The People’s Movement Democratic Change (PMDC), led by Charles Margai, has filed a case in the Supreme Court of Sierra Leone against the Electoral Commission of Sierra Leone (ECSL).
The PMDC is seeking various declarations under the jurisdiction of the Supreme Court, citing violations of constitutional and electoral laws.
The case, filed under the constitutional instrument and electoral acts, aims to address several issues related to the upcoming elections scheduled for June 24, 2023. The PMDC’s application for relief includes the following points:
▪️Challenging the appointment of Mohamed Konneh as Chief Electoral Commissioner of ECSL, arguing that the appointment violates constitutional provisions.
▪️ Asserting that the failure to publish candidate nomination deadlines in the Gazette effectively disenfranchises voters, as intending candidates are unaware of the timeline, contrary to the Public Elections Act.
▪️ Questioning the fairness, credibility, and transparency of the electoral process due to the unreliable “Portal System” introduced by ECSL. The PMDC highlights multiple system breakdowns reported to the commission.
▪️ Insisting that sections 154 and 155 of the Public Elections Act are mandatory and not discretionary, urging strict compliance from the ECSL. The failure to allot campaign dates to presidential candidates may deprive them of launching effective campaigns to gain voter support.
▪️ Additionally, the PMDC calls for fundamental rights cases pending in the Supreme Court to be heard by five substantive Supreme Court Justices, challenging any hearings conducted otherwise as unconstitutional and decisions reached as null and void.
Furthermore, the PMDC urges an appraisal of the electoral process conducted by ECSL, deeming it unsatisfactory and potentially unsafe for the scheduled June 24 elections.
The plaintiffs, represented by Patrick John and Tony H.B. Songa, have provided affidavits in support of their application. Charles Margai, as a Sierra Leonean citizen, registered voter, and concerned individual, brings the action, while the PMDC represents one of the thirteen political parties contesting the general elections.
The plaintiffs’ address for service is C/o their solicitors, C.F. Margai & Associates, located at Banta Chambers, 46 Rawdon Street, Freetown, Sierra Leone.