Law library · Sierra Leone · REPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12
Section 31: President.
Status not yet checkedREPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12, 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, Parliament 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.
If a motion is declared to be passed under subsection (2) of this Section—
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 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) If 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 be, such gross misconduct as is incompatible with his continuance in office as President and, if
Parliament so resolves, the President shall cease to hold office u n the third day following the passage of the
resolution.
(6) Whenever the office of President becomes vacant by virtue of the President ceasing to hold that office consequent
upon the resolution of Parliament made in accordance with subsection (5) of this Section the First Vice-President or
such other person appointed by the Cabinet shall perform those functions until a Presidential Election is held.
Secretary to the
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