September 6, 2021
By: Francis F.M.Harding
The Supreme Court of Sierra Leone has on the 3rd August, 2021 at the Law Court building in Freetown passed judgment on the dual citizenship saga of the Presidential candidate and Member of Parliament Hon. Dr. Kandeh Kolleh Yumkella of the National Grand Coalition (NGC), also an elected MP of Constituency 062, Samu chiefdom in Kambia district.
The matter was presided over by Honorable Justice Brown Marke JSC, Honorable Justice E.E. Robert JSC, Honorable Justice G. Thompson JSC, Honorable Justice A. Sesay JSC and Honorable Justice Sengu M. Koroma JSC.
It could be recalled in the wake of the Sierra Leone elections in 2018, the All People’s Congress announced that individuals who hold dual citizenship are not qualified to contest political positions. A parliamentary contestant David Fornah of the APC then challenges the eligibility of Alhaji Dr. Yumkella for his candidature in Constituency 062 in Samu chiefdom Kambia district and as Presidential aspirant of National Grand Coalition (NGC). He filed a petition in the Supreme Court of Sierra Leone on the 5th February, 2018 against Dr. Yumkella as first defendant, Attorney-General and Minister of Justice as 2nd defendant, Commissioner of the National Electoral Commission, Mohamed N’fa Alie Conteh as 3rd defendant and NEC as 4th defendant.
According to Fornah, Yumkella failed to follow the requirement contained in Act of 1976 to resume his citizenship by writing officially to the Minister of Internal Affairs.
The matter was taken to the Supreme Court for legal interpretation of the Constitution and ruling, to ascertain whether Dr. Kandeh Kolleh Yumkella with registration card number 2282101 is a dual citizen of Sierra Leone and the United States of America which is a contravention of section 76 (1a) of the 1991 Constitution of Sierra Leone Act No.6 of 1991
Delivering his judgment, the presiding judge Justice Brown Marke said the issue of dual citizenship in this country has become a public interest.
He added that Hon. Dr. Kandeh Kolleh Yumkella was qualified in 2018 to contest as Member of Parliament and is a citizen of Sierra Leone and doesn’t carry a dual nationality, as he has denounced his United States citizenship on the 22nd November, 2017.
In delivering his judgment, Justice E.E. Robert said that the originating motion was filed by the plaintiff in this action David Fornah dated 5th February, 2018 for the interpretation of section 41, 75 and 76 of the Constitution of Sierra Leone Act No. 6 of 1991. Justice Robert said there were two applications before the court, and that the plaintiff`s argument is that before the passing of the amendment Act 2006 Dr. Yumkella has gained U,S citizenship and he find this egregious. Justice Robert further said Dr. Yumkella became compliant with all the provision of the National Constitution of 1991 and the laws of Sierra Leone and eligibility to vote and elected to hold public political office including a Member of Parliament. He revealed that he had renounced his citizenship which fully qualified him to represent the people of Samu chiefdom in the Kambia district and to contest for the position of a president of Sierra Leone.
In another judgment, Justice G. Thompson said with the exception of section 47 of the Public Election Act 2012 is consistent with 126 of the 1991 Constitution and the necessity of acceding to the request of a certain candidate to make a declaration in Court. She continued to say she is grateful to the adopted the judgment as there is a conflict between the Public Election Act 2012 and the 1991 Constitution of Sierra Leone and the Court is there to clarify issues. Justice Thompson said she is dissatisfied with Section 47 subsections 3 of the Public Election Act 2012 and the 1991 Constitution of Sierra Leone.
She admonishes that parliament must take into cognizant the relevant provision of the Constitution when enacting the Public Election Act 2012 and the provisions of the Public Election Act 2012 as it does not require the court to do anything that is contrary to the Constitution of Sierra Leone.
Justice Thompson said section 47 of the Public Election Act 2012 deals with the nomination of presidential candidates’, while section 47 subsection 3 talks about the objection of the presidential candidates which shall be heard by the Supreme Court.
In his judgment, Justice A. Sesay said section 127 of the 1991 Constitution gives the jurisdiction of the Supreme Court to interpret the statute. He continued that during the course of the proceedings the plaintiff discontinued the entire action against the defendant as this was clear and unacceptable in a democracy.
He said such act undermines democracy and good governance and a recipe for chaos. He added the plaintiff forcefully asked the court to interpret section 41, 45 and 76 of the 1991 Constitution of Sierra Leone and such has been done.