Section 178: Preservation of existing offices.

(1) Where any office has been established by or under the existing Constitution or any existing law, and thisConstitution establishes or provides for the establishment of a similar or an equivalent office including the office of President, Vice-President, Minister, Member of the Cabinet, Attorney-General and Minister of Justice, Deputy Minister or any person who, immediately before the commencement of this Constitution, holds or is acting in the former office shall, so far as is consistent with the provisions of this Constitution, be deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in the latter office in accordance with the provisions of this Constitution: a. any person who under the existing Constitution or any existing law would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or on the attainment of that age; b. no alteration made in the functions, powers or duties of any office by this Constitution shall entitle the holder thereof for the purpose of any law with respect to pensions benefits to be treated as if his office had been abolished. (2) The person who holds the office of President of the Republic of Sierra Leone immediately before the coming into force of this Constitution shall continue to be the President of the Republic of Sierra Leone after the commencement of this Constitution until the first Presidential election is held under this Constitution; Provided that the period served after the commencement of this Constitution shall not count as a term or part of a term for the purposes of subsection (1) of section 46. (3) the offices of Vice-Presidents under the existing Constitution shall remain in force until the first dissolution of Parliament under this Constitution. (4) Any person who, by virtue of this section is deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in any office shall also be deemed as from the commencement of this Constitution to have been appointed, elected or otherwise selected to hold or act in that office, and shall also be deemed to have taken and subscribed any necessary oath under this Constitution. (5) The High Court of Justice established under the provisions of subsection (4) of section 120 of this Constitution shall be the successor to the High Court in being immediately before the coming into force of this Constitution. (6) The Court of Appeal established under the provisions of subsection (4) of section 120 of this Constitution shall be the successor to the Court of Appeal in being immediately before the coming into force of this Constitution; and accordingly the Court of Appeal as established by this Constitution shall be bound to follow the decisions on questions of law binding on the Court of Appeal as it existed immediately before the coming into force of this (7) The Supreme Court established under the provisions of subsection (4) of section 120 of this Constitution shall be the successor to the Supreme Court in being immediately before the coming into force of this Constitution. (8) The persons who immediately before the entry into force of this Constitution were Justices of the Supreme Court, or Justices of the Court of Appeal, Judges of the High Court established under Chapter VI of the existing Constitution shall be deemed to have been appointed respectively Justices of the Supreme Court, Justices of the Court of Appeal and Judges of the High Court established by this Constitution. (9) The person who immediately before the entry into force of this Constitution held the office of Chief Justice of the Judiciary established under sections 100 and 101 of the existing Constitution shall be deemed to have been appointed Chief Justice, and a Justice of the Supreme Court under this Constitution. (10) A person who is a member of the Public Service Commission established by the existing Constitution may, notwithstanding that by reason of his having held or been nominated for election to any office before the coming into effect of this Constitution, he is disqualified to be appointed as a member of the Public Service Commission established by this Constitution, continue in office under this section as a member of that Commission and be reappointed thereto upon the expiration of his term of office. (11) In this Chapter, "pensions benefits" means any pensions, compensations, gratuity, or other like allowances for the holder of that office in respect of his service as a public officer or for the widow, children, dependants or personal representative of such holder in respect of such service, whether or not accruing from a contributory basis. (12) Reference in this Chapter to the law with respect to pensions benefits includes, without prejudice to their generality, references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended, and the law regulating the amount of any such benefits. (13) Notwithstanding anything contained in this Constitution to the contrary, any Commission or Committee of Inquiry in existence immediately before the coming into force of this Constitution may continue in existence until the submission of its report or otherwise dissolved according to law.