The Office of the Attorney General and Minister of Justice is locked in a legal battle with the Electoral Commission for Sierra Leone (ECSL) over the vacant Kenema District Council (KDC) Chairman position, following the death of Chairman Mohamed Amadu Sesay on August 6, 2024.
During a court session before Justice Momoh Jah Stevens, Solicitor General Robert Kowa presented the government’s case, noting that the Minister of Local Government and Community Affairs was officially informed of the Chairman’s death on August 15, 2024. Kowa stated that the Attorney General’s office had been consulted for legal advice on the procedure for filling the vacancy.
In his submission, Kowa explained that on August 19, 2024, the Attorney General issued a legal opinion. He highlighted that the Local Government Act of 2022 does not specifically address the scenario of a chairman’s death. However, he argued that Section 15 of the Act stipulates that the deputy should automatically assume the chairman’s position without the need for a by-election, given that both were elected together.
Kowa further emphasized that the previous Local Government Act of 2004 explicitly called for by-elections, but this provision was omitted in the 2022 Act. He contended that the omission was deliberate, suggesting the legislature’s intent to streamline the succession process.
On the other side, ECSL’s lead defense counsel, Emmanuel Saffa Abdulai, argued that a by-election is necessary to fill the vacancy. He referenced Sections 9 and 10 of the Local Government Act, which specify the requirement for a by-election within 90 days in case of a vacancy. Abdulai also cited Section 31 of the Sierra Leone Constitution, underscoring the importance of citizens’ rights to democratically elect their leaders.
The case has been adjourned for further deliberation, as the court will decide whether the deputy chairman will automatically assume the role or if a by-election will be held
