Sierra Leone’s Parliament has passed the Constitution of Sierra Leone (Amendment) Act, 2025 into law by a simple majority, following voice and head counts in the chamber.
The passage came after lawmakers from the main opposition All People’s Congress (APC) walked out of Parliament over procedural concerns surrounding the constitutional amendment process.
Only two opposition MPs, Hon. Mohamed Bangura and Hon. Alfred Ayodele Thompson, remained in the chamber and participated in the subsequent proceedings.
The dispute centres on the constitutional voting threshold required when Parliament considers legislation seeking to alter the Constitution.
Section 108(2)(b) of Sierra Leone’s 1991 Constitution provides that a Bill seeking to alter the Constitution shall not be passed unless it is supported at its second and third readings by the votes of not less than two-thirds of Members of Parliament.
Parliament’s Standing Order 44(3) similarly provides for a two-thirds majority of all Members of the House at the second and third readings of a Bill seeking to alter the Constitution.
With 149 Members of Parliament, two-thirds amounts to 99.33, meaning 100 votes would be required to meet that threshold.
Before the walkout, Hon. Abdul Kargbo, Minority Leader of Parliament, challenged the process and said the APC could not participate in proceedings that, in its view, did not meet the constitutional requirements.
“Mr Speaker, I respect your office, but we on this side will not be part of an agreement that does not reflect the will of the majority. Posterity will judge us,” Mr Kargbo said.
He then called on his colleagues to leave the chamber.
He added: “96 Honourable Members of Parliament are seeking to amend a document that is to be amended by 100 Members of Parliament. So, we on this side cannot be a party to that.”
Speaker of Parliament Hon. Segepoh Solomon Thomas ruled that the votes being taken on the individual provisions of the Bill could be decided by a simple majority under Section 91(1) of the Constitution.
Section 91(1) provides that, except where the Constitution provides otherwise, questions before Parliament are determined by a majority of members present and voting.
The Speaker has said he will seek the opinion of the Supreme Court on the constitutional question arising from the proceedings, including the relationship between Section 91(1) and the provisions governing constitutional amendments.
The issue is significant because Section 108 specifically establishes a two-thirds requirement for the second and third readings of a Bill seeking to alter the Constitution.
The dispute therefore centres not simply on whether Parliament can ordinarily decide questions by a simple majority, but on whether that general rule can be applied to votes taken during the consideration of a constitutional amendment Bill where Section 108 sets a specific threshold.
There is also a further constitutional question concerning the substance of the amendments.
The Bill proposes changes to provisions of the Constitution, including provisions relating to the electoral system and presidential elections. Some of the provisions being amended may fall within the entrenched provisions protected by Section 108(3), which can require a national referendum in addition to parliamentary approval.
The passage of the Act therefore does not end the constitutional questions surrounding the process.
The parliamentary sitting was adjourned until 29 October.
The dispute over the interpretation of the Constitution and the procedure followed in passing the amendment is likely to remain a major issue as Sierra Leone moves towards implementing the proposed electoral reforms.
