The Executive Director of Center for Accountability and Rule of Law-Lawyer Ibrahim Tommy has cautioned Sierra Leone’s Human Rights Commission not to interfere with the Constitutional mandate of the National Electoral Commission (NEC).
Unlike the Human Rights Commission, Lawyer Tommy said the NEC was created by the Constitution of Sierra Leone to carry out their prescribed responsibilities, saying, “it is not bad for the Human Rights Commission to state a position on an important human rights issue but it shouldn’t be seen as attempting to interfere with the work of the Commission.”
It could be recalled that the Human Rights Commission in their press release dated 28th March 2018 called on the NEC to fully adhere to the High Court ruling of 26th March.
“The Commission believes that if the directives in the High Court ruling and the Public Elections Act of 2012 are fully implemented, it will enhance the transparency and credibility of the NEC and further prevents cancellations and nullifications of the votes of peace loving Sierra Leoneans.”
But CARL’s Executive Director queried, “where does the Human Rights Commission derive such powers” to compel or call on the NEC to implement “any order” if NEC feels it is inconsistent with the law (Public Elections Act or 1991 Constitution).
In a telephone phone interview with the head of Edrina Chambers-Lawyer Pa Momo Fofana, “they are being hypocrites.” He noted that, “it is sacrosanct that the High Court lacks unlimited jurisdiction to hear and sit on the matter filed by Lawyer Ibrahim Sorie Koroma through his lawyer-Lansana Dumbuya.”
According to Lawyer Ibrahim Sorie Koroma, “I have no string attached to my action. I wanted to do justice to the people of Sierra Leone.”
Lawyer Tommy further insisted that, “all orders must reflect the laws of the country.” He that the job of the court is to interpret the law and not to amend it, adding “no Court has the power to ammend an Act of Parliament.
He questioned, “where have they (Human Rights Commission) been? I can’t still understand their position.”
Mr. Tommy still believes that any law that is not consistent with the Constitution is “null and void.”
Asked whether it should be complied with, “all orders should be respected but it is a matter for NEC to decide what they plan to do.”
NEC Director of Media and External Relations-Albert Massaquoi has stated that they respected the decision of the High Court but will not comply to any law contrary to the Public Elections. The Chairman of NEC-N’fa Ali Conteh says they are readily available to conduct an election that is reflective of the will of the general majority.
by Global Africa News Correspondent