CAN petitions President Bio to withhold assent from constitutional amendment bill

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Freetown — The Citizens Advocacy Network (CAN) has formally petitioned President Julius Maada Bio to withhold assent from the Constitution of Sierra Leone (Amendment) Bill, 2025, arguing that Parliament failed to secure the constitutionally required two-thirds majority for its passage.

The Bill was passed by Parliament on 10 August 2026 following a walkout by opposition All People’s Congress (APC) Members of Parliament, who withdrew from the proceedings after a disagreement over the voting threshold.

In the petition delivered to the Office of the President on 24 August 2026, CAN Executive Director Thomas Moore Conteh urged President Bio to “refrain from assenting to the Bill unless and until it has been satisfactorily demonstrated that the requirements prescribed by section 108(2)(b) of the Constitution were complied with” at both the second and third readings.

At the heart of the dispute is Section 108(2)(b) of the 1991 Constitution, which requires that a constitutional amendment Bill be supported on the second and third readings by “not less than two-thirds of the Members of Parliament”. CAN argues this means two-thirds of the total parliamentary membership, not merely those present and voting. With 149 MPs, the required threshold would be 100 affirmative votes.

“The framers therefore used materially different language for ordinary parliamentary decisions and for the alteration of the Constitution,” CAN states in its petition, pointing to a distinction previously made by the Speaker during proceedings concerning the removal of the Auditor-General.

CAN’s petition references similar concerns raised by the All Peoples Congress, which has formally distanced itself from the Bill’s passage, describing the Speaker’s ruling as “inconsistent with Section 108(2)(b) of the 1991 Constitution”. In a statement signed by National Secretary General Lansana Dumbuya, the APC noted that with 149 Members, “at least 100 affirmative votes were required.” The party stated that its MPs withdrew from proceedings “rather than lend legitimacy to the process”.

The petition also notes that the Lawyers’ Society of Sierra Leone has raised concerns, stating in a press release that it is “deeply concerned” Parliament passed the amendment “without meeting the express requirement in Section 108(2)(b)”. “Allowing a constitutional amendment to pass without the constitutionally required majority would set a dangerous precedent,” the Lawyers’ Society warned.

CAN has requested that President Bio obtain certified parliamentary records showing the affirmative votes recorded at both readings before considering assent, and has urged the President to refer the matter to the Supreme Court under Section 122 of the Constitution should a dispute remain regarding interpretation.

In a press statement issued on 25 August 2026, CAN also clarified that the peaceful procession scheduled for 26 August has been placed on hold following a response from the Sierra Leone Police indicating the proposed procession would not be permitted to proceed. CAN stated it is reviewing lawful remedies and has instructed its legal team to examine the Police response, adding that the procession was placed on hold “solely in the interest of the safety of participants”.

The Sierra Leone Labour Congress has separately appealed to President Bio to withhold assent, citing “widespread public resentment” over the Bill’s provisions and arguing that position papers submitted by civil society were not adequately considered during deliberations.

Copies of CAN’s petition were sent to the Speaker of Parliament, the Attorney-General, the Human Rights Commission, diplomatic missions and civil society leaders.

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