171. (1) in this Constitution
unless a contrary intention appears—
"Chiefdom Council" means a Chiefdom Council constituted
under the Chiefdom Councils Act;
"Commission of Inquiry" includes a committee of inquiry;
"constitutional instrument" means an instrument made
under a power conferred in that behalf by this Constitution;
"Court" means any court of law in Sierra Leone including
a court martial;
"law" includes—
- any instrument having the force of law made in exercise of
a power conferred by law;
- customary law and any other unwritten rules [of] law;
"Local Court" means a Court established by or under
the Local Courts Act, 1963;
"Oath" includes an affirmation;
"The President" means the President of the Republic;
"Public Emergency" includes any period during which
- Sierra Leone is at war; or
- there is in force a Proclamation issued by the President under
subsection (1) of section 29; or
- there is in force a Resolution of Parliament made under subsection
(3) of section 29;
"public office" includes an office the emoluments attaching
to which are paid directly from the Consolidated Fund or directly
out of moneys provided by Parliament;
"public officer" means a person holding or acting in
a public office;
"public services" means, subject to the provision of
subsections (3) and (4), service of the Government of Sierra Leone
in a civil capacity and includes such service in respect of the
Government existing in Sierra Leone prior to the twenty-seventh
day of April, 1961;
"Session" means the sittings of Parliament when it
first meets after the commencement of this Constitution or after
the prorogation or dissolution of Parliament at any time and ending
when Parliament is prorogued or dissolved without having been
prorogued;
"Sierra Leone" means the territory more particularly
described in the First Schedule;
"Statutory Instrument" means any proclamation, regulation,
order, rule or other instrument (not being an Act of Parliament)
having the force of law;
"the Sierra Leone Police" means the Police Force established
under the Police Act, 1964;
"sitting" means a period during which Parliament is
sitting continuously without adjournment including any period
during which Parliament is in committee.
(2) In this Constitution unless a contrary intention appears—
- words importing male persons shall include female persons and
corporations;
- words in the singular shall include the plural, and words in
the plural shall include the singular;
- where a word is defined, other parts of speech and tenses of
that word shall have corresponding meanings;
- words directing or empowering a public officer to do any act
or thing, or otherwise applying to him by the designation of his
office, shall include his successors in office and all his deputies
or all other assistants;
- words directing or empowering a Minister to do an act or thing
or otherwise applying to him, but the designation of his office,
shall include a Minister acting for him, or if the office is vacant
a Minister designated to act in that office by or under the authority
of an Act of Parliament and also his successors in office or all
his deputies or other assistants.
(3) In this Constitution unless otherwise expressly provided "the
public service" includes service in the office of Chief Justice,
a Justice of the Supreme Court, Justice of Appeal, Judge of the
High Court or of the former Supreme Court or in the office of Judge
of any other court established by Parliament being an office the
emoluments attaching to which are paid out of the Consolidated Fund
or any other public fund of Sierra Leone, and service in the office
of a member of the Sierra Leone Police Force.
(4) In this Constitution "the public service" does not
include service in the office of President, Vice-President, Speaker,
Minister, Deputy Minister, Attorney-General and Minister of Justice,
Deputy Speaker, Member of Parliament, or of any member of any Commission
established by this Constitution, or any member of any council,
board, panel, committee or other similar body (whether incorporated
or not) established by or under any law, or in the office of any
Paramount Chief, Chiefdom Councillor or member of a Local Court.
(5) In this Constitution, unless a contrary intention appears—
- a reference to an appointment to any office shall be construed
as including a reference to the appointment of a person to act
in or perform the functions of that office; and
- a reference to the holder of an office by a term designating
his office shall be construed as including a reference to any
person for the time being lawfully acting in or performing the
functions of that office.
(6) Where by this Constitution power is vested in any person or
authority to appoint any person to act in or perform the functions
of any office, if the holder thereof is himself unable to perform
those functions, no such appointment shall be called in question
on the ground that the holder of the office was not unable to perform
those functions.
(7) In this Constitution and in any other law—
- the power to appoint any person to hold or to act in any office
in the public service shall include the power to confirm appointments,
to exercise disciplinary control over persons holding or acting
in such offices and to reappoint or reinstate any person appointed
in exercise of the power in question, unless such power is expressly
or by necessary implication conferred upon some other person or
authority by this Constitution.
- where a power is conferred or a duty is imposed on the holder
of an office as such, the power may be exercised and the duty
shall be performed by the person for the time being charged with
the performance of the functions of his office.
(8) Reference in this Constitution to the power to remove a public
officer from his office shall be construed as including references
to any power conferred by any law to require or permit that officer
to retire from the public service;
Provided that—
- nothing in this subsection shall be construed as conferring
on any person or authority the power ot require a Judge of the
High Court, a Justice of Appeal or a Justice of the Supreme Court,
the Solicitor-General, the Director of Public Prosecutions or
the Auditor-General to retire from the public service; and
- any power conferred by any law to permit a person to retire
from the public service shall, in the case of any public officer
who may be removed from office by some person or authority other
than a Commission, established by this Constitution, be vested
in the Public Service Commission.
(9) In this Constitution, reference to a subsection, paragraph,
sub-paragraph or item shall be construed as reference to a subsection,
paragraph, sub-paragraph or item of the section, subsection, paragraph
or sub-paragraph as the case may be in which the reference is made.
(10) Any provision in this Constitution that vests in any person
or authority the power to remove any public officer from his office
shall be without prejudice to the power of any person or authority
to abolish any office or to any law providing for the compulsory
retirement of public officers generally or any class of public officers
on attaining an age specified by or under that law.
(11) Where any power—
- is conferred by this Constitution to make any order, regulation,
rule or pass any resolution or give any direction or make
any declaration or designation, it shall be deemed to include
the power, exerciseable in like manner and subject to the like
conditions, if any, to amend or revoke any such order, regulation,
rule, constitutional or statutory instrument, resolution, direction,
declaration or designation as the case may be;
Provided that nothing in this subsection shall apply to the power
to issue a certificate conferred by paragraph (b) of subsection
(6) of section 50 of this Constitution.
- is given to any person or authority to do or enforce the doing
of any act or thing, all such powers shall be deemed to be also
given as are necessary to enable that person or authority to do
or enforce the doing of the act or thing.
(12) For the purposes of this Constitution a person shall not be
regarded as holding an office of emolument under the Government
by reason only that he is in receipt of a pension or other like
benefit in respect of service in an office under the government.
(13) No provision of this Constitution that any person or authority
shall not be subject to the direction or control of any other person
or authority in exercising any functions under this Constitution
shall be construed as precluding a Court from exercising jurisdiction
in relation to any question whether the person or authority has
performed those functions in accordance with this Constitution or
any other law.
(14) Where, under any provision of this Constitution, any person
or authority authorised or required to exercise any function after
consultation with some other person or authority, the person or
authority shall not be required to act in accordance with the advice
of that other person or authority, and the question whether such
consultation was made shall not be inquired into in any court.
(15) This Constitution shall be the supreme law of Sierra Leone
and any other law found to be inconsistent with any provision of
this Constitution shall, to the extent of the inconsistency, be
void and of no effect.
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