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25th May 2018

APC's Dual Citizenship Trash was Foreseen by the Late SLPP Leader Tejan Kabbah!

By Abu Shaw in London (16/01/18)

The Organiser newspaper editor is not a fan of the late President Kabbah due to his SLPP government's unjust persecutions of the innocent in 1998.

 

Nevertheless, the late President Ahmad Tejan Kabbah's 2006 Citizens' Right Amendment Act of Parliament that overides the 1976 Constitution on Citizens' Right, will continue to be a political masterstroke enough to break in to pieces the APC government's nefarious agenda on dual citizenship. (Photo: Tejan Kabbah versus Ernest Koroma on dual citizenship).

This 2006 Amendment Act which also overide the 1991 Constitution regarding citizens' rights, is the legislation that confuses most Sierra Leoneans at home who are blindly campaigning with the ruling APC government to stealthily introduce the barring of fellow compatriots with dual citizenship from vying for any political office in Sierra Leone.

This clandestine machinations came to light recently after the ruling APC government implemented an obnoxious dual citizenship campaign against Diasporans who wanted APC symbols to contest for parliament, councillors etc. "We are very disappointed that our party refused us symbols to contest just because we have dual citizenship," angry APC supporters complained.

If reports intimating that the APC government is planning to role out this chaotic dual citizenship campaign to the entire political climate in the country are true, then disaster will surely loom as Sierra Leoneans with dual citizenship will not sit on oars to allow the APC to manipulate the constitution for their own selfish gains. But thanks to President Kabbah, of blessed memory, who foresaw this problem and credit to him and his patriotic team, the 2006 Act was born to protect Diasporans with dual citizenship interested in public office in their motherland.

The Constitution of any country can be amended as and when parliamentarians think it wise to do so based on judicial jurisdiction in the interest of all citizens. A constitution is virtually impossible to change in its entirety in one go, but any amended Act passed in to law by parliament will naturally replace or supercede or override the previous law in the constitution.

Just like the 1991 Constitution that overide many of the legislations drafted in the 1976 Constitution and before that, so also will the 2006 Amendment Act of parliament on Citizens' Rights replace the Citizens' Rights Act drafted in the 1991 Constitution. This is the legal point most daft compatriots, especially the homebased APC educated fools, are failing to grasp.

Late President Kabbah, was a Diasporan himself before he assumed State House in 1996 under the SLPP government. What a genius of him to have led a cross party parliament to legislate the 2006 Citizens' Rights Amendment law in the Sierra Leone Constitution. See the legislations below since 1973 and judge for yourself:

In PART II of the 1973 Citizenship Act, Sections 2 and 3 talk about Citizenship by birth and Citizenship by birth in Sierra Leone, respectively:

2. Citizenship by birth. Every person who, having been born in Sierra Leone before the nineteenth day of April, 1971, or was resident in Sierra Leone on the eighteenth day of April, 1971, and NOT THE SUBJECT OF ANY OTHER STATE shall, on The nineteenth day of April, 1971, be deemed to be a citizen of Sierra Leone by birth.

3. Citizenship by birth in Sierra Leone. Every person born in Sierra Leone on or after the nineteenth day of April, 1971, in the circumstances set out in Section 2, shall be deemed to be a citizen of Sierra Leone by birth.

In the 1973 Act, to hold the citizenship of another State or Country was to lose your Sierra Leonean citizenship. This did not go well with many Sierra Leoneans living abroad. After a good deal of lobbying by many Sierra Leoneans living abroad, the government of Alhaji Ahmed Tejan Kabbah was convinced to pass the Sierra Leone Citizenship (Amendment) Act in 2006. President Ahmed Tejan Kabbah signed the Act into law on the 26th day of October, 2006. Section 10 of the Act reads:

A citizen of Sierra Leone may hold a citizenship of another country in addition to his citizenship of Sierra Leone. The 2006 Act offers the right to Sierra Leoneans to take the citizenship of another country without losing their Sierra Leonean citizenship as was the case in the 1973 Citizenship Act.

The 2006 Act obviously replaced the obnoxious Section 76 below that has a disqualification proviso for dual citizens: 76(1) No person shall be qualified for election as a Member of Parliament -

(a) If he is a naturalised citizen of Sierra Leone or is a citizen of a country, other than Sierra Leone having become such a citizen voluntarily or, is under a declaration of allegiance to such a country.

This provision effectively blocks the possibility of a dual citizen being elected as a Member of Parliament or being appointed a Minister or Deputy Minister. According to Section 56, subsection 2 (a), A person shall not be appointed a Minister or Deputy Minister unless, (a) He is qualified to be elected as a Member of Parliament;

This certainly means that all the Members of Parliament and Ministers, Deputy Ministers, Ambassadors etc. in the APC government who carried dual citizenships were not qualified, by law, to hold those positions. Has the APC government shot themselves in the foot?

The fact that the 2006 Act does offer the right to Sierra Leoneans to take the citizenship of another country without losing their Sierra Leonean citizenship as was the case in the 1973 Citizenship Act, it shows that dual citizenship holders have the same rights as those without dual citizenship in the eyes of the Sierra Leone Constitution. Simple.

Lets concentrate on this particular sentence. It explains everything: 'The 2006 Act does offer the right to Sierra Leoneans to take the citizenship of another country without losing their Sierra Leonean citizenship'.

The phrase 'Without Losing Their Sierra Leonean Citizenship' clearly explains all the legality why dual citizens have the same rights as their homebased compatriots in Sierra Leone. For Doubting Thomases to exploit non-existent legal loopholes to bar Sierra Leoneans with dual citizenship from public office is ridiculously unjust, disrespectful, selfish and cruel.

One does not need to read LAW to understand these basic fundamentals of our consitution and how the 2006 Amendment Act legally replaced all the corresponding Citizenship Acts of the constitution. The LAW is an arse, but not this time compatriots.

THE CONSTITUTION IS NOT THE BIBLE OR QURAN THAT CANNOT BE AMENDED AS LONG AS IT IS DONE WITHIN THE PURVIEW OF LAW IN THE INTERESTS OF THE COUNTRY AND PEOPLES.

TRIBUTE: ALPHA SHAW


1958 -1980

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