Sierra Leone writer Sylvanus Fornah Koroma (What a Man!) pieced this article together thus – One of the principal tasks of the Tripartite Committee in the Examination of the June 2023 multi-tier elections is to ensure that the said election results are published by notice in the Gazette. It is the function of the National Returning Officer, Mr Konneh, to publish the long-awaited June 2023 multi-tier elections results that he has so far failed to Gazette! The continuous refusal to publish the results is a potential recipe for stalemate in the governance of our country. (Photo: ECSL Chairman Mohamed Kenewui Konneh).

There is so much to write about at this stage of the work of the Tripartite Committee, and we need not allow detractors to move us from the goal that will usher justice to the country’s or nation’s quest for stability. Let us remain focused and ensure the right things are done now by bringing out the facts and law for the needful to be done accordingly. As the name implies, ‘Tripartite’ involves three (3) parties, and for this purpose the 3 parties are:

1. The Government of Sierra Leone
2. The All Peoples Congress (APC) party
3. The Development Partners (International Community). Any attempt to change the composition of the Tripartite would be suspicious and not be accommodated by many. In fact, it would be considered as a deliberate attempt to skew the process and a means to exacerbate confusion in the entire process and a potential to derail the process to an unwarranted confusion in our fragile state, Sierra Leone.

Furthermore, it must be noted that the Tripartite does not include the Sierra Leone People’s Party (SLPP), but only those of its members who are public servants and enjoy directly from the Consolidated Revenue of Fund of Sierra Leone known as the Government. This point is very significant because certain laws bind those who are in Government as they are unique beneficiaries to the consolidated revenue that we generate as state citizens.

For instance, the staff and members of the Electoral Commission of Sierra Leone (ECSL) are public servants who enjoy the consolidated revenue fund in terms of their salaries and other benefits, and the Commissioners’ appointments are made by the President according to section 32 subsection (3) of the 1991 Constitution of Sierra Leone. That said, it behoves the Government to ensure that ECSL and other government institutions that are beneficiaries of the consolidated revenue fund respectfully comply with the examination mandate of the June 2023 elections of the Tripartite Committee. (Photo: Dr Samura Kamara and Maada Bio).

Based on the above, it will not be advisable to subscribe to the comments of anyone who is suggesting that the ECSL must not do what the laws provide for them to do especially regarding the result of the election to be published by notice in the Gazette. This is part of the duties of the National Returning Officer of ECSL, Mr Konneh, and it is mandatory! So, let us not be bothered by any misinformation or misconception of the law even if Dr Gaima, the Minister of Information, and the Chief Minister said they cannot tell ECSL to abide by the laws. The law has to prevail to ensure Justice, and as a progressive nation, we must ensure that the right things are done this time. In law, “to Gazette” refers to the official publication of certain legal notices, regulations, appointments, or announcements in a government gazette or official publication.

The rationale behind gazetting is to ensure transparency, inform the public, and give legal effect to the matters being published. “To publish results of elections” means making the outcome of an election publicly available and officially recognized. This typically includes announcing the winners of various positions, sharing the number of votes received by each candidate, and providing details about voter turnout and any relevant statistics including polling stations by polling stations information as tallied and computed. Publishing election results promotes transparency, allows for scrutiny and verification of the electoral process by employing the use of the Result Reconciliation Forms (RRF), and ensures that the public is informed about the outcome of the elections.

THE LAW

The National Returning Officer, Mr. Konneh, has so far not provided any reason for his refusal to cause the result of the June 2023 elections to be published by notice in the Gazette. However, there are a plethora of laws that provide for the National Returning Officer and ECSL to comply with the law. For instance, under the functions of the Commission in section 7 subsection (1) paragraphs (g) and (h) of the Public Elections Act 2022 (PEA 2022) state: “7(1): The object of the Commission is to perform the following functions, in accordance with section 33 of the Constitution – (g) the promotion of sound democratic election processes; and (h) such other functions may be provided for by the Constitution, this Act or any other enactment.” In line with its function, the ECSL in section 32 subsection (11) of the 1991 Constitution of Sierra Leone also provides: “In the exercise of any functions vested in it by this Constitution, the Electoral Commission shall not be subject to the direction or control of anyone.