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Law library · Sierra Leone · The Constitution of Sierra Leone, 1991

Section 51: President.

In force, as amendedThe Constitution of Sierra Leone, 1991, Sierra Leone

(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— a. 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 b. 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)— a. 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; b. 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; c. 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 if finds that the particulars of any allegation 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 twothirds of all the Members of Parliament, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, 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.

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