of subsection (7) and subsections (9) to (12)
inclusive, continue to act until a person has been appointed to
and has assumed the functions of the office of Solicitor-General
or until the person holding that office has resumed those functions.
(9) The Solicitor-General may be removed from office only for inability
to discharge the functions of his office, (whether arising from
infirmity of mind or body or any other cause), or for misbehaviour
and shall not be so removed except in accordance with the provisions
of this section.
(10) If the Judicial and Legal Service Commission represents to
the President that the question of removing the Solicitor-General
from office under subsection (9) ought to be investigated then—
- the President, acting in consultation with the Judicial and
Legal Service Commission, shall appoint a tribunal which shall
consist of a Chairman and two other members, all of whom shall
be persons who hold, have held or are qualified to hold office
as a Justice of the Supreme Court; and
- the tribunal shall enquire into the matter and report on the
facts thereof and the findings thereon, and recommend to the President
whether the Solicitor-General ought to be removed from office
under subsection (12).
(11) Where the question of removing the Solicitor-General from
office has been referred to a tribunal under subsection (10), the
President may suspend the Solicitor-General from performing the
functions of his office, and any such suspension may at any time
be revoked by the President, and shall in any case cease to have
effect if the tribunal recommends to the President that the Solicitor-General
shall not be removed from office.
(12) The Solicitor-General shall be removed from office by the
President if the question of his removal from office has been referred
to a tribunal appointed under subsection (10) and the tribunal has
recommended to the President that he ought to be removed from office
of inability to discharge the functions of his office as stated
in subsection (9) or for misbehaviour.
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| Director of
Public Prosecutions |
66. (1) There shall be a Director
of Public Prosecutions whose office shall be a public office.
(2) The Director of Public Prosecutions shall be appointed by the
President on the advice of the Judicial and Legal Service Commission
and subject to the approval of Parliament, and shall, before assuming
the functions of his office, take and subscribe to the oath as set
out in the Third Schedule to this Constitution.
(3) A person shall not be qualified to hold or act in the office
of Director of Public Prosecutions unless he is qualified for appointment
as a Justice of the Court of Appeal.
(4) Subject to subsection (3) of section 64, the Director of Public
Prosecutions shall have power in any case in which he considers
is desirable so to do—
- to institute and undertake criminal proceedings against any
person before any court in respect of any offence against the
laws of Sierra Leone;
- to take over and continue any such criminal proceedings that
may have been instituted by any other person or authority; and
- to discontinue at any stage before judgement is delivered any
such criminal proceedings instituted or undertaken by himself
or any other person or authority.
(5) The powers of the Director of Public Prosecutions under subsection
(4) may be exercised by him in person or through other persons acting
under and in accordance with his general or special instructions.
(6) The Director of Public Prosecutions shall in all matters including
his powers under this Constitution or any other law be subject to
the general or special direction of the Attorney-General and Minister
of Justice.
(7) The powers conferred upon the Attorney-General and Minister
of Justice by this section shall be vested in him to the exclusion
of any other person or authority:
Provided that where any other person or authority has instituted
criminal proceedings, nothing in this section shall prevent the
withdrawal of those proceedings by or at the instance of that person
or authority at any stage before the person against whom the proceedings
have been instituted has been charged before the court.
(8) In the exercise of the powers conferred upon him by this section,
the Attorney-General and Minister of Justice shall not be subject
to the direction or control of any other person or authority.
(9) For the purposes of this section, any appeal from any determination
in any criminal proceedings before any court, or any case stated
or question of law reserved for the purposes of any such proceedings,
to any other court shall be deemed to be part of those proceedings.
(10) Subject to the provisions of this section, a person holding
the office of Director of Public Prosecutions shall vacate his office
when he attains the age of sixty-five years.
(11) If the office of Director of Public Prosecutions is vacant
or the holder of that office is for any reason unable to perform
the functions thereof, a person qualified for appointment to that
office may be appointed to act therein, and any person so appointed
shall, subject to the provisions of subsection (10) and subsections
(12) to (15) inclusive, continue to act until a person has been
appointed to and has assumed the functions of the office of Director
of Public Prosecutions or until the person holding that office has
resumed those functions.
(12) The Director of Public Prosecutions may be removed from office
only for inability to discharge the functions of his office (whether
arising from infirmity of mind or body or any other cause) or for
misbehaviour and shall not be so removed except in accordance with
the provisions of this section.
(13) If the Judicial and Legal Service Commission represents to
the President that the question of removing the Director of Public
Prosecutions from office under subsection (12) ought to be investigated
then—
- the President, acting in consultation with the Judicial and
Legal Service Commission, shall appoint a tribunal which shall
consist of a Chairman and two other members, all of whom shall
be persons who hold, have held, or are qualified to hold office
as a Justice of the Supreme Court; and
- the tribunal shall enquire into the matter and report on the
facts thereof and the findings thereon to the President and recommend
to the President whether the Director of Public Prosecutions ought
to be removed from office under subsection (15).
(14) Where the question of removing the Director of Public Prosecutions
from office has been referred to a tribunal under subsection (10),
the President may suspend the Director of Public Prosecutions from
performing the functions of his office, and any such suspension
may at any time be revoked by the President, and shall in any case
cease to have effect if the tribunal recommends to the President
that the Director of Public Prosecutions shall not be removed from
office.
(15) The Director of Public Prosecutions shall be removed from
office by the President if the question of his removal from office
has been referred to a tribunal appointed under subsection (13)
and the tribunal has recommended to the President that he ought
to be removed from office for inability as aforesaid or for misbehaviour.
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| Secretary to
the President. |
67. (1) There shall be a Secretary
to the President who shall be appointed by the President at his sole
discretion.
(2) The functions of the Secretary to the President shall include—
- acting as the principal adviser to the President on Public Service
matters;
- the administration and management of the Office of the President,
of which he shall also be Vote Controller;
- the performance of all other functions assigned to him from
time to time by the President.
(3) The office of Secretary to the President and the offices of
members of his staff shall be public offices.
(4) Before assuming the functions of his office, the Secretary
to the President shall take and subscribe to the oath as set out
in the Third Schedule to this Constitution.
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| Secretary to
the Cabinet. |
68. (1) There shall be a Secretary
to the Cabinet who shall be the Head of the Civil Service and whose
office shall be a public office.
(2) The Secretary to the Cabinet shall be appointed by the President
in consultation with the Public Service Commission.
(3) The functions of the Secretary to the Cabinet shall include—
- having charge of the Cabinet Secretariat;
- responsibility for arranging the business for, and keeping the
minutes of, the Cabinet, and for conveying the decisions of the
Cabinet to the appropriate person or authority, in accordance
with such instructions as may be given to him by the President;
- co-ordinating and supervising the work of all administrative
heads of ministries and departments in the Public Service;
- such other functions as the President may from time to time
determine.
(4) The Secretary to the Cabinet shall not assume the duties of
his office unless he has taken and subscribed to the oath as set
out in the Third Schedule to this Constitution.
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| Secretary to
the Vice-President. |
69. (1) There shall be a Secretary
to the Vice-President whose office shall be a public office.
(2) The Secretary to the Vice-President shall be appointed by the
President in consultation with the Public Service Commission and
shall, before assuming the functions of his office, take and subscribe
to the oath as set out in the Third Schedule to this Constitution.
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| Power of appointment
vested in the president. |
70. The President may appoint,
in accordance with the provisions of this Constitution or any other
law the following persons—
- the Chief Justice;
- any Justice of the Supreme Court, Court of Appeal, or Judge
of the High Court;
- the Auditor-General;
- the sole Commissioner or the Chairman and other Members of any
Commission established by this Constitution;
- the Chairman and other Members of the governing body of any
corporation established by an Act of Parliament, a statutory instrument,
or out of public funds, subject to the approval of Parliament.
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71. Notwithstanding the provisions
of section 152 of this Constitution and save as otherwise provided
in this Constitution, the President shall, in accordance with the
provisions of this Constitution or any other law, appoint—
- to any office to which section 141 (which relates to the offices
within the jurisdiction of the Judicial and Legal Service Commission)
applies;
- to any office to which sections 153 and 154, which relate to
certain offices abroad and the offices of Permanent Secretaries
respectively, apply;
- the Governor and the other members of the governing body of
any State Bank, Banking or Financial Institutions.
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| Office of Paramount
Chief. |
72. (1) The institution of
Chieftaincy as established by customary law and usage and its non-abolition
by legislation is hereby guaranteed and preserved.
(2) Without derogating from the generality of the provisions of
subsection (1), no provision of law in so far as it provides for
the abolition of the office of Paramount Chief as existing by customary
law and usage immediately before the entry into force of this Constitution,
shall have effect unless it is included in an Act of Parliament
and the provisions of Section 108 shall apply in relation to the
Bill for such an Act as they apply in relation to the Bill for an
Act of Parliament that alters any of the provisions of this Constitution
that are referred to in subsection (3) of that section.
(3) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with, or in contravention of, the
provisions of subsection (1) to the extent that the law in question
makes provision for the determination, in accordance with appropriate
customary law and usage, of the validity of the nomination, election,
unseating or replacement of any Paramount Chief, or the question
of restraining in any way the exercise of any rights, duties, privileges
or functions conferred upon, or enjoyed by him, by virtue of his
office or the installation or deposition of a person as a Paramount
Chief.
(4) A Paramount Chief may be removed from office by the President
for any gross misconduct in the performance of the functions of
his office if after a public inquiry conducted under the Chairmanship
of a Judge of the High Court or a Justice of Appeal or a Justice
of the Supreme Court, the Commission of Inquiry makes an adverse
finding against the Paramount Chief, and the President is of the
opinion that it is in the public interest that the Paramount Chief
should be removed.
(5) Subject to the provisions of this Constitution and in furtherance
of the provisions of this section, Parliament shall make laws for
the qualifications, election, powers, functions, removal and other
matters connected with the Chieftaincy.
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