Sierra Leone 1991 (reinst. 1996, rev. 2008)

1

1. The Flag of which the design is described in paragraph (b) hereof is hereby declared to be the National Flag of Sierra Leone.
2. The design of the Flag shall be from the top of the Flag to the bottom thereof, three horizontal stripes of green, white and blue.
3. The normal size of the Flag for official use shall be in the proportion of nine units across to six units down.

40. Office of President

1. Designation of commander in chief
   There shall be a President of the Republic of Sierra Leone who shall be Head of State, the supreme executive authority of the Republic and Commander-in-Chief of the Armed Forces.
2. The President shall be the Fountain of Honour and Justice and the symbol of national unity and sovereignty.
3. International law
   The President shall be the guardian of the Constitution and the guarantor of national independence and territorial integrity, and shall ensure respect for treaties and international agreements.
4. Head of state powers
   Notwithstanding any provisions of this Constitution or any other law to the contrary, the President shall, without prejudice to any such law as may for the time being be adopted by Parliament, be responsible, in addition to the functions conferred upon him in the Constitution, for—
   1. all constitutional matters concerning legislation;
   2. Foreign affairs representative
      relations with Foreign States;
   3. Foreign affairs representative
      the reception of envoys accreditted to Sierra Leone and the appointment of principal representatives of Sierra Leone abroad;
   4. Treaty ratification
      the execution of treaties, agreements or conventions in the name of Sierra Leone;
   5. Power to pardon
      the exercise of the Prerogative of Mercy;
   6. the grant of Honours and Awards;
   7. Power to declare/approve war
      the declaration of war; and
   8. such other matters as may be referred to the President by Parliament:

   Provided that any Treaty, Agreement or Convention executed by or under the authority of the President which relates to any matter within the legislative competence of Parliament, or which in any way alters the law of Sierra Leone or imposes any charge on, or authorises any expenditure out of, the Consolidated Fund or any other fund of Sierra Leone, and any declaration of war made by the President shall be subject to ratification by Parliament—

   1. by an enactment of Parliament; or
   2. by a resolution supported by the votes of not less than one-half of the Members of Parliament.

41. Qualifications for Office of President

42. Election of President

1. A Presidential candidate shall be nominated by a political party.
2. The following provisions shall apply to an election to the office of President—
   1. all persons registered in Sierra Leone as voters for the purposes of election to Parliament shall be entitled to vote in the election;
   2. Scheduling of elections
      the poll shall be taken by a secret ballot on such day or days, at such time, and in such manner as may be prescribed by or under an Act of Parliament;
   3. a candidate for an election to the office of President shall be deemed to have been duly elected to such office where he is the only candidate nominated for the election after the close of nomination;
   4. where in an election to the office of President a candidate nominated for the election dies, is incapacitated or disqualified, the party which nominated him shall within seven days of such death, incapacitation or disqualification, nominate another candidate;
   5. no person shall be elected as President of Sierra Leone unless at the Presidential election he has polled not less than fifty-five per cent of the valid votes in his favour; and
   6. in default of a candidate being duly elected under paragraph (e), the two candidates with the highest number or numbers of votes shall go forward to a second election which shall be held within fourteen days of the announcement of the result of the previous election, and the candidate polling the higher number of votes cast in his favour shall be declared President.
3. A person elected to the office of President under this section shall assume that office on the day upon which he is declared elected by the Returning Officer, or upon the date that his predecessor’s term of office expires, whichever is the latter.

43. Period during which Presidential election shall take place

44. Parliament to make laws for election of President

45. Presidential Returning Officer

1. The Chief Electoral Commissioner shall be the Returning Officer for the election of a President.
2. Any question which may arise as to whether—
   1. any provision of this Constitution or any law relating to the election of a President under sections 42 and 43 of this Constitution has been complied with; or
   2. any person has been validly elected as President under section 42 of this Constitution or any other law,

   shall be referred to and determined by the Supreme Court.

46. Tenure of office of President, etc

1. Head of state term length, Head of state term limits
   No person shall hold office as President for more than two terms of five years each whether or not the terms are consecutive.
2. Any person who is elected President while he is, or has been elected a Member of Parliament shall, on assuming office as President, cease to be an elected Member of Parliament and his seat shall be declared vacant.
3. The President shall not, while he continues in office as President, hold any other office of profit or emolument in the service of Sierra Leone or occupy any other position carrying the right to remuneration for rendering services.
4. Upon his assumption of office, the President shall take and subscribe the oath for the due execution of his office as set out in the Second Schedule to this Constitution. [FN: Second Schedule.]
5. The oath aforesaid shall be administered by the Chief Justice of Sierra Leone or the person for the time being appointed to exercise the functions of the Chief Justice.

47. President in Parliament

48. Incidents of office, etc

1. The President shall receive such salary and allowances as may be prescribed by Parliament and such salary and allowances payable to the President are hereby charged on the Consolidated Fund.
2. The salary and allowances of the President shall not be altered to his disadvantage during his tenure of office.
3. The President shall be exempted from personal taxation.
4. While any person holds or performs the functions of the office of President, no civil or criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official or private capacity
5. The President shall be entitled to such pension and retiring benefits as shall be prescribed by Parliament.

49. Vacancy in office of President

1. The office of President shall become vacant—
   1. on the expiration of any of the terms prescribed in subsection (1) of section 46 of this Constitution; or
   2. where the incumbent dies or resigns or retires from that office; or
   3. where the incumbent ceases to hold that office in pursuance of section 50 or 51 of this Constitution:

   Provided that the President shall not resign or retire from this office even at the due expiration of his term of office while a general election of Members of Parliament is pending within the ensuing three months, or where a state of public emergency has been declared.

2. If Sierra Leone is at war in which the national territory is physically involved, and the President considers that it is not practicable to hold elections, Parliament may by resolution extend the period of five years mentioned in sub-section (1) of section 46, but no such extension shall exceed a period of six months at any one time.
3. Any resignation or retirement by a person from the office of President shall be in writing addressed to the Chief Justice and a copy thereof shall be sent to the Speaker and the Chief Electoral Commissioner.
4. Head of state replacement
   Whenever the President dies, resigns, retires or is removed from office as a result of paragraphs (b) and (c) of subsection (1), the Vice-President shall assume office as President for the unexpired term of the President with effect from the date of the death, resignation, retirement or removal of the President, as the case may be.
5. The Vice-President shall, before assuming office as President in accordance with subsection (4), take and subscribe the oath for the due execution of his office as set out in the Second Schedule to this Constitution.

50. Mental or physical incapacity

1. Where the Cabinet has resolved that the question of the mental or physical capacity of the President to discharge the functions conferred on him by this Constitution ought to be investigated and has informed the Speaker accordingly, the Speaker shall, in consultation with the Head of the Medical Service of Sierra Leone, appoint a Board consisting of not less than five persons selected by him from among persons registered as medical practitioners under the laws of Sierra Leone.
2. The Board appointed under subsection (1) shall enquire into the matter and make a report to the Speaker stating the opinion of the Board whether or not the President is, by reason of any infirmity of mind or body, incapable of discharging the functions conferred on the President by this Constitution.
3. Where the Cabinet has resolved that the question of the mental or physical capacity of the President to discharge the functions conferred on him by this Constitution ought to be investigated in accordance with the provisions of subsection (1), the President shall, as soon as another person assumes the office of President, cease to perform those functions and until the Board submits its report, those functions shall be exercised in accordance with subsection (1) of section 52 of this Constitution.
4. Where the Board reports that the President is incapable of discharging the functions conferred on him by this Constitution by reason of infirmity of mind or body, the Speaker shall certify in writing accordingly, and thereupon, the President shall cease to hold office and a vacancy shall be deemed to have occurred in the office of President and subsection (4) of section 49 of this Constitution shall apply.
5. Upon receipt of the report of the Board referred to in subsection (4), the Speaker shall—
   1. if Parliament is then sitting or has been summoned to meet, within five days communicate the report to Parliament;
   2. if Parliament is not then sitting, (and notwithstanding that it may be prorogued), summon Parliament to meet within twenty-one days after the receipt by the Speaker of the report of the Board and communicate the report of the Board to Parliament.
6. For the purposes of this section—
   1. the Cabinet may act notwithstanding any vacancy in its membership or the absence of any member;
   2. a Certificate by the Speaker that the President is by reason of mental or physical infirmity unable to discharge the functions of the office of President conferred on him by this Constitution shall, in respect of any period for which it is in force, be conclusive and shall not be entertained or enquired into in any court.

51. Misconduct by President

1. If notice in writing is given to the Speaker signed by not less than one-half of all the Members of Parliament of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct in the performance of the functions of his office and specifying the particulars of the allegations and proposing that a tribunal be appointed under this section to investigate those allegations, the Speaker shall—
   1. if Parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by Parliament within seven days of the receipt of the notice; or
   2. if Parliament is not then sitting, (and notwithstanding that it may be prorogued), summon Parliament to meet within twenty-one days of the receipt of the notice, and cause the motion to be considered by Parliament.
2. Where a motion under this section is proposed for consideration by Parliament, it shall meet in secret session and shall not debate the motion, but the Speaker or the person presiding in Parliament shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two-thirds of all Members of Parliament, shall declare the motion to be passed.
3. If a motion is declared to be passed under subsection (2)—
   1. the Speaker shall immediately notify the Chief Justice who shall appoint a tribunal which shall consist of a Chairman who shall be a Justice of the Supreme Court and not less than four others selected by the Chief Justice, at least two of whom shall hold or shall have held high judicial office;
   2. the Tribunal shall investigate the matter and shall within the period of three months from the date on which the motion was passed report to Parliament through the Speaker whether or not it finds the particulars of the allegation specified in the motion to have been sustained;
   3. the President shall have the right to appear and be represented before the Tribunal during its investigation of the allegations against him.
4. If the Tribunal reports to Parliament that it finds that the particulars of any allegations against the President specified in the motion have not been substantiated, no further proceedings shall be taken under this Section in respect of that allegation.
5. Where the Tribunal reports to Parliament that it finds that the particulars of any allegation specified in the motion have been substantiated, Parliament may, in secret session, on a motion supported by the votes of not less than two-thirds of all the Members of Parliament, resolve that the President has been guilty of such violation of the Constitution or, as the case may, such gross misconduct as is incompatible with his continuance in office as President; and where Parliament so resolves, the President shall thereupon cease to hold office and a vacancy shall then be deemed to have occurred in the office of President and subsection (4) of Section 49 of this Constitution shall apply accordingly.

52. Temporary filling of vacancy

1. Whenever the President is absent from Sierra Leone or is by reason of illness or any other cause unable to perform the functions conferred upon him by this Constitution, those functions shall be performed by the Vice-President.
2. Upon assumption of office under subsection (1), the Vice-President shall not take and subscribe the oath of office of President.

53. Exercise of executive authority in Sierra Leone

1. Subject to the provisions of this Constitution, the executive power in Sierra Leone shall vest in the President and may be exercised by him directly or through members of the Cabinet, Ministers, Deputy Ministers or public officers subordinate to him.
2. In the exercise of his functions, the President may act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where, by this Constitution or any other law, he is required to act with the approval of Parliament or in accordance with the advice of any person or authority other than the Cabinet:

   Provided that the President shall always act in accordance with his deliberate judgement in signifying his approval for the purpose of an appointment to an office on his personal staff.

3. Where by this Constitution or under any other law the President is required to act in accordance with the advice of any person or authority, the question whether he has in any case received or acted in accordance with such advice shall not be inquired into in any court.
4. The reference in subsection (1) to the functions of the President shall be construed as reference to his powers and duties in the exercise of the executive authority of Sierra Leone and to any other powers and duties conferred or imposed on him as President by or under this Constitution or any other law.
5. Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

54. Vice-President

1. There shall be a Vice-President of the Republic of Sierra Leone who shall be the Principal Assistant to the President in the discharge of his executive functions.
2. A person—
   1. shall be designated a candidate for the office of Vice-President by a Presidential candidate before a Presidential election;
   2. shall not be qualified to be a candidate for the office of Vice-President unless he has the qualifications specified in section 41.
3. A candidate shall be deemed to be duly elected as Vice-President if the candidate who designated him as candidate for election to the office of Vice-President has been duly elected as President in accordance with the provisions of section 42.
4. The Vice-President shall, before entering upon the duties of his office, take and subscribe the oath of Vice-President as set out in the Third Schedule of this Constitution.
5. Whenever the office of the Vice-President is vacant, or the Vice-President dies, resigns, retires or is removed from office, the President shall appoint a person qualified to be elected as a Member of Parliament to the office of Vice-President with effect from the date of such vacancy, death, resignation, retirement or removal.
6. Whenever the President and Vice-President are both for any reason unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or Vice-President is able to perform those functions, and shall take and subscribe the oath of office as set out in the Second Schedule before commencing to perform those functions.
7. Where the Speaker of Parliament assumes the office of President as a result of the death, resignation or removal from office of the President and Vice-President, there shall be a Presidential election within ninety days of that assumption of office.
8. The provisions of sections 50 and 51 of this Constitution, relating to the removal from office of the President, shall apply to the removal from office of the Vice-President.

55. Vacancy in the office of Vice-President

56. Ministers and Deputy Ministers of Government

1. There shall be, in addition to the office of Vice-President, such other offices of Ministers and Deputy Ministers as may be established by the President:

   Provided that no Member of Parliament shall be appointed a Minister or Deputy Minister.

2. Eligibility for cabinet
   A person shall not be appointed a Minister or Deputy Minister unless—
   1. he is qualified to be elected as a Member of Parliament; and
   2. he has not contested and lost as a candidate in the general election immediately preceding his nomination for appointment; and
   3. his nomination is approved by Parliament.
3. A Minister or a Deputy Minister shall not, while he continues in office, hold any other office of profit or emolument whether by way of allowances or otherwise, whether private or public, and either directly or indirectly:

   Provided that the Vice-President, the Ministers and the Deputy Ministers shall be entitled to such remuneration allowances, gratuities, pensions, and other incidents of office as may be prescribed by Parliament.

4. Subject to the provisions of section 53 of this Constitution, the Ministers and Deputy Ministers shall hold office at the President’s discretion.
5. Subject to the provisions of subsection (6), the Vice-President and the other Ministers under the direction of the President shall be responsible for such departments of State or other business of the Government as the President may assign to them.
6. Notwithstanding the provisions of subsection (5), the President shall be responsible for such departments of State, including the Commissions established under this Constitution, as he may determine.

57. Oaths to be taken by Ministers, etc

58. Ministerial vacancies

1. Cabinet removal
   The office of a Minister or a Deputy Minister shall become vacant—
   1. on the expiration of the term of office of the President; or
   2. if his appointment is revoked by the President; or
   3. if he resigns or retires from office or dies; or
   4. if he is elected as Speaker or Deputy Speaker of Parliament; or
   5. upon the assumption of any other person to the office of President.
2. Notwithstanding the provisions of paragraphs (a) and (e) of subsection (1), Ministers and Deputy Ministers shall not vacate office as such by reason of the expiration of the term of office of the President or the assumption by the Speaker to the office of President pursuant to subsections (7) and (8) of section 54 and shall accordingly continue to perform the functions of their respective offices until the election of the new President and the Vice-President.

59. Establishment of Cabinet

1. There shall be a Cabinet whose functions shall be to advise the President in the government of Sierra Leone and which shall consist of the President, the Vice-President and such Ministers as the President may from time to time appoint.
2. A person appointed as a Member of Cabinet shall vacate his seat in the Cabinet if he ceases to be a Minister or if the President so directs.
3. The Cabinet shall determine the general policy of the Government.
4. The President shall hold regular meetings of the Cabinet at which he shall preside, and in his absence the Vice-President shall preside.

60. Collective responsibility

1. The Cabinet shall be collectively responsible to Parliament for any advice given to the President by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.
2. The provisions of this section shall not apply in relation to—
   1. the appointment and removal from office of Ministers and Deputy Ministers, or the assignment of responsibility to any Minister; or
   2. the exercise of the prerogative of mercy; or
   3. the exercise by the Attorney-General and Minister of Justice or the Director of Public Prosecutions of the powers conferred upon them under section 66.

61. Constitution of offices

62. Administration of ministries

63. Prerogative of Mercy

1. The President may, acting in accordance with the advice of a Committee appointed by the Cabinet over which the Vice-President shall preside—
   1. grant any person convicted of any offence against the laws of Sierra Leone a pardon, either free or subject to lawful conditions;
   2. Power to pardon
      grant to any person a respite, either indefinite or for a specified period of the execution of any punishment imposed on that person for such an offence;
   3. substitute a less severe form of punishment for any punishment imposed on any person for such an offence;
   4. remit the whole or any part of any punishment imposed upon any person for such an offence or any penalty or forfeiture otherwise due to the Government on account of such an offence.
2. Where any person has been sentenced to death by any Court for any offence, the Committee appointed under subsection (1) shall cause a written report of the case from the trial judge together with such other information, including a medical report on the prisoner, derived from the record of the case or elsewhere, as the Committee may require, to be submitted to it as soon as possible.

64. Establishment of office of Attorney-General and Minister of Justice

1. There shall be an Attorney-General and Minister of Justice who shall be the principal legal adviser to the Government and a Minister.
2. The Attorney-General and Minister of Justice shall be appointed by the President from among persons qualified to hold office as a Justice of the Supreme Court and shall have a seat in the Cabinet.
3. All offences prosecuted in the name of the Republic of Sierra Leone except offences involving corruption under the Anti-Corruption Act, 2000, shall be at the suit of the Attorney-General and Minister of Justice or some other person authorized by him in accordance with any law governing the same.
4. The Attorney-General and Minister of Justice shall have audience in all Courts in Sierra Leone except local courts.

65. Solicitor-General

1. There shall be a Solicitor-General, whose office shall be a public office.
2. The Solicitor-General shall be appointed by the President on the advice of the Judicial and Legal Service Commission and he shall, before assuming the functions of his office, take and subscribe to the oath as set out in the Third Schedule to this Constitution.
3. A person shall not be qualified to hold or act in the office of Solicitor-General unless he is qualified for appointment as a Justice of the Court of Appeal.
4. The Solicitor-General shall be the principal assistant to the Attorney-General and Minister of Justice.
5. The Solicitor-General shall have audience in all courts in Sierra Leone except local courts.
6. The Solicitor-General shall in all matters or any other law be subject to the general or special direction of the Attorney-General and Minister of Justice.
7. Subject to the provisions of this section, a person holding the office of Solicitor-General shall vacate his office when he attains the age of sixty-five years.
8. If the office of Solicitor-General is vacant or the holder of that office is for any reason unable to perform the functions thereof, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsection (7) and subsections (9) to (12) inclusive, continue to act until a person has been appointed to and has assumed the functions of the office of Solicitor-General or until the person holding that office has resumed those functions.
9. The Solicitor-General may be removed from office only for inability to discharge the functions of his office, (whether arising from infirmity of mind or body or any other cause), or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
10. If the Judicial and Legal Service Commission represents to the President that the question of removing the Solicitor-General from office under subsection (9) ought to be investigated then—
    1. the President, acting in consultation with the Judicial and Legal Service Commission, shall appoint a tribunal which shall consist of a Chairman and two other members, all of whom shall be persons who hold, have held or are qualified to hold office as a Justice of the Supreme Court; and
    2. the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon, and recommend to the President whether the Solicitor-General ought to be removed from office under subsection (12).
11. Where the question of removing the Solicitor-General from office has been referred to a tribunal under subsection (10), the President may suspend the Solicitor-General from performing the functions of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Solicitor-General shall not be removed from office.
12. The Solicitor-General shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (10) and the tribunal has recommended to the President that he ought to be removed from office for inability to discharge the functions of his office as stated in subsection (9) or for misbehaviour.

66. Director of Public Prosecutions

1. There shall be a Director of Public Prosecutions, whose office shall be a public office.
2. The Director of Public Prosecutions shall be appointed by the President on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament, and shall, before assuming the functions of his office, take and subscribe to the oath as set out in the Third Schedule to this Constitution.
3. A person shall not be qualified to hold or act in the office of Director of Public Prosecutions unless he is qualified for appointment as a Justice of the Court of Appeal.
4. Subject to subsection (3) of section 64, the Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do—
   1. to institute and undertake criminal proceedings against any person before any court in respect of any offence against the laws of Sierra Leone except any offence involving corruption under the Anti-Corruption Act, 2000.
   2. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and
   3. to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
5. The powers of the Director of Public Prosecutions under subsection (4) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
6. The Director of Public Prosecutions shall in all matters including his powers under this Constitution or any other law be subject to the general or special direction of the Attorney-General and Minister of Justice.
7. The powers conferred upon the Attorney-General and Minister of Justice by this section shall be vested in him to the exclusion of any other person or authority:

   Provided that where any other person or authority has instituted criminal proceedings, nothing in this section shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.

8. In the exercise of the powers conferred upon him by this section, the Attorney-General and Minister of Justice shall not be subject to the direction or control of any other person or authority.
9. For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court shall be deemed to be part of those proceedings.
10. Subject to the provisions of this section, a person holding the office of Director of Public Prosecutions shall vacate his office when he attains the age of sixty-five years.
11. If the office of Director of Public Prosecutions is vacant or the holder of that office is for any reason unable to perform the functions thereof, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsection (10) and subsections (12) to (15) inclusive, continue to act until a person has been appointed to and has assumed the functions of the office of Director of Public Prosecutions or until the person holding that office has resumed those functions.
12. The Director of Public Prosecutions may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
13. If the Judicial and Legal Service Commission represents to the President that the question of removing the Director of Public Prosecutions from office under subsection (12) ought to be investigated then—
    1. the President, acting in consultation with the Judicial and Legal Service Commission, shall appoint a tribunal which shall consist of a Chairman and two other members, all of whom shall be persons who hold, have held, or are qualified to hold office as a Justice of the Supreme Court; and
    2. the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon to the President and recommend to the President whether the Director of Public Prosecutions ought be removed from office under subsection (15).
14. Where the question of removing the Director of Public Prosecutions from office has been referred to a tribunal under subsection (10), the President may suspend the Director of Public Prosecutions from performing the functions of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Director of Public Prosecutions shall not be removed from office.
15. The Director of Public Prosecutions shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (13) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.

67. Secretary to the President

1. There shall be a Secretary to the President who shall be appointed by the President at his sole discretion.
2. The functions of the Secretary to the President shall include—
   1. acting as the principal adviser to the President on Public Service matters;
   2. the administration and management of the Office of the President, of which he shall also be Vote Controller;
   3. the performance of all other functions assigned to him from time to time by the President.
3. The office of Secretary to the President and the offices of members of his staff shall be public offices.
4. Before assuming the functions of his office, the Secretary to the President shall take and subscribe to the oath as set out in the Third Schedule to this Constitution.

68. Secretary to the Cabinet

1. There shall be a Secretary to the Cabinet who shall be the Head of the Civil Service and whose office shall be a public office.
2. The Secretary to the Cabinet shall be appointed by the President in consultation with the Public Service Commission.
3. The functions of the Secretary to the Cabinet shall include—
   1. having charge of the Cabinet Secretariat;
   2. responsibility for arranging the business for, and keeping the minutes of, the Cabinet, and for conveying the decisions of the Cabinet to the appropriate person or authority, in accordance with such instructions as may be given to him by the President;
   3. co-ordinating and supervising the work of all administrative heads of ministries and departments in the Public Service;
   4. such other functions as the President may from time to time determine.
4. The Secretary to the Cabinet shall not assume the duties of his office unless he has taken and subscribed to the oath as set out in the Third Schedule to this Constitution.

69. Secretary to the Vice-President

1. There shall be a Secretary to the Vice-President whose office shall be a public office.
2. The Secretary to the Vice-President shall be appointed by the President in consultation with the Public Service Commission and shall, before assuming the functions of his office, take and subscribe to the oath as set out in the Third Schedule to this Constitution.

70. Power of appointment vested in the President

71. Other statutory appointments

72. Office of Paramount Chief

1. The institution of Chieftaincy as established by customary law and usage and its non- abolition by legislation is hereby guaranteed and preserved.
2. Without derogating from the generality of the provisions of subsection (1), no provision of law in so far as it provides for the abolition of the office of Paramount Chief as existing by customary law and usage immediately before the entry into force of this Constitution, shall have effect unless it is included in an Act of Parliament and the provisions of Section 108 shall apply in relation to the Bill for such an Act as they apply in relation to the Bill for an Act of Parliament that alters any of the provisions of this Constitution that are referred to in subsection (3) of that section.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of subsection (1) to the extent that the law in question makes provision for the determination, in accordance with appropriate customary law and usage, of the validity of the nomination, election, unseating or replacement of any Paramount Chief, or the question of restraining in any way the exercise of any rights, duties, privileges or functions conferred upon, or enjoyed by him, by virtue of his office or the installation or deposition of a person as a Paramount Chief.
4. A Paramount Chief may be removed from office by the President for any gross misconduct in the performance of the functions of his office if after a public inquiry conducted under the Chairmanship of a Judge of the High Court or a Justice of Appeal or a Justice of the Supreme Court, the Commission of Inquiry makes an adverse finding against the Paramount Chief, and the President is of the opinion that it is in the public interest that the Paramount Chief should be removed.
5. Subject to the provisions of this Constitution and in furtherance of the provisions of this section, Parliament shall make laws for the qualifications, election, powers, functions, removal and other matters connected with Chieftaincy.

73. Establishment of Parliament

1. There shall be a legislature of Sierra Leone which shall be known as Parliament, and shall consist of the President, the Speaker and Members of Parliament.
2. Subject to the provisions of this Constitution, the legislative power of Sierra Leone is vested in Parliament.
3. Parliament may make laws for the peace, security order and good government of Sierra Leone.

74. Members of Parliament

1. First chamber selection
   Members of Parliament shall comprise the following—
   1. one Member of Parliament for each District who shall, subject to the provisions of this Constitution, be elected in such manner as may be prescribed by or under any law from among the persons who, under any law, are for the time being Paramount Chiefs; and
   2. such number of Members as Parliament may prescribe who, subject to the provisions of this Constitution, shall be elected in such manner as may be prescribed by or under any law.
2. Size of first chamber
   The number of Members of Parliament to be elected pursuant to paragraphs (a) and (b) of subsection (1) shall not together be less than sixty.
3. In any election of Members of Parliament the votes of the electors shall be given by ballot in such manner as not to disclose how any particular elector votes.
4. Members of Parliament shall be entitled to such salaries, allowances, gratuities, pensions and such other benefits as may be prescribed by Parliament.

75. Qualifications for membership of Parliament

76. Disqualifications for membership of Parliament

1. No person shall be qualified for election as a Member of Parliament—
   1. if he is a naturalised citizen of Sierra Leone or is a citizen of a country other than Sierra Leone having become such a citizen voluntarily or is under a declaration of allegiance to such a country; or
   2. if he is a member of any Commission established under this Constitution, or a member of the Armed Forces of the Republic, or a public officer, or an employee of a Public Corporation established by an Act of Parliament, or has been such a member, officer or employee within twelve months prior to the date on which he seeks to be elected to Parliament; or
   3. if under any law in force in Sierra Leone he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or
   4. if he has been convicted and sentenced for an offence which involves fraud or dishonesty; or
   5. if he is under a sentence of death imposed on him by any court; or
   6. if in the case of the election of such member as is referred to in paragraph (b) of subsection (1) of section 74, he is for the time being a Paramount Chief under any law; or
   7. if being a person possessed of professional qualifications, he is disqualified (otherwise than at his own request) from practising his profession in Sierra Leone by order of any competent authority made in respect of him personally within the immediately preceding five years of an election held in pursuance of section 87; or
   8. if he is for the time being the President, the Vice-President, a Minister or a Deputy Minister under the provisions of this Constitution.
2. A person shall not be qualified for election to Parliament if he is convicted by any court of any offence connected with the election of Members of Parliament:

   Provided that in any such case the period of disqualification shall not exceed a period of five years from the date of the general election following the one for which he was disqualified.

3. Any person who is the holder of any office the functions of which involve responsibility for, or in connection with, the conduct of any election to Parliament or the compilation of any register of voters for the purposes of such an election shall not be qualified for election to Parliament.
4. A person shall not be disqualified for election as a Member of Parliament under paragraph (b) of subsection (1) by reason only that he holds the office of member of a Chiefdom Council, member of a Local Court or member of anybody corporate established by or under any of the following laws, that is to say, the Freetown Municipality Act, the Chiefdom Councils Act, the Rural Area Act, the District Councils Act, the Sherbro Urban District Council Act, the Bo Town Council Act, and the Townships Act or any law amending or replacing any of those laws. [FN: Act No 20 of 1973; Cap. 61; Cap. 75; Cap. 76; Cap. 79; Cap. 80; Cap. 295.]
5. Save as otherwise provided by Parliament, a person shall not be disqualified from being a Member of Parliament by reason only that he holds office as a member of a Statutory Corporation.

77. Tenure of seats of Members of Parliament

1. A Member of Parliament shall vacate his seat in Parliament—
   1. on the dissolution of Parliament next following his election; or
   2. if he is elected Speaker of Parliament; or
   3. if any other circumstances arise that if he were not a Member of Parliament would cause him to be disqualified for election as such under section 76; or
   4. if he ceases to be a citizen of Sierra Leone; or
   5. Attendance by legislators
      if he is absent from sittings of Parliament for such period and in such circumstances as may be prescribed in the rules of procedure of Parliament; or
   6. if in the case of such a Member as is referred to in paragraph (b) of subsection (1) of section 74, he becomes a Paramount Chief under any law; or
   7. if he ceases to be qualified under any law to be registered as an elector for election of Members to Parliament; or
   8. if he is adjudged to be a lunatic or declared to be of unsound mind or sentenced to death; or
   9. if he is adjudged or otherwise declared a bankrupt under any law and has not been discharged; or
   10. if he resigns from office as a Member of Parliament by writing under his hand addressed to the Speaker, or if the Office of Speaker is vacant or the Speaker is absent from Sierra Leone, to the Deputy Speaker; or
   11. if he ceases to be a member of the political party of which he was a member at the time of his election to Parliament and he so informs the Speaker, or the Speaker is so informed by the Leader of that political party; or
   12. if by his conduct in Parliament by sitting and voting with members of a different party, the Speaker is satisfied after consultation with the Leader of that Member’s party that the Member is no longer a member of the political party under whose symbol he was elected to Parliament; or
   13. if, being elected to Parliament as an independent candidate, he joins a political party in Parliament; or
   14. if he accepts office as Ambassador or High Commissioner for Sierra Leone or any position with an International or Regional Organization.
2. Any member of Parliament who has been adjudged to be a lunatic, declared to be of unsound mind, or sentenced to death or imprisonment, may appeal against the decision in accordance with any law provided that the decision shall not have effect until the matter has been finally determined.

78. Determination of question as to membership of Parliament

1. The High Court shall have jurisdiction to hear and determine any question whether—
   1. any person has been validly elected as a Member of Parliament; and
   2. the seat of a Member of Parliament has become vacant.
2. The High Court to which any question is brought under subsection (1) shall determine the said question and give judgement thereon within four months after the commencement of the proceedings before that Court.
3. An appeal shall lie to the Court of Appeal from the decision of the High Court on any matter determined pursuant to subsection (1), save that no appeal shall lie in respect of any interlocutory decisions of the High Court in such proceedings.
4. The Court of Appeal before which an appeal is brought pursuant to subsection (3) shall determine the appeal and give judgement thereon within four months after the appeal was filed.
5. The decision of the Court of Appeal on any matter pursuant to subsection (3) shall be final and not be inquired into by any Court.
6. For the purpose of this section Parliament may make provision, or may authorise the making of provisions with respect to the practice and procedure of the High Court or the Court of Appeal, and may confer upon such Courts such powers or may authorise the conferment thereon of such powers as may appear to be necessary or desirable for the purpose of enabling the said Courts effectively to exercise the jurisdiction conferred upon them by this section or by any law relating to the hearing of appeals from the High Court.

79. The Speaker

1. The Speaker of Parliament shall be elected by the Members of Parliament from among persons who are Members of Parliament or are qualified to be elected as such and who are qualified to be appointed Judges of the Superior Court of Judicature or have held such office:

   Provided that a person shall be eligible for election as Speaker of Parliament notwithstanding that such person is a Public Officer or a Judge of the High Court, a Justice of the Court of Appeal or a Justice of the Supreme Court, and such person, if elected, shall retire from the Public Service on the day of his election with full benefits.

2. The Speaker shall be elected by a resolution in favour of which there are cast the votes of not less than two-thirds of the Members of Parliament:

   Provided that if three successive resolutions proposing the election of a Speaker fail to receive the votes of two-thirds of the Members of Parliament, the Speaker shall be elected by a resolution passed by a simple majority of all the Members of Parliament.

3. No person shall be elected as Speaker—
   1. if he is a member of the Armed Forces; or
   2. if he is a Minister or a Deputy Minister.
4. The Speaker shall vacate his office—
   1. if he becomes a Minister or a Deputy Minister; or
   2. if any circumstances arise that, if he were not the Speaker, would disqualify him from election as Speaker; or
   3. when Parliament first meets after any dissolution; or
   4. if he is removed from office by a resolution of Parliament supported by the votes of not less than two-thirds of the Members of Parliament.
5. No business shall be transacted in Parliament (other than an election to the office of Speaker) at any time if the office of Speaker is vacant.
6. Any person elected to the office of Speaker who is not a Member of Parliament shall before entering upon the duties of his office, take and subscribe before Parliament the oath as set out in the Third Schedule in this Constitution.
7. The Speaker, or in his absence the Deputy Speaker, shall preside over all sittings of Parliament, except when the President is present.

80. Deputy Speaker

1. There shall be a Deputy Speaker who shall be elected by the Members of Parliament.
2. No person shall be elected as Deputy Speaker unless he is a Member of Parliament.
3. The Members of Parliament shall elect a person to the office of Deputy Speaker—
   1. at the first sitting of Parliament in every session; or
   2. at the first sitting of Parliament after the occurrence of a vacancy in the office of Deputy Speaker,

   or so soon thereafter as may be convenient.

4. The Deputy Speaker shall vacate his office—
   1. if he ceases to be a Member of Parliament; or
   2. if he is removed from office by a resolution of Parliament.
5. If the Speaker is absent from Sierra Leone or otherwise unable to perform any of the functions conferred upon him by this Constitution those functions may be performed by the Deputy Speaker.

81. Election of Speaker and Deputy Speaker

82. Clerk of Parliament

1. There shall be a Clerk of Parliament who shall be appointed by the President acting in consultation with the Public Service Commission, and shall be responsible for the administration of Parliament.
2. The office of the Clerk of Parliament and the offices of the members of his staff shall be public offices.

83. Oath to be taken by Members of Parliament

84. Sessions of Parliament

1. Each session of Parliament shall be held at such place within Sierra Leone and shall commence at such time as the President may by Proclamation appoint.
2. There shall be a session of Parliament at least once in every year, so that a period of twelve months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session:

   Provided that there shall be a session of Parliament not later than twenty-eight days from the holding of a general election of Members of Parliament.

3. The President shall at the beginning of each session of Parliament present to Parliament an address on the state of the nation.

85. Life of Parliament

1. Parliament shall stand dissolved at the expiration of a period of five years commencing from the date of its first sitting after a general election.
2. Emergency provisions
   If there is in existence a state of public emergency in accordance with section 29 of this Constitution and the President considers it not practicable to hold elections, Parliament may, by resolution, extend the period of five years mentioned in subsection (1) from time to time but not beyond a period of six months at any one time.

86. Sittings of Parliament

1. The President may at any time summon a meeting of Parliament.
2. Notwithstanding the provision of subsection (1), at least twenty per centum of all the Members of Parliament may request a meeting of Parliament and the Speaker shall, within fourteen days after the receipt of that request, summon a meeting of Parliament.
3. Subject to the provisions of subsection (1) and of Sections 29 and 84 of this Constitution, sittings of Parliament in any session after the commencement of that session shall be held at such times and on such days as Parliament shall appoint.
4. Parliament shall sit for a period of not less than one hundred and twenty days in each year.

87. General Election

1. A general election of the Members of Parliament shall be held not earlier than thirty days and not later than ninety days after any dissolution of Parliament:

   Provided that nominations for such elections shall in no case be closed within fourteen days after dissolution.

2. Emergency provisions
   If, when Parliament has been dissolved, the President considers that owing to the existence of a state of public emergency it would not be practicable to hold a general election within ninety days after the dissolution, the President may by Proclamation recall the Parliament that has been dissolved and the following provisions shall then have effect—
   1. the Parliament shall meet at such date, not later than fourteen days after the date of the Proclamation, as may be specified therein;
   2. the President shall, subject to the provisions of subsection (16) of section 29, cause to be introduced in Parliament as soon as it meets, a resolution declaring that a state of Public Emergency exists and subject as aforesaid, no other business shall be transacted in Parliament until that resolution has been passed or defeated;
   3. if the resolution is passed by Parliament with the support of the votes of not less than two-thirds of the Members thereof, a general election shall be held on the last day of the period of six months beginning with the date of the original dissolution of the Parliament which has been recalled or such earlier date as the President shall appoint, and the Parliament that has been recalled shall be deemed to be the Parliament for the time being and may meet and be kept in session accordingly until the date fixed for nomination of candidates in that general election, and unless previously dissolved, shall then stand dissolved;
   4. if the resolution is defeated, or is passed with the support of the votes of less than two-thirds of the Members of Parliament or has not been put to the vote within five days after it has been introduced, the Parliament that has been recalled shall then be again dissolved and a general election shall be held not later than the ninetieth day after the date of the Proclamation by which the Parliament was so recalled or such earlier date as the President may by Proclamation appoint.
3. When Parliament is recalled under this section after having been dissolved—
   1. the session of that Parliament held next before that dissolution; and
   2. the session of sessions of that Parliament held between the date of its first sitting and of the next dissolution thereafter,

   shall be deemed together to form one session.

88. Presiding in Parliament

89. Quorum in Parliament

90. Use of English in Parliament

91. Voting in Parliament

1. Except as otherwise provided in this Constitution, any question proposed for decision in Parliament shall be determined by a majority of the votes of the Members present and voting.
2. The person presiding in Parliament may cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case; if the person presiding does not exercise his casting vote the question proposed for discussion in Parliament shall be deemed to be rejected.
3. The rules of procedure of Parliament may provide that the vote of a Member upon a question in which he has a direct pecuniary interest shall be disallowed and if any such provision is made a Member whose vote is disallowed in accordance therewith shall be deemed not to have voted.

92. Unqualified persons sitting or voting

93. Committees of Parliament

1. Legislative committees
   At the beginning of each session of Parliament, but in any case not later than twenty- one days thereafter, there shall be appointed from among its members the following Standing Committees, that is to say—
   1. the Legislative Committee;
   2. the Finance Committee;
   3. the Committee on Appointments and Public Service;
   4. the Foreign Affairs and International Co-operation Committee;
   5. the Public Accounts Committee;
   6. the Committee of Privileges;
   7. the Standing Orders Committee;
   8. such other Committees of Parliament as the rules of procedure of Parliament shall provide.
2. In addition to the Committees referred to in subsection (1), Parliament shall appoint other Committees which shall perform the functions specified in subsection (3).
3. Legislative oversight of the executive
   It shall be the duty of any such Committee as is referred to in subsection (2) to investigate or inquire into the activities or administration of such Ministries or Departments as may be assigned to it, and such investigation or inquiry may extend to proposals for legislation.
4. Notwithstanding anything contained in subsections (1) and (2), Parliament may at any time appoint any other Committee to investigate any matter of public importance.
5. The composition of each of the Committees appointed under subsections (1), (2) and (4) shall, as much as possible, reflect the strength of the political parties and Independent Members in Parliament.
6. For the purposes of effectively performing its functions, each of the Committees shall have all such powers, rights and privileges as are vested in the High Court at a trial in respect of—
   1. enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
   2. compelling the production of documents; and
   3. the issue of a commission or request to examine witnesses abroad.

94. Regulation of procedure in Parliament

1. Subject to the provisions of this Constitution, Parliament may regulate its own procedure, and may in particular make, amend and revoke Standing Orders for the orderly conduct of its own proceedings.
2. Notwithstanding anything to the contrary in this Constitution or in any other law contained, no decision, order or direction of Parliament or any of its Committees or the Speaker, relating to the rules of procedure of Parliament, or to the application or interpretation of such rules, or any act done or purporting to have been done by Parliament or by the Speaker under any rules of procedure, shall be inquired into by any court.
3. Parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when Parliament first meets after the entry into force of this Constitution or after any dissolution of Parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of Parliament shall not invalidate those proceedings.
4. Parliament may, for the purpose of the orderly and effective discharge of its business, make provision for the powers, privileges and immunities of Parliament, its Committees and the Members thereof.

95. Contempt of Parliament

96. Criminal Proceedings

97. Responsibilities of Members of Parliament

98. Freedom of Speech and debate

99. Parliamentary privilege

1. Subject to the provisions of this section, but without prejudice to the generality of section 97, no civil or criminal proceedings shall be instituted against a Member of Parliament in any court or place out of Parliament by reason of anything said by him in Parliament.
2. Whenever in the opinion of the person presiding in Parliament a statement made by a Member is prima facie defamatory of any person, the person presiding shall refer the matter for inquiry to the Committee of Privileges which shall report its findings to Parliament not later than thirty days of the matter being so referred.
3. Where the Committee of Privileges reports to Parliament that the statement made by the Member is defamatory of any person, the Member who made the statement shall, within seven days of that report, render an apology at the bar of Parliament, the terms of which shall be approved by the Committee of Privileges and communicated to the person who has been defamed.
4. Where a Member refuses to render an apology pursuant to the provisions of subsection (3), the Speaker shall suspend that Member for the duration of the session of Parliament in which the defamatory statement was made and a Member so suspended shall lose his Parliamentary privileges, immunities and remuneration which shall be restored to him if at any time before the end of the session he renders the apology as required under the provisions of subsection (3).
5. Any person who may have made a contemporaneous report of the proceedings in Parliament including a statement which has been the subject of an inquiry pursuant to the provisions of subsection (2) shall publish the apology referred to in subsection (3) or the suspension or the apology referred to in subsection (4) with the same prominence as he published the first report; and if any such person fails to publish that apology he shall not be protected by privilege.

100. Immunity from service of process and arrest

101. Immunity from witness summons

1. Neither the Speaker nor any Member of, nor the Clerk of, Parliament shall be compelled, while attending Parliament, to appear as a witness in any court or place out of Parliament.
2. The certificate of the Speaker that a Member or the Clerk is attending the proceedings of Parliament shall be conclusive evidence of attendance at Parliament.

102. Immunity from serving as juryman

103. Immunity for publication of proceedings

104. Privileges of witness

1. Every person summoned to attend to give evidence or to produce any paper, book, record or other document before Parliament shall be entitled, in respect of his evidence, or the production of such document, to the same privileges as if he were appearing before a Court.
2. No public officer shall be required to produce before Parliament any document if the Speaker certifies that—
   1. the document belongs to a class of documents which will be injurious to the public interest or prejudicial to the security of the State to produce; or
   2. disclosure of the contents thereof will be injurious to the public interest or prejudicial to the security of the State.
3. Where there is a doubt as to whether any document as is referred to in subsection (2) is injurious to the public interest or prejudicial to the security of the State, the Speaker shall refer the matter to the Supreme Court to determine whether the production or the disclosure of the contents of any such document would be injurious to the public interest or prejudicial to the security of the State.
4. An answer by a person to a question put by Parliament shall not be admissible in evidence against him in any civil or criminal proceedings out of Parliament, not being proceedings for perjury brought under the criminal law.

105. Power to make laws

106. Mode of exercising legislative power

1. The power of Parliament to make laws shall be exercised by Bills passed by Parliament and signed by the President.
2. Subject to the provisions of subsection (8), a Bill shall not become law unless it has been duly passed and signed in accordance with this Constitution.
3. An Act signed by the President shall come into operation on the date of its publication in the Gazette or such other date as may be prescribed therein or in any other enactment.
4. When a Bill which has been duly passed and is signed by the President in accordance with the provisions of this Constitution it shall become law and the President shall thereupon cause it to be published in the Gazette as law.
5. No law made by Parliament shall come into operation until it has been published in the Gazette, but Parliament may postpone the coming into operation of any such law and may make laws with retroactive effect.
6. All laws made by Parliament shall be styled “Acts” and the words of enactment shall be “Enacted by the President and Members of Parliament in this present Parliament assembled”.
7. Approval or veto of general legislation
   Where a Bill has been passed by Parliament but the President refuses to sign it, the President shall within fourteen days of the presentation of the Bill for his signature cause the unsigned Bill to be returned to Parliament giving reasons for his refusal.
8. Veto override procedure
   Where a Bill is returned to Parliament pursuant to subsection (7) and that Bill is thereafter passed by the votes of not less than two-thirds of the Members of Parliament, it shall immediately become law and the Speaker shall thereupon cause it to be published in the Gazette.
9. Nothing in this section or in section 53 of this Constitution shall prevent Parliament from conferring on any person or authority the power to make statutory instruments.

107. Minister may introduce Bill and be summoned to Parliament

1. A Minister may introduce a Bill in Parliament and take part, but without a vote, in the deliberations of Parliament on that Bill.
2. A Minister may be summoned before Parliament or a Committee thereof—
   1. to give an account of any matter falling within his portfolio; or
   2. to explain any aspect of Government policy.

108. Alteration of this Constitution

1. Subject to the provisions of this section, Parliament may alter this Constitution.
2. A Bill for an Act of Parliament under this section shall not be passed by Parliament unless—
   1. before the first reading of the Bill in Parliament the text of the Bill is published in at least two issues of the Gazette:

      Provided that not less than nine days shall elapse between the first publication of the Bill in the Gazette and the second publication; and

   2. the Bill is supported on the second and third readings by the votes of not less than two-thirds of the Members of Parliament.
3. A Bill for an Act of Parliament enacting a new Constitution or altering any of the following provisions of this Constitution, that is to say—
   1. this section,
   2. Chapter III,
   3. sections 46, 56, 72, 73, 74(2), 74(3), 84(2), 85, 87, 105, 110–119, 120, 121, 122, 123, 124, 128, 129, 131, 132, 133, 135, 136, 137, 140, 151, 156, 167,

   shall not be submitted to the President for his assent and shall not become law unless the Bill, after it has been passed by Parliament and in the form in which it was so passed, has, in accordance with the provisions of any law in that behalf, been submitted to and been approved at a referendum.

4. Every person who is entitled to vote in the elections of Members of Parliament shall be entitled to vote at a referendum held for the purposes of subsection (3) and no other person may so vote; and the Bill shall not be regarded as having been approved at the referendum unless it was so approved by the votes of not less than one-half of all such persons and by not less than two-thirds of all the votes validly cast at the referendum:

   Provided that in calculating the total number of persons entitled to vote at such referendum, the names of deceased persons, of persons disqualified as electors, and of persons duplicated in the register of electors and so certified by the Electoral Commission, shall not be taken into account.

5. The conduct of any referendum for the purposes of subsection (3) of this section shall be under the general supervision of the Electoral Commission and the provisions of subsections (4), (5) and (6) of section 38 of this Constitution shall apply in relation to the exercise by the Electoral Commission of its functions with respect to a referendum as they apply in relation to the exercise of its functions with respect to elections of Members of Parliament.
6. A Bill for an Act of Parliament under this section shall not be submitted to the President for his signature unless it is accompanied by a certificate under the hand of the Speaker of Parliament (or, if the Speaker is for any reason unable to exercise the functions of his office, the Deputy Speaker) that the provisions of subsections (3) and (4) of this section have been complied with, and every such certificate shall be conclusive for all purposes and shall not be inquired in any court.
7. No Act of Parliament shall be deemed to amend, add to or repeal or in any way alter any of the provisions of this Constitution unless it does so in express terms.
8. Any suspension, alteration, or repeal of this Constitution other than on the authority of Parliament shall be deemed to be an act of Treason.
9. In this section—
   1. references to this Constitution include references to any law that amends or replaces any of the provisions of this Constitution; and
   2. references to the alteration of this Constitution or of any Chapter or section of this Constitution include references to the amendment, modification or re-enactment, with or without amendment or modification, of any provision for the time being contained in this Constitution or Chapter or section thereof, the suspension or repeal of any such provision, the making of different provision in lieu of such provision and the addition of new provisions to this Constitution or Chapter or section thereof, and references to the alteration of any particular provision of this Constitution shall be construed likewise.

109. Residual authority of Parliament

110. Authority for imposition of taxation

1. No taxation shall be imposed or altered otherwise than by or under the authority of an Act of Parliament.
2. Where an Act enacted pursuant to subsection (1) confers a power on any person or authority to waive or vary a tax (otherwise than by reduction) imposed by that Act, the exercise of the power of waiver or variation in favour of any person or authority shall be subject to the prior approval of Parliament by resolution passed in that behalf.
3. Parliament may make provision under which the President or a Minister may by order provide that, on or after the publication of a Bill (being a Bill approved by the President) that it is proposed to introduce into Parliament providing for the imposition or alteration of taxation, such provisions of the Bill as may be specified in the order shall, until the Bill becomes law, have the force of law for such period and subject to such conditions as may be prescribed by Parliament:

   Provided that any such order shall, unless sooner revoked, cease to have effect—

   1. if the Bill to which it relates is not passed within such period from the date of its first reading in Parliament as may be prescribed by Parliament; or
   2. if, after the introduction of the Bill to which it relates, Parliament is prorogued or dissolved; or
   3. if, after the passage of the Bill to which it relates, the President refuses his assent thereto; or
   4. at the expiration of a period of four months from the date it came into operation or such longer period from that date as may be specified in any resolution passed by Parliament after the Bill to which it relates has been introduced.
4. Parliament may confer upon any authority established by law for the purpose of local government power to impose taxation within the area for which that authority is established and to alter taxation so imposed.
5. Where the Appropriation Act in respect of a financial year has not come into force at the expiration of six months from the commencement of that financial year, the operation of any law relating to the collection or recovery of any tax upon any income or profits or any duty of customs or excise shall be suspended until that Act comes into force:

   Provided that—

   1. in any financial year in which Parliament stands dissolved at the commencement of that year the period of six months shall begin from the day upon which Parliament first sits following that dissolution instead of from the commencement of the financial year;
   2. the provisions of this subsection shall not apply in any financial year in which Parliament is dissolved after the laying of estimates in accordance with section 112 and before the Appropriation Bill relating to those estimates is passed by Parliament.

111. Consolidated Fund

1. There shall be a Consolidated Fund into which, subject to the provisions of this section, shall be paid—
   1. all revenues or other moneys raised or received for the purpose of, or on behalf of, the Government;
   2. any other moneys raised or received in trust for or on behalf of the Government; and
   3. all revenues and moneys payable by or under any bilateral or multilateral agreement.
2. The revenues or other moneys referred to in subsection (1) shall not include revenues or other moneys—
   1. that are payable by or under an Act of Parliament into some other fund established for a specific purpose; or
   2. that may by or under an Act of Parliament, be retained by the department of Government that received them for the purpose of defraying the expenses of that department.
3. No moneys shall be withdrawn from the Consolidated Fund except—
   1. to meet expenditure that is charged upon the Fund by this Constitution or by an Act of Parliament; or
   2. where the issue of those moneys has been authorised—
      1. by an Appropriation Act; or
      2. by a Supplementary Estimate approved by a resolution of Parliament passed in that behalf; or
      3. by an Act of Parliament enacted pursuant to the provisions of sections 112 and 113 of this Constitution; or
      4. by rules or regulations made under an Act of Parliament in respect of trust moneys paid into the Consolidated Fund.
4. No moneys shall be withdrawn from any public fund, other than the Consolidated Fund and the Contingencies Fund, unless the issues of those moneys have been authorised by or under the authority of an Act of Parliament.

112. Authorisation of expenditure from Consolidated Fund

1. Subject to the provisions of section 107 of this Constitution, the Minister for the time being responsible for finance shall cause to be prepared and laid before Parliament in each financial year estimates of the revenues and expenditures of Sierra Leone for the next following financial year.
2. The Head of the expenditure—
   1. of the estimates shall be included in a Bill to be known as an Appropriation Bill which shall be introduced into Parliament to provide for the issue from the Consolidated Fund of the sums of money necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein; and
   2. of the Consolidated Fund payments shall be laid before Parliament for the information of the Members thereof.
3. Where, in respect of any financial year, it is found that the amount of moneys appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount of moneys has been appropriated by that Act, a supplementary estimate showing the sum of money required shall be laid before Parliament.
4. Where, in respect of any financial year, a supplementary estimate has been approved by Parliament in accordance with the provisions of subsection (3), a Supplementary Appropriation Bill shall be introduced in Parliament in the financial year next following the financial year to which the estimates relate, providing for the appropriation of the sum so approved for the purposes specified in that estimate.
5. Notwithstanding the provisions of subsection (4), the Minister for the time being responsible for finance may cause to be prepared and laid before Parliament estimates of revenue and expenditure of Sierra Leone for periods of over one year.
6. Parliament shall prescribe the procedure for the presentation of Appropriation Bills.

113. Authorisation of expenditure in advance of appropriation

114. Withdrawal of moneys from general revenues

1. No moneys shall be expended from the general revenue of the Republic unless—
   1. the expenditure is authorised by a warrant under the hand of the President; or
   2. the expenditure is charged by this Constitution or any other law on the general revenues of the Republic; or
   3. the expenditure is of moneys received by a department of Government and is made under the provisions of any law which authorises that department to retain and expend those moneys for defraying the expenses of the department.
2. No warrant shall be issued by the President authorising expenditure from the general revenues of the Republic unless—
   1. the expenditure is necessary to carry on the services of the Government in respect of any period not exceeding four months beginning with the commencement of a financial year during which the Appropriation Act for that financial year is not in force; or
   2. the expenditure has been proposed in a supplementary estimate to be approved by Parliament; or
   3. no provision exists for the expenditure and the President considers that there is such an urgent need to incur the expenditure that it would not be in the public interest to delay the authorisation of the expenditure until such time as a supplementary estimate can be laid before and approved by Parliament; or
   4. the expenditure is incurred on capital projects continuing from the previous financial year until the commencement of the Appropriation Act for the current financial year.
3. The President shall, immediately after he has signed any warrant authorising expenditure from the general revenues of the Republic, cause a copy of the warrant to be transmitted to the Accountant-General.
4. The issue of warrants under paragraph (c) of subsection (2), the investment of moneys forming part of the general revenue of the Republic and the making of advances from such revenues shall be subject to such limitations and conditions as Parliament may from time to time prescribe.

115. Remuneration of the President and certain other officers

1. There shall be paid to the holders of the offices to which this section applies such salaries and allowances as may be prescribed by or under any law.
2. The salaries and allowances payable to the holders of the offices to which this section applies shall be a charge on the Consolidated Fund.
3. The salary, pensions, gratuity and allowances payable to the holder of any office to which this section applies and his other terms of services shall not be altered to his disadvantage after his appointment, and for the purposes of this subsection in so far as the terms of service of any person depend on the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted.
4. This section applies to the offices of the President, Vice-President, Attorney-General and Minister of Justice, Ministers, Deputy Ministers, the Chief Justice, a Justice of the Supreme Court, a Justice of Appeal, a Judge of the High Court, the Director of Public Prosecutions, the Chairman and Members of the Electoral Commission, the Chairman and Members of the Public Service Commission, and the Auditor-General.

116. Contingencies Fund

1. Parliament may provide for the establishment of the Contingencies Fund and for authorising the Minister responsible for Finance, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advance from the Fund to meet that need.
2. Where any advance is made in accordance with subsection (1), a Supplementary Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced into Parliament as soon as possible for the purpose of replacing the amount so advanced.

117. Public debt

1. The public debt of Sierra Leone shall be secured on the revenues and assets of Sierra Leone.
2. In this section reference to the public debt of Sierra Leone includes reference to the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt.

118. Loans

1. Parliament may by a resolution passed in that behalf and supported by the votes of a majority of all the Members of Parliament, authorise the Government to enter into an agreement for the granting of a loan out of any public fund or public account.
2. An agreement entered pursuant to subsection (1) shall be laid before Parliament and shall not come into operation unless the same has been approved by a resolution of Parliament.
3. No loan shall be raised by the Government on behalf of itself or any other public institution or authority otherwise than by or under the authority of an Act of Parliament.
4. An Act of Parliament enacted in accordance with subsection (3) shall provide—
   1. that the terms and conditions of a loan shall be laid before Parliament and shall not come into operation unless it has been approved by a resolution of Parliament; and
   2. that any moneys received in respect of that loan shall be paid into the Consolidated Fund and form part thereof or into some other Public Fund of Sierra Leone either existing or created for the purposes of the loan.
5. For the purposes of this section, the expression “loan” includes any moneys lent or given to or by the Government on condition of return or repayment and any other form of borrowing or lending in respect of which—
   1. moneys from the Consolidated Fund or any other Public Fund may be used for payment or repayment; or
   2. moneys from any fund by whatever name called established for the purposes of payment or repayment whether in whole or in part and whether directly or indirectly may be used for payment or repayment.
6. The provisions of subsections (1), (2), (3), (4) and (5) shall also apply to any agreement for a loan entered into by the Government in respect of the natural resources of Sierra Leone, such as mineral, marine, forest and such other resources.
7. Parliament shall be notified by the appropriate minister or authority of all gifts, donations, grants and pledges made to the State of Sierra Leone.

119. Establishment of office and functions of Auditor-General

1. There shall be an Auditor-General for Sierra Leone whose office shall be a public office, and who shall be appointed by the President after consultation with the Public Service Commission, and subject to the approval of Parliament.
2. The public accounts of Sierra Leone and of all public offices, including the Courts, the accounts of the central and local government administrations, of the Universities and public institutions of like nature, any statutory corporation, company or other body or organisation established by an Act of Parliament or statutory instrument or otherwise set up partly or wholly out of Public Funds, shall be audited and reported on by or on behalf of the Auditor-General, and for that purpose the Auditor-General of any person authorised or appointed in that behalf by the Auditor-General shall have access to all books, records, returns and other documents relating or relevant to those accounts.
3. The public accounts of Sierra Leone and of all other persons or authorities referred to in subsection (2) shall be kept in such form as the Auditor-General shall approve.
4. The Auditor-General shall, within twelve months of the end of the immediately preceding financial year, submit his report to Parliament and shall in that report draw attention to any irregularities in the accounts audited and to any other matter which in his opinion ought to be brought to the notice of Parliament.
5. Parliament shall debate the report of the Auditor-General and appoint where necessary in the public interest a committee to deal with any matters arising therefrom.
6. In the exercise of his functions under this Constitution or any other law, the Auditor-General shall not be subject to the direction or control of any other person or authority.
7. The provisions of subsection (6) shall not preclude the President, acting in accordance with the advice of Cabinet, or Parliament from requesting the Auditor-General in the public interest to audit at any particular time, the accounts of any body or organisation as is referred to in subsection (2).
8. The salary and allowances payable to the Auditor-General, his rights in respect of leave of absence, retiring age and other conditions of service, shall not be varied to his disadvantage after his appointment.
9. The provisions of section 137 of this Constitution, relating to the removal of a Judge of the Superior Court of Judicature, other than the Chief Justice, from office, shall apply to the Auditor-General.
10. The Auditor-General shall retire from office on attaining the age of sixty-five years or such age as may be prescribed by Parliament.
11. The administrative expenses of the office of the Auditor-General including all salaries, allowances, gratuities and pensions payable to or in respect of persons serving in the Audit Service shall be a charge upon the Consolidated Fund.
12. The accounts of the office of the Auditor-General shall be audited and reported upon by an auditor appointed by Parliament.
13. Any person appointed to be the Auditor-General for Sierra Leone shall, before entering upon the duties of his office, take and subscribe the oath as set out in the Third Schedule to this Constitution.
14. Whenever the office of the Auditor-General is vacant or the holder of the office is for any reason unable to perform the functions of his office, the President may, in consultation with the Public Service Commission, appoint a person to act in the office and any person so appointed shall, subject to the provisions of this section relating to the removal of the Auditor-General, continue to act until his appointment is revoked by the President.

120. Establishment of the Judiciary

1. The Judicial power of Sierra Leone shall be vested in the Judiciary of which the Chief Justice shall be the Head.
2. The Judiciary shall have jurisdiction in all matters civil and criminal including matters relating to this Constitution, and such other matters in respect of which Parliament may by or under an Act of Parliament confer jurisdiction on the Judiciary.
3. Judicial independence
   In the exercise of its judicial functions, the Judiciary shall be subject to only this Constitution or any other law, and shall not be subject to the control or direction of any other person or authority.
4. Structure of the courts
   The Judicature shall consist of the Supreme Court of Sierra Leone, the Court of Appeal and the High Court of Justice which shall be the superior courts of record of Sierra Leone and which shall constitute one Superior Court of Judicature, and such other inferior and traditional courts as Parliament may by law establish.
5. The Superior Court of Judicature shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this Constitution.
6. Save as may be otherwise ordered by a Court in the interests of public morality, public safety or public order, all proceedings of every Court, including the announcement of the decision of the court, shall be held in public.
7. Nothing contained in subsection (6) shall prevent a court from excluding from its proceedings persons, other than the parties thereto and their counsel, to such an extent as the Court may consider necessary or expedient—
   1. in circumstances where publicity would prejudice the interests of justice or any interlocutory proceedings; or
   2. in the interests of defence, public safety, public morality, the welfare of minors or the protection of the private lives of persons concerned in the proceedings.
8. In the exercise of the Judicial power conferred upon the Judiciary by this Constitution or any other law, the Superior Court of Judicature shall have power, in relation to any matter within its jurisdiction, to issue such orders as may be necessary to ensure the enforcement of any judgement, decree or order of the Court.
9. A Judge of the Superior Court of Judicature shall not be liable to any action or suit for any matter or thing done by him in the performance of his judicial functions.
10. The Judges of the High Court shall be entitled to sit as Justices of Appeal, and the Justices of Appeal shall be entitled to sit as Justices of the Supreme Court whenever so requested by the Chief Justice.
11. Notwithstanding the provisions of the preceding subsections, any Justice of Appeal may, on the request of the Chief Justice, sit and act as a Judge of the High Court.
12. Every such person, while sitting and acting as a Judge of the High Court, shall have all the jurisdiction, powers and privileges of, but not otherwise be deemed to be, a Judge of the High Court.
13. The provisions of subsections (11) and (12) shall apply mutatis mutandis to a Justice of the Supreme Court sitting as a Justice of Appeal.
14. Neither the Chief Justice nor any Justice of the Supreme Court or of the Court of Appeal or a Judge of the High Court may take any part in the hearing of any appeal from his own judgement or the judgement of a panel of judges of which he was a member.
15. No office of Judge of the High Court, Justice of Appeal or Justice of the Supreme Court shall be abolished while there is a substantive holder thereof.
16. Every Court established under this Constitution shall deliver its decision in writing not later than three months after the conclusion of the evidence and final addresses or arguments of appeal, and furnish all parties to the cause or matter determine with duly authenticated copies of the decision on the date of the delivery thereof.

121. Composition of the Supreme Court

1. Number of supreme court judges
   The Supreme Court shall consist of—
   1. Number of supreme court judges
      the Chief Justice;
   2. Number of supreme court judges
      not less than four other Justices of the Supreme Court; and
   3. Number of supreme court judges
      such other Justices of the Superior Court of Judicature or of Superior Courts in any State practising a body of law similar to Sierra Leone, not being more in number than the number of Justices of the Supreme Court sitting as such, as the Chief Justice may, for the determination of any particular cause or matter by writing under his hand, request to sit in the Supreme Court for such period as the Chief Justice may specify or until the request is withdrawn.
2. The Supreme Court shall, save as otherwise provided in paragraph (a) of subsection (6) of section 28 and section 126 of this Constitution, be duly constituted for the despatch of its business by not less than three Justices thereof.
3. The Chief Justice shall preside at the sittings of the Supreme Court and in his absence the most senior of the Justices of the Supreme Court as constituted for the time being shall preside.

122. Jurisdiction of the Supreme Court

1. The Supreme Court shall be the final court of appeal in and for Sierra Leone and shall have such appellate and other jurisdiction as may be conferred upon it by this Constitution or any other law:

   Provided that notwithstanding any law to the contrary, the President may refer any Petition in which he has to give a final decision to the Supreme Court for a judicial opinion.

2. Judicial precedence
   The Supreme Court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears right so to do; and all other Courts shall be bound to follow the decision of the Supreme Court on questions of law.
3. For the purposes of hearing and determining any matter within its jurisdiction and the amendment, execution or the enforcement of any judgement or order made on any such matter, and for the purposes of any other authority, expressly or by necessary implication given to it, the Supreme Court shall have all the powers, authority and jurisdiction vested in any Court established by this Constitution or any other law.

123. Appeals to the Supreme Court

1. An appeal shall lie from a judgement, decree or order of the Court of Appeal to the Supreme Court—
   1. as of right, in any civil cause or matter;
   2. as of right, in any criminal cause or matter in respect of which an appeal has been brought to the Court of Appeal from a judgement, decree or order of the High Court of Justice in the exercise of its original jurisdiction; or
   3. with leave of the Court of Appeal in any criminal cause or matter, where the Court of Appeal is satisfied that the case involves a substantial question of law or is of public importance.
2. Notwithstanding the provisions of subsection (1), the Supreme Court shall have power to entertain any application for special leave to appeal in any cause or matter, civil or criminal, to the Supreme Court, and to grant such leave accordingly.

124. Interpretation of the Constitution

1. The Supreme Court shall, save as otherwise provided in section 122 of this Constitution, have original jurisdiction, to the exclusion of all other Courts—
   1. in all matters relating to the enforcement or interpretation of any provision of this Constitution; and
   2. where any question arises whether an enactment was made in excess of the power conferred upon Parliament or any other authority or person by law or under this Constitution.
2. Where any question relating to any matter or question as is referred to in subsection (1) arises in any proceedings in any Court, other than the Supreme Court, that Court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination; and the Court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court.

125. Supervisory Jurisdiction

126. Power of Justices of the Supreme Court in interlocutory matters

127. Enforcement of the Constitution

1. A person who alleges that an enactment or anything contained in or done under the authority of that or any other enactment is inconsistent with, or is in contravention of a provision of this Constitution, may at any time bring an action in the Supreme Court for a declaration to that effect.
2. The Supreme Court shall, for the purposes of a declaration under subsection (1), make such orders and give such directions as it may consider appropriate for giving effect to, or enabling effect to be given to, the declaration so made.
3. Any person to whom an order or direction is addressed under subsection (1) by the Supreme Court shall duly obey and carry out the terms of the order or direction.
4. Failure to obey or to carry out the terms of an order or direction made or given under subsection (1) shall constitute a crime under this Constitution.

128. Composition of the Court of Appeal

1. The Court of Appeal shall consist of—
   1. the Chief Justice;
   2. not less than seven Justices of the Court of Appeal; and
   3. such other Justices of the Superior Court of Judicature as the Chief Justice may, for the determination of any particular cause or matter by writing under his hand, request to sit in the Court of Appeal for such period as the Chief Justice may specify or until the request is withdrawn.
2. The Court of Appeal shall be duly constituted by any three Justices thereof and when so constituted the most senior of such Justices shall preside.
3. Subject to the provisions of subsections (1) and (2) of section 122 of this Constitution, the Court of Appeal shall be bound by its own previous decisions and all Courts inferior to the Court of Appeal shall be bound to follow the decisions of the Court of Appeal on questions of law.
4. Parliament may create such Divisions of the Court of Appeal as it may consider necessary—
   1. consisting of such number of Justices as may be assigned thereto by the Chief Justice;
   2. sitting at such places in Sierra Leone as the Chief Justice may determine; and
   3. presided over by the most senior of the Justices of the Court of Appeal constituting the Court.

129. Jurisdiction of the Court of Appeal

1. The Court of Appeal shall have jurisdiction throughout Sierra Leone to hear and determine, subject to the provisions of this section and of this Constitution, appeals from any judgement, decree or order of the High Court of Justice or any Justice thereof and such other appellate jurisdiction as may be conferred upon it by this Constitution or any other law.
2. Save as otherwise provided in this Constitution or any other law, an appeal shall lie as of right from a judgement, decree or order of the High Court of Justice to the Court of Appeal in any cause or matter determined by the High Court of Justice.
3. For the purposes of hearing and determining any appeal within its jurisdiction and the amendment, execution or the enforcement of any judgement or order made on any such appeal and for the purposes of any other authority expressly or by necessary implication given to the Court of Appeal by this Constitution or any other law, the Court of Appeal shall have all the powers, authority and jurisdiction vested in the Court from which the Appeal is brought.

130. Power of single Justice of Appeal

131. Composition of the High Court

1. The High Court of Justice shall consist of—
   1. the Chief Justice;
   2. not less than nine High Court Judges; and
   3. such other Judges of the Superior Court or Judicature as the Chief Justice may, for the determination of any particular cause or matter, by writing under his hand request to sit in the High Court of Justice for such period as the Chief Justice may specify or until the request is withdrawn.
2. The High Court of Justice shall be duly constituted as the case may be—
   1. by any one Judge thereof; or
   2. Jury trials required
      by any one Judge thereof and a jury.
3. There shall be in the said High Court such Divisions consisting of such number of Judges respectively as may be assigned thereto by the Chief Justice; and sitting in such places in Sierra Leone as the Chief Justice may determine.

132. Jurisdiction of the High Court

1. The High Court of Justice shall have jurisdiction in civil and criminal matters and such other original appellate and other jurisdiction as may be conferred upon it by this Constitution or any other law.
2. The High Court of Justice shall have jurisdiction to determine any matter relating to industrial and labour disputes and administrative complaints.
3. Parliament shall, by an Act of Parliament, make provision for the exercise of the jurisdiction conferred on the High Court of Justice by the provisions of the immediately preceding subsection.
4. For the purposes of hearing and determining an appeal within its jurisdiction and the amendment, execution or the enforcement of any judgement or order made on any such appeal, and for the purposes of any other authority expressly or by necessary implication given to the High Court of Justice by this Constitution or any other law, the High Court of Justice shall have all the powers, authority and jurisdiction vested in the Court from which the appeal is brought.
5. Any Judge of the High Court of Justice may, in accordance with Rules of Court made in that behalf, exercise in Court or in Chambers all or any part of the jurisdiction vested in the High Court of Justice by this Constitution or any other law.

133. Claims against the Government

1. Where a person has a claim against the Government, that claim may be enforced as of right by proceedings taken against the Government for that purpose, without the grant of a fiat or the use of the process known as Petition of Right.
2. Parliament shall, by an Act of Parliament, make provision for the exercise of jurisdiction under this section.

134. Supervisory Jurisdiction of the High Court

135. Appointment of Judges, etc

1. The President shall, acting on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament, appoint the Chief Justice by warrant under his hand from among persons qualified to hold office as Justice of the Supreme Court.
2. The other Judges of the Superior Court of Judicature shall be appointed by the President by warrant under his hand acting on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament.
3. Eligibility for supreme court judges, Eligibility for ordinary court judges
   A person shall not be qualified for appointment as a Judge of the Superior Court of Judicature, unless he is entitled to practise as Counsel in a Court having unlimited jurisdiction in civil and criminal matters in Sierra Leone or any other country having a system of law analogous to that of Sierra Leone and approved by the Judicial and Legal Service Commission, and has been entitled as such Counsel in the case of appointment to—
   1. the Supreme Court, for not less than twenty years;
   2. the Court of Appeal, for not less than fifteen years;
   3. the High Court of Justice, for not less than ten years.
4. For the purposes of subsection (3), a person shall be regarded as entitled to practise as Counsel if he has been called, enrolled or otherwise admitted as such and has not subsequently been disbarred or removed from the Roll of Counsel or Legal Practitioners.
5. For the purposes of this section, a person shall not be regarded as not being entitled to practise in a court by reason only that he is precluded from doing so by virtue of his holding or acting in any office.

136. Judicial vacancies

1. Where the office of the Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then—
   1. until a person has been appointed to and has assumed the functions of that office; or
   2. until the person holding that office has resumed the functions of that office, as the case may be,

   those functions shall be performed by the most senior for the time being of the Justices of the Supreme Court.

2. Where the office of a Judge of the High Court is vacant or for any reason a Judge thereof is unable to perform the functions of his office or if the Chief Justice advises the President that the state or business in the High Court of Justice so requires, the President may, acting in accordance with the advice of the Judicial and Legal Service Commission, appoint a person who has held office as, or a person qualified for appointment as, a Judge of the Superior Court of Judicature to act as a Judge of the High Court of Justice, notwithstanding the fact that he has already attained the retiring age prescribed by section 137.
3. Any person appointed under the provisions of subsection (2) of this section to act as a Judge of the High Court of Justice shall continue to act for the period of his appointment or if no such period is specified until his appointment is revoked by the President, acting in accordance with the advice of the Judicial and Legal Service Commission.
4. Where the office of a Justice of the Supreme Court or of the Court of Appeal is vacant or for any reason a Justice thereof is unable to perform the functions of his office or if the Chief Justice advises the President that the state of business in the Supreme Court or in the Court of Appeal, as the case may be, so requires the President may, acting in accordance with the advice of the Judicial and Legal Service Commission, appoint a person who has held office as or a person qualified for appointment as a Judge of the Superior Court of Judicature to act as a Justice of the Supreme Court or of the Court of Appeal, as the case may be, notwithstanding the fact that he has already attained the retiring age prescribed by section 137.
5. Any person appointed under the provisions of subsection (4) of this section to act as a Justice of the Supreme Court or of the Court of Appeal shall continue to act for the period of his appointment or if no such period is specified until his appointment is revoked by the President acting in accordance with the advice of the Judicial and Legal Service Commission.
6. Notwithstanding the expiration of the period of his appointment, or the revocation of his appointment, a Judge appointed pursuant to the provisions of subsection (2) or (4) of this section, may thereafter continue to act, for a period not exceeding three months, to enable him to deliver judgement or do any other thing in relation to proceedings that were commenced before him previously thereto.

137. Tenure of Office of Judges, etc

1. Subject to the provisions of this section, a Judge of the Superior Court of Judicature shall hold office during good behaviour.
2. Mandatory retirement age for judges
   A person holding office as a Judge of the Superior Court of Judicature—
   1. may retire as Judge at any time after attaining the age of sixty years;
   2. shall vacate that office on attaining the age of sixty-five years.
3. Notwithstanding that he has attained the age at which he is required by the provisions of this section to vacate his office, a person holding the office of a Judge of the Superior Court of Judicature may continue in office after attaining that age, for a period not exceeding three months, to enable him to deliver judgement or do any other thing in relation to proceedings that were commenced before him previously thereto.
4. Subject to the provisions of this section, a Judge of the Superior Court of Judicature may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind or for stated misconduct, and shall not be so removed save in accordance with the provisions of this section
5. If the Judicial and Legal Service Commission represents to the President that the question of removing a Judge of the Superior Court of Judicature, other than the Chief Justice, under subsection (4) ought to be investigated then—
   1. the President, acting in consultation with the Judicial and Legal Service Commission, shall appoint a tribunal which shall consist of a Chairman and two other members, all of whom shall be persons qualified to hold or have held office as a Justice of the Supreme Court; and
   2. the tribunal appointed under paragraph (a) shall enquire into the matter and report on the facts thereof and the findings thereon to the President and recommend to the President whether the Judge ought to be removed from office under subsection (7).
6. Where the question of removing a Judge of the Superior Court of Judicature from office has been referred to a tribunal under subsection (5), the President may suspend the Judge from performing the functions of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Judge shall not be removed from office.
7. A Judge of the Superior Court of Judicature shall be removed from office by the President—
   1. if the question of his removal from office has been referred to a tribunal appointed under subsection (5) and the tribunal has recommended to the President that he ought to be removed from office; and
   2. if his removal has been approved by a two-thirds majority in Parliament.
8. If the President is satisfied on a petition presented to him in that behalf, that the question of removing the Chief Justice ought to be investigated, then—
   1. the President shall, acting in consultation with the Cabinet, appoint a tribunal which shall consist of—
      1. three Justices of the Supreme Court, or legal practitioners qualified to be appointed as Justices of the Supreme Court; and
      2. two other persons who are not Members of Parliament or legal practitioners;
   2. the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon to the President whether the Chief Justice ought to be removed from office under subsection (10), and the President shall act in accordance with the recommendations of the tribunal.
9. Where the question of removing the Chief Justice from office has been referred to a tribunal under subsection (8), the President may by warrant under his hand suspend the Chief Justice from performing the functions of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Chief Justice shall not be removed from office.
10. The Chief Justice shall be removed from office by the President—
    1. if the question of his removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the President that he ought to be removed from office; and
    2. if his removal has been approved by a two-thirds majority in Parliament.

138. Remuneration of Judges, etc

1. The salaries, allowances, gratuities and pensions of Judges of the Superior Court of Judicature shall be a charge upon the Consolidated Fund.
2. A Judge of the Superior Court of Judicature shall on retiring from office as such Judge, be entitled to such gratuity and pension as may be determined by Parliament.
3. The salary, allowances, privileges, right in respect of leave of absence, gratuity or pension and other conditions of service of a Judge of the Superior Court of Judicature shall not be varied to his disadvantage.
4. A Judge of the Superior Court of Judicature shall not while he continues in office, hold any other office of profit or emolument, whether by way of allowances or otherwise, whether private or public, and either directly or indirectly.

139. Oath of Office of Judges

140. Judicial and Legal Service Commission

1. There shall be established a Judicial and Legal Service Commission which shall advise the Chief Justice in the performance of his administrative functions and perform such other functions as provided by this Constitution or by any other law, and which shall consist of—
   1. the Chief Justice, who shall be the Chairman;
   2. the most Senior Justice of the Court of Appeal;
   3. the Solicitor-General;
   4. one practising Counsel of not less than ten years standing nominated by the Sierra Leone Bar Association and appointed by the President;
   5. the Chairman of the Public Service Commission; and
   6. two other persons, not being legal practitioners, to be appointed by the President, subject to the approval of Parliament.
2. The Chief Justice shall, acting in accordance with the advice of the Judicial and Legal Service Commission and save as otherwise provided in this Constitution, be responsible for the effective and efficient administration of the Judiciary.
3. The following provisions shall apply in relation to a member of the Judicial and Legal Service Commission who is appointed pursuant to paragraphs (d) and (f) of subsection (1)—
   1. subject to the provisions of this subsection, such member shall vacate office at the expiration of three years from the date of his appointment;
   2. any such member may be removed from office by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct; and
   3. such member shall not be removed from office except in accordance with the provisions of this subsection.
4. A member of the Judicial and Legal Service Commission shall, before assuming the functions of his office, take and subscribe before the President the oath as set out in the Third Schedule to this Constitution.

141. Appointment of Judicial and Legal Officers, etc

1. The power to appoint persons to hold or act in any office to which this section applies (including the power to make appointments on promotion and transfer from one office to another and to confirm appointments) and to dismiss and exercise disciplinary control over persons holding or acting in such offices shall vest in the Judicial and Legal Service Commission:

   Provided that the Commission may, with the approval of the President and subject to such conditions as it may think fit, delegate any of its powers under this section, by direction in writing to any of its members, or to any Judge of the High Court, or to the holder of any office to which this section applies, or, in the case of a power relating to an office connected with the Court of Appeal or the Supreme Court, to any Justice of either of those Courts.

2. This section applies to the offices of Administrator and Registrar-General, Registrar and Deputy Registrar of the Supreme Court, Registrar and Deputy Registrar of the Court of Appeal, Master and Registrar of the High Court, Deputy Master and Registrar of the High Court, any Registrar of the High Court, Deputy Administrator and Registrar-General, any Principal Magistrate, Senior Magistrate, Magistrate, Under Sheriff, First Parliamentary Counsel, Second Parliamentary Counsel, Principal State Counsel, Customary Law Officer, Senior State Counsel, Senior Parliamentary Counsel, Research Counsel, Parliamentary Counsel, State Counsel, Assistant Customary Law Officer and such other officers as may be prescribed by Parliament.

142. Appointment of Court officers

1. The appointment of officers and servants of the Courts of Sierra Leone shall, subject to the provisions of section 141 of this Constitution, be made by the Chief Justice or such other Judge or officer of the Court as the Chief Justice may direct, acting in consultation with the Judicial and Legal Service Commission.
2. The Judicial and Legal Service Commission may, acting in consultation with the Public Service Commission and with the prior approval of the President, make regulations by statutory instrument prescribing the terms and conditions of service of officers and other employees of the Courts and of the Judicial and the Legal Services established by this Constitution or any other law.

143. Fees of Court, etc

144. Official document

1. Whenever in any proceedings in a Court, other than the Supreme Court, any question arises as to the discovery of an official document, and any person or authority having custody legal or otherwise of any such document refuses, upon request, to produce that document, on the ground—
   1. that the document belongs to a class of documents which it is prejudicial to the security of the State or injurious to the public interest to produce, or
   2. that disclosure of the contents thereof will be prejudicial to the security of the State or injurious to the public interest,

   the Court shall stay the proceedings and refer the question to the Supreme Court for determination.

2. The Supreme Court may, pursuant to the provisions of subsection (1)—
   1. order any person or authority having custody, legal or otherwise, of the document to produce it; and any person so ordered shall produce the document for the purpose of inspection by the Supreme Court; and
   2. determine whether or not any such document shall be produced in the Court from which the reference was made after hearing the parties thereto or their legal representatives or after having given them the opportunity of being heard.
3. Where the Supreme Court is of the opinion that the document shall be produced, it shall make an order upon the person or authority having custody of the document to produce the same or so much of the contents thereof as is essential for the proceedings in accordance with the terms of the order.
4. Where the question of the discovery of an official document arises in any proceedings in the Supreme Court in the circumstances mentioned in subsection (1) of this section, the Supreme Court shall be governed, mutatis mutandis, by the preceding provisions of this section for the determination of the question that has arisen.

145. Rules of Court Committee

1. There shall be established a Rules of Court Committee which shall consist of—
   1. the Chief Justice, who shall be Chairman;
   2. the Director of Public Prosecutions;
   3. a Justice of the Supreme Court, a Justice of Appeal, and a Judge of the High Court, to be appointed by the Chief Justice;
   4. the First Parliamentary Counsel;
   5. a nominee of the Attorney-General and Minister of Justice;
   6. two practising Counsel of not less than ten years standing both of whom shall be nominated annually by the Sierra Leone Bar Association.
2. Subject to the provisions of this Constitution the Rules of Court Committee may make Rules of Court for regulating the practice and procedure of all Courts in Sierra Leone, which shall include rules relating to the prevention of frivolous and vexatious proceedings.

151. Establishment of Public Service Commission

1. There shall be a Public Service Commission which shall consist of a Chairman, not less than two and not more than four other members.
2. The members of the Public Service Commission shall be appointed by the President, subject to the approval of Parliament.
3. A person shall not be qualified to hold the office of a member of the Public Service Commission if he is a Member of Parliament, a Minister or a Deputy Minister, or if he holds or is acting in any public office.
4. A person who has held office or who has acted as a member of the Public Service Commission shall not within a period of three years commencing with the date on which he last so held office or acted, be eligible for appointment to any office, power to make appointments to which is vested by this Constitution in the Public Service Commission.
5. The office of a member of the Public Service Commission, unless he sooner resigns or dies, shall become vacant—
   1. at the expiration of a period of five years from the date of his appointment or such shorter period not being less than three years as may be specified at the time of his appointment;
   2. if any circumstances arise that if he were not a member of the Commission would cause him to be disqualified for appointment as such:

   Provided that a member of the Public Service Commission shall retire at the age of sixty- five years.

6. A member of the Public Service Commission may be removed by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misconduct.
7. Whenever the office of a member of the Public Service Commission is vacant or a member is for any reason unable to perform the functions of his office, the President may appoint a person who is qualified for appointment as a member of the Commission, and any person so appointed shall, subject to the provisions of paragraph (b) of subsection (5), continue to act until his appointment is revoked by the President.
8. A member of the Public Service Commission shall, before assuming the functions of his office, take and subscribe before the President the oath as set out in Third Schedule to this Constitution.

152. Appointments, etc. of public officers

1. Subject to the provisions of this Constitution, the power to appoint persons to hold or act in offices in the public service (including power to make appointments on promotion and to confirm appointments) and to dismiss and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission.
2. The President may, subject to such conditions as he may think fit, delegate any of his functions relating to the making of appointments, including power to make appointments on promotion and to confirm appointments, by directions in writing to the Public Service Commission or to a committee thereof or to any member of the Commission or to any public officer.
3. Before the Public Service Commission appoints to any public office any person holding or acting in any office, the power to make appointments to which is not vested in the Public Service Commission, it shall consult the person or authority in whom that power is vested.
4. The Public Service Commission shall, upon request made to it by any person or authority having power to make an appointment to an office under this Constitution or in any other public institution, make recommendations to that person or authority for the appointment of any public officer or any other person to any office, the power to make appointment to which is vested by this Constitution or any other law in that person, authority or public institution.
5. The power to transfer persons holding or acting in offices in the public service from one department of Government to another shall, where such transfer does not involve promotion vest in the Public Service Commission.
6. The provisions of this section shall not apply in relation to any of the following offices—
   1. the office of any Justice of the Supreme Court or of the Court of Appeal or a Judge of the High Court;
   2. the office of the Director of Public Prosecutions;
   3. the office of Auditor-General;
   4. any office to which section 141 (which relates to offices within the jurisdiction of the Judicial and Legal Service Commission) applies;
   5. any office to which section 153 (which relates to the offices of Ambassadors and certain offices) applies;
   6. any office to which section 154 (which relates to the offices of Permanent Secretaries and certain other offices) applies; and
   7. any office the remuneration of which is calculated on a daily rate:

   Provided that the power of transfer vested in the Public Service Commission under subsection (5) may be exercised in the case of persons holding any of the offices specified in this subsection where such persons express their consent in writing to such transfer.

7. No appointment shall be made under this section to any office on the personal staff of the President or the Vice-President, unless he signifies his personal approval of the appointment.
8. The Public Service Commission shall not dismiss or inflict any other punishment on a public officer on grounds of any act done or omitted to be done by that officer in the exercise of a judicial function conferred upon him, unless the Judicial and Legal Service Commission concurs therein.
9. No member of the Public Service shall be—
   1. victimised or discriminated against directly or indirectly for having discharged his duties faithfully in accordance with this Constitution, or
   2. dismissed or removed from office or reduced in rank or otherwise punished without just cause.
10. The Public Service Commission may, with the prior approval of the President, make regulations by constitutional instrument for the effective and efficient performance of its functions under this Constitution or any other law, and may, with such prior approval and subject to such conditions as it may think fit, delegate any of its powers under this section by directions in writing to any of its members or to any public officer.
11. Save as is otherwise provided in this Constitution, the Public Service Commission shall not be subject to the control or direction of any other person or authority in the performance of its functions under this Constitution or any other law.

153. Appointment of the Principal representatives of Sierra Leone abroad, Armed Forces Commanders and Inspector-General of Police

1. The power to appoint persons to hold or act in the office to which this section applies (including the power to transfer from one office to another and to confirm appointments) and to remove persons so appointed from any such office shall vest in the President.
2. The offices to which this section applies are the offices of Ambassadors, High Commissioners or other principal representative of Sierra Leone abroad, the Commanders of the Armed Forces and the Inspector-General of Police:

   Provided that the appointment to these offices shall be subject to the approval of Parliament.

154. Appointment of Permanent Secretaries and certain other officers

1. The power to appoint persons to hold or act in any of the offices to which this section applies (including the power to make appointments on promotion and transfer from one office to another and to confirm appointments) and to remove persons so appointed from any such office shall vest in the President acting in consultation with the Public Service Commission.
2. The offices to which this section applies are the offices of Secretary to the Cabinet, Secretary to the Vice-President, Financial Secretary, Director-General of the Ministry of Foreign Affairs, Establishment Secretary, Development Secretary, Provincial Secretary and Permanent Secretary.
3. Where any person holding an office mentioned in subsection (2) accepts another such office carrying higher remuneration, he shall, unless a contrary intention appears from the terms of his appointment, be deemed to have relinquished the office he was originally holding; where the second office does not carry higher remuneration, the question whether or not he shall be deemed to have relinquished the original office shall depend on the terms of his second appointment.
4. Subject to the provisions of section 152 of this Constitution, where any person has been removed under subsection (1) from any office specified in subsection (2) he may notwithstanding such removal—
   1. remain in the Public Service;
   2. continue to receive a salary not less than the salary he received before such removal; and
   3. continue to be eligible for any benefits granted to him in respect of his service as a public officer, including benefits payable under any law providing for the grant of pensions, gratuities or both,

   unless by such removal he ceases to be a member of the Public Service.

155. Establishment of the Sierra Leone Police Force

1. There shall be a Police Force of Sierra Leone, the Head of which shall be the Inspector-General of Police.
2. No person shall raise any police force except by or under the authority of an Act of Parliament.
3. No member of the Police Force shall hold office as President, Vice-President, Minister or Deputy Minister, or be qualified for election as a Member of Parliament whilst he remains a member of the Police Force.

156. Establishment of Police Council

1. There is hereby established a body to be known as The Police Council which shall consist of—
   1. the Chief Secretary of State;
   2. the Secretary of State, Department of Internal Affairs;
   3. the Inspector-General of Police;
   4. the Deputy Inspector-General of Police;
   5. the Chairman of the Public Service Commission;
   6. a Member of the Sierra Leone Bar Association who shall be a legal practitioner of not less than ten (10) years standing as a practising Barrister, and shall be nominated by that body and appointed by the Chairman, Armed Forces Revolutionary Council;
   7. two other members appointed by the Chairman, Armed Forces Revolutionary Council, subject to the approval of the Armed Forces Revolutionary Council.
2. Every member of the Police Council shall before assuming the function of his office, take and subscribe the oath as set out in the Third Schedule to the Constitution of Sierra Leon, 1991.
3. The Permanent Secretary of the Department responsible for matters relating to the Police shall be Secretary to the Council.

157. Appointments in the Police Force

1. The Inspector-General shall be appointed by the President acting on the advice of the Police Council, subject to the approval of Parliament.
2. Subject to the provisions of this Constitution, the power to appoint persons to hold or act in an office in the Police Force from the rank of Assistant Superintendent of Police and above, excluding the Inspector-General of Police, (including the power to make appointments on promotion and to confirm appointments), and to dismiss, reduce in rank and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Police Council.
3. The power to appoint persons to hold or act in any office in the Police Force below the rank of Assistant Superintendent of Police, (including the power to make appointments on promotion and to confirm appointments), and to dismiss, reduce in rank and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Police Council acting on the recommendation of the Inspector-General of Police.
4. Subject to the provisions of this section and to the control and direction of the Police Council, the Inspector-General of Police shall be responsible for the operational control and administration of the Police Force.

158. Functions of Police Council

1. The Police Council shall advise the President on all major matters of policy relating to internal security, including the role of the Police Force, Police budgeting and finance, administration and any other matter as the President shall require.
2. The Police Council may, with the prior approval of the President, make regulations for the performance of its functions under this Constitution or any other law, and for the effective and efficient administration of the Police Force.
3. Regulations made pursuant to the provisions of subsection (2) shall include regulations in respect of—
   1. the control and administration of the Police Force of Sierra Leone;
   2. the ranks of officers and men of each unit of the Police Force, the members in each such rank and the use of uniforms by such members;
   3. the conditions of service, including those relating to enrolment and to pay, pensions, gratuities and other allowances of officers and men of each unit and deductions therefrom;
   4. the authority and powers of command of officers and men of the Police Force; and
   5. the delegation to other persons of powers of commanding officers to discipline accused persons, and the conditions subject to which such delegation may be made.

159. Resignation and effect of new appointment of a person holding an established office

1. Any person who is appointed or elected to, or otherwise selected for, any office established by this Constitution, including the office of Vice-President, Member of the Cabinet, Minister or Deputy Minister, may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected:

   Provided that in the case of the Speaker or the Deputy Speaker his resignation from office shall be addressed to Parliament and in the case of a Member of Parliament his resignation from Parliament shall be addressed to the Speaker.

2. The resignation of any person from any such office as referred to in subsection (1) shall take effect, where no date is specified, when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it.

160. Re-appointment, etc

1. Subject to the provisions of this Constitution, where any person has vacated any office established by this Constitution he may, if qualified, again be appointed, elected, or otherwise selected to hold that office.
2. Where by this Constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office.

161. Protection of pension rights

1. The law applicable to any benefits to which this section applies shall, in relation to any person who has been granted, or who is eligible for the grant of such benefits, be that in force on the relevant date or any later law that is not less favourable to that person.
2. In this section “the relevant date” means—
   1. in relation to any benefits granted before the twenty-seventh day of April, 1961, the date on which those benefits were granted;
   2. in relation to any benefits granted on or after the twenty-seventh day of April, 1961, to or in respect of any person who was a public officer before that date, the twenty-sixth day of April, 1961; and
   3. in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer on or after the twenty-seventh day of April, 1961, the date on which he becomes a public officer.
3. Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws.
4. Any benefit to which this section applies (not being a benefit that is a charge upon some other public fund of Sierra Leone) shall be a charge upon the Consolidated Fund or upon such other Special Fund, whether contributory or non-contributory, as Parliament may prescribe.
5. This section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service.
6. References to the law applicable to any benefits to which this section applies includes (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits.
7. Notwithstanding any law or custom to the contrary, it shall be lawful for Parliament to enact that a person shall not be entitled to a benefit under this section, unless he has contributed to a specified Fund created for the purpose.

162. Power of Commissions in relation to the grant of pensions

1. Where any benefits to which this section applies can be withheld, reduced in amount or suspended by any law, those benefits shall not be so withheld, reduced in amount or suspended—
   1. in the case of benefits which have been granted in respect of service in the public service of any person who at the time when he ceased to be a public-officer was subject to the jurisdiction of the Judicial and Legal Service Commission or for which any person may be eligible in respect of such service, without the approval of that Commission; or
   2. in any other case, without the approval of the Public Service Commission or the appropriate Council, as the case may be.
2. No benefits to which this section applies that have been granted to or in respect of any person who is or has been a Judge of the High Court, a Justice of Appeal or of the Supreme Court, or a former Judge of the Supreme Court or for which any such person or his widow, children, dependants or personal representatives may be eligible, shall be withheld, reduced in amount or suspended on the ground that that person has been guilty of misconduct or misbehavior unless that person has been removed from judicial office by reason of such misconduct or misbehaviour.
3. This section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service whether on a contributory or non-contributory basis.

163. Power and procedure of Commissions

1. Any Commission or Council established by this Constitution may, with the consent of the President and subject to the provisions of subsection (2), by regulation or otherwise regulate its own procedure and, confer or delegate powers or impose duties on any authority of the Government for the purpose of the discharge of its functions.
2. At any meeting of any Commission or Council established by this Constitution a quorum shall be constituted if three members are present; and if a quorum is present the Commission or Council shall not be disqualified for the transaction of business by reason of any vacancy among its members and any proceedings of the Commission or Council shall be valid notwithstanding that some person who was not entitled to do so took part therein.

164. Protection of Commissions from legal proceedings