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

Section 65: Solicitor- General.

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

(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 the 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— a. 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 b. 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 of inability to discharge the functions of his office as stated in subsection (9) or for misbehaviour. Director of Public

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