The abuse of state resources by the ruling party for electoral purposes was noted by EU EOM observers. The President started campaigning early, using the inauguration of government projects to promote his achievements and agenda. In 50 percent of SLPP campaign events visited, the EU EOM noted the misuse of government vehicles, while in 32 percent of rallies, ministers were canvassing for votes. Official websites and social media accounts of ministries and the presidency were also used for campaign purposes. Paramount and other Chiefs, as public officials bound to be neutral, were seen actively campaigning for the SLPP in Tonkolili, Kambia, and Pujehun districts. Campaigning by state officials blurred the line between governing and campaigning and gave an undue advantage to the ruling party contrary to regional and international good practice. – EU EOM FINAL REPORT

According to EU EOM interlocutors, the police were generally seen as biased. It is acknowledged though that in several districts they also attempted to accommodate the interests and concerns of both main parties. The EU EOM observers reported a widespread perception that investigations about violent attacks against APC candidates and activists often were not sufficient to ensure victims’ right to effective remedies and a conducive campaign environment, particularly in the southern and eastern districts. The security situation in certain areas of the country, especially in the south and southeast, hampered a level playing field during the campaign between the two main political parties. – EU EOM FINAL REPORT.

The EU reports state that there was a complete lack of transparency from ECSL in Tabulating the results. And despite several calls from observers, ECSL is reluctant to publish the disaggregated election results. And that has continued to create doubt in the June 24 2023 elections. Nevertheless, shortcomings previously identified persist, with important aspects of the process still not aligned with international standards. Notably, restrictions on the right to stand, such as the ban of independent candidates for presidential office and the requirement for civil servants to resign 12 months before elections for both presidential and parliamentary races, are unreasonably restrictive. Furthermore, campaign finance is not adequately regulated to ensure transparency and a level playing field, and the electoral dispute resolution mechanisms do not always provide timely remedies. Reforms are needed to guarantee full inclusion, transparency, and legal predictability. – EU EOM FINAL REPORT

RESULTS AND POST-ELECTION ENVIRONMENT

Threats against credible civil society organisations and statistical inconsistencies in results data compromised the democratic process. Publication of results – According to the results, as announced by the ECSL, President Julius Maada Bio of the SLPP secured his second term with 56.17 of the valid votes, thereby meeting the constitutional 55 percent threshold for the first round. The APC’s presidential candidate got 41.16 percent, whereas the other 11 candidates together accumulated to 2.67 percent of the valid votes. The parliamentary results allocated to the SLPP 81 seats (60 percent) and to the APC 54 seats (40 percent), out of the directly elected 135 seats.110 No other party or independent candidate surpassed an 11.9 percent threshold to enter the legislative chamber. The results, released at various stages of the process, showed several mathematical impossibilities. For example, for the presidential election, the results data of the first batch (representing 60 percent of polling stations) released by the ECSL for the Kailahun district indicated that in 407 polling stations, 153,668 votes were cast. This is mathematically improbable, even if all the biggest polling stations of the district were taken into account. (Photo: EU presented Report to Maada Bio).

There were also mathematically improbable results in the first batch from Bo and Bonthe district. The statistical inconsistencies between the first and second batch of presidential results included notable discrepancies in the number of average valid votes per polling station varying from a decrease of 75 percent in Karene to an increase of 31 percent in Kono. There were also very high turnouts exceeding 95 percent in three districts and 90 percent in further two districts, as well as a strikingly low number of invalid votes nationwide of just 0.4 percent, significantly lower than in previous elections

When comparing the turnout between parliamentary and presidential elections, further statistical inconsistencies become apparent Four districts (Falaba, Bo, Bonthe, and Moyamba) registered a parliamentary turnout that was substantially lower than for the presidential elections, with a decrease ranging from 13.7 percent points to 23.9 percent points. Sharp parliamentary turnout increases as compared to the presidential turnout were registered in Western Urban and Western Rural, by some 14 percentage points, bringing the turnout in Western Rural to the highly improbable level of 98.5 percent. Also, Pujehun (south) had an increase of 5.5 percent points, bringing the turnout to 97.9 percent, also questionable. The highly improbable turnout figures and the statistical inconsistencies between the two races, compounded by a very low number of invalid votes, further increased the doubts among stakeholders and the public about the credibility of the results as announced by the ECSL.

The SLPP won 4 mayoral seats and 8 local chairpersons, while the APC gained 3 mayorship, including Freetown, and 7 local chairpersons. [10/10, 21:41] +44 7507 859990: ECSL commissioners are appointed by the President upon consultation with the leaders of all political parties and subject to parliamentary approval. The appointment procedure has always been criticised by whichever parties are in the opposition for impeding on the ECSL’s institutional independence. The lack of formal structures of consultations, along with questions over the parliamentary process, 16 does not guarantee inclusivity, which in turn negatively affects trust in the ECSL and perception of its institutional independence.17 Eligibility criteria for the position of ECSL commissioner include “proven integrity,” but do not provide for any merit-based criteria.18 Positively, the 2022 revision of the PEA provided a higher standard for the President’s authority to remove a commissioner from office by replacing the term “misbehaviour” with “gross misconduct” to mitigate potential misuse. However, the previous terminology of misbehaviour” remains in the Constitution, which takes precedence over the PEA. 19 There is no specific mechanisms to appeal such dismissal.

RECOMMENDATION: Establish an inclusive appointment process for ECSL commissioners including formalised consultations. Considerations could be given to introducing criteria and measures to ensure equal and merit-based access to the election administration. Most stakeholders expressed confidence in the ECSL’s operational capacity. The organisational structure of the ECSL is suitable to fulfill its mandate, with an administrative secretariat coordinating the activities of fifteen specialised departments.20 During the election period, the 17 District Election Offices are complemented by 5 regional tally centres. Perception of the impartiality of the ECSL was highly polarised along the political divide. The SLPP expressed trust in the ECSL, while the APC perceived the ECSL as biased, with rising criticism as election day approached. Nearly all stakeholders expressed concern about governmental influence over staff appointments among public institutions. The ECSL was not exempt from such criticism. Here are some additional details on the problematic areas in the EU EOM report:

Lack of Transparency

– The final voter register per polling station was not published, preventing verification of results. Voters could also not correct errors in their details like names or dates of birth.

– The ECSL did not explain the procurement process or problems with voter ID cards. It undermined confidence when cards had missing or poor-quality pictures.

– The ECSL did not share plans for the retrieval of election materials or tallying procedures with observers. This limited the ability to observe key stages like district intake of materials.

– No progressive release of tabulated results from polling stations at tally centers. Reasons for excluding results are also not given.

Violence and Intimidation

– 17 violent attacks were confirmed during the campaign, including the burning of the APC office, assaults on officials, and attacks on properties.

– Excess forces deployed without cause in several cities before polls. Over 150 persons were arrested without due process.

– NEW’s parallel vote tabulation showing a potential runoff led to disinformation campaigns and threats forcing their leadership into exile.

Statistical Inconsistencies

– Implausibly high number of votes reported from some districts compared to the maximum possible voters.

– Sharp variations in valid votes per polling station between different result batches.

– Turnout differences of up to 23 percentage points between presidential and parliamentary races per district.

Misuse of State Resources

– Ruling party used government vehicles, funds, websites, and officials like ministers for campaigning without oversight.

– Public TV SLBC gave 90% of coverage to the president and SLPP – clear bias.

Lack of Effective Remedies

– Objections to candidate registrations dismissed without possibility of appeal before polls.

– Critical cases on voter register and ECSL not heard before polls due to lack of expedited procedures.

– No provisions allowing challenges to first-round presidential results in case of a runoff.