The Incontrovertible Attributes of the “Election Systems and Management Review Committee” (ESMRC) – otherwise referred to as the Tripartite Committee. Resolved under: Resolution 3 (R3) of the “Inter-party Dialogue for National Unity incorporated the word “review”.  In defining the mandate of the ESMRC/TC, the said R3 purposefully used the phraseology” …to investigate…..” Looking at the employment of the two words “review” and “investigate” in the lense of the notion of “Constructive Ambiguities” in drafting international treaties relative to intra and or international disputes, it informs that; the draftsman of the relevant “Communique” was deliberate in the applications of the words.  (Photo: APC Co-Chair on the Tripartite Committee Dr Keifala Marah, left, and Dr Emmanuel Gaima, SLPP Co-Chair).

In that, there was, inter alia; certainty in his mind regarding the fundamental functions of the TC as intended by the Parties to the Agreement namely, The Government of Sierra Leone cum the SLPP, the APC (Party) and the International Community (IC) and; the legitimate expectations of the citizens up and down the Sovereign Territory of Sierra Leone and in the Diasporas that, the term “review” is, devoid of any ambiguity, qualified by the subsequent utility of the phraseology” ….to investigate” which;  unequivocally ascertains the mandate of the TC.

In according meanings to the term and phraseology, it is cardinal that, the text of the communique MUST be read as a whole in order to discover the reasonable “intent” of the Parties to the Agreement for National Unity – the (agreement). It has to be established here that, the most reasonable way to discover the reasonable “intention” of the Parties in both the narrower and broader scope of the Agreement, is to employ the “Purposive” rule of “Statutory Interpretation” and NOT the “Literal” rule; where ambiguity, absurdity, distortion, and redundancy of the reasonable “intention” is to be avoided.  Based on this trajectory, the incontrovertible attributes of the ESMRC/TC is couched under the following reasoning:

1. It has mandate to “review” by-way of “investigating” the widely claimed rigged Multi-tier Elections of the 24th. June, 2023.

2. Its “legal” basis is drawn from the process of “Meditation” – an internationally accepted and widely utilised process under Private and Public International Law domains, in resolving intra-as well as inter-party disputes pursuant to the alternative Disputes Resolution Mechanism (ADRM).

3. It is empowered to summon witnesses consequential to the mandated investigative process.

4. In that regard, the status of witnesses may be individual personality and or body corporate personality including a person, public and or private institutions which conducts its affairs in public elections processes and systems.

5. The TC’s mandate is limited by a specific period of time – 6 months to investigate and promulgate its findings and recommendation.

6. The APC (Party) is a constitutionally and legally constituted Political Party in Sierra Leone and, participated at all level of the electable Offices for the 24th June, 2023 Multi-tier Elections.

7. That the APC vehemently rejected the 24. June, 2023 elections results in its entirety; as announced and declared by the ECSL and its Chief-Electoral Commissioner and National Returning Officer, Mohamed Kenewui Konneh.

8. That position of the APC (Party) ensured that; none of its elected Members of Parliament (MPs) and Local Government Councillors; District Chairpersons, and Mayors abstained from taking their seats in those Public Offices.

9. The TC does not conflict with and or usurped the “inherent Supremacy” of the Constitutional of Sierra Leone ( No. 6 of) (as amended) 1991.

10. Ideally; it is essential to shut down all avenues of speculations about the TC’s findings and recommendations, and, how it would resonate with the legitimate expectations of Sierra Leoneans at home and in the Diaspora.