Attorney General and Minister of Justice, Alpha Sesay Esq., has clarified that the proposal seeking the suspension of criminal proceedings against a presidential aspirant one year before elections was not introduced by the government, but was rather a position strongly advocated for by the All People’s Congress (APC) and subsequently captured in the Tripartite Report.
Sesay clarified while responding to criticisms from former Attorney General and Minister of Justice, Joseph Fitzgerald Kamara, who has called for the proposal to be deleted from the draft bill.
According to Sesay, the provision—which suggests that where a presidential candidate is facing criminal proceedings involving the state, such proceedings should be suspended within one year to national elections—was a negotiated outcome of the Tripartite Committee’s work and reflected demands made by the APC during the dialogue process.
“The proposal is in the Tripartite Report because the APC fought for it to be included,” Sesay stated, stressing that it was not an initiative imposed by the government. He added that the government’s role was to faithfully reflect the agreed positions reached during the tripartite consultations aimed at addressing electoral and governance concerns.
Former Attorney General Joseph Fitzgerald Kamara, however, has publicly opposed the provision, arguing that it undermines the rule of law and should be removed entirely from the bill. Kamara maintained that suspending criminal proceedings for any individual seeking elective office could set a dangerous precedent and weaken accountability.
The debate has sparked public discussion around the balance between safeguarding democratic participation and upholding the independence of the justice system. While proponents view the proposal as a mechanism to prevent politically motivated prosecutions during election periods, critics argue that it risks granting undue protection to political actors.
The issue forms part of broader reforms emanating from the Tripartite Committee, which was established to address post-election disputes and strengthen confidence in Sierra Leone’s democratic and legal institutions. As the bill progresses through legislative scrutiny, stakeholders are expected to further engage on the contentious provision and its implications for governance and the rule of law.
