Tonight or early tomorrow morning, Sierra Leone’s well-known 1991 Constitution lecturer, Dr. Sylvia Olayinka Blyden OOR, will give a talk on presidential tenures. She will explain how former APC leader and Chairman, President Ernest Bai Koroma, never stayed a single day beyond the limits of his two terms.
Because she is busy with other work, her office has released these lecture notes and a briefing paper now so people can read them before the audio broadcast.
*Lecture Note 1*
President Ernest Bai Koroma’s terms were:
– First term: 17 September 2007 to 23 November 2012
– Second term: 23 November 2012 to 4 April 2018
These dates stayed within the Constitution. No extra day was added.
*Lecture Note 2*
Section 42(3) of the 1991 Constitution says the elected President must take the oath of office immediately after being announced as the winner.
*Lecture Note 3*
Section 43(a) and (b) set the period when presidential elections must be held.
*Lecture Note 4*
Section 46(1)(a) fixes a President’s term at five years.
The important part in Section 49(1)(a) says that even when the five years end, the President must not leave office if a general election for Members of Parliament is still pending within the next three months.
*Lecture Note 5*
Section 83 requires Members of Parliament to take an oath before the new Parliament can start work.
*Lecture Note 6*
The proviso in Section 84(2) says Parliament must start sitting no later than 28 days after the general elections that bring in new MPs.
*Lecture Note 7*
Section 85(1) says Parliament is dissolved exactly five years after its first sitting.
*Lecture Note 8*
Section 87(1) says the next parliamentary elections must be held no earlier than 30 days and no later than 90 days after Parliament is dissolved.
*Briefing Paper*
*2007–2012*
The 2007–2012 Parliament started on 25 September 2007 when the MPs took their oaths and chose their Speaker. It was dissolved exactly five years later, on 25 September 2012.
President Koroma took his own oath earlier, on 17 September 2007, the day he was declared elected. So his five-year term ended on 17 September 2012, while Parliament still had a few days left.
Under Section 87(1), elections had to be held within 90 days after Parliament dissolved. That deadline was 24 December 2012. The elections were held on 17 November 2012 — well inside the limit.
Because a parliamentary election was still pending, Section 49(1)(a) required President Koroma to stay in office. He was re-elected and took the oath again on 23 November 2012. The new MPs took their oaths on 7 December 2012.
*2012–2018*
The 2012–2017 Parliament started on 7 December 2012 and was dissolved on 7 December 2017.
President Koroma’s second term began on 23 November 2012, so it ended on 23 November 2017 — while Parliament was still sitting.
Elections had to be held by 7 March 2018 (90 days after dissolution). They were held on exactly 7 March 2018.
Again, because the parliamentary election was pending, the Constitution required him to remain in office. Julius Maada Bio was declared winner on 4 April 2018 and took the oath that day. The new MPs were sworn in on 25 April 2018.
*President Bio’s first term and 2023*
The 2018–2023 Parliament started on 25 April 2018 and was dissolved on 25 April 2023.
President Bio took the oath on 4 April 2018, so his five years ended on 4 April 2023, while Parliament was still in place.
Elections had to be held by 24 July 2023. They were held on 24 June 2023.
Section 49(1)(a) again required him to stay until the election process finished. He was re-elected and took the oath on 27 June 2023. The new MPs were sworn in on 13 July 2023.
*Both presidents followed the same rule*
Neither Ernest Bai Koroma nor Julius Maada Bio added any unlawful extra time. The Constitution forced both of them to remain in office while a parliamentary election was pending, and both obeyed it.
*What happens in 2028*
The current 2023–2028 Parliament started on 13 July 2023 and will be dissolved on 13 July 2028.
President Bio’s current term began on 27 June 2023, so it ends on 27 June 2028 — while Parliament is still sitting.
Elections must then be held no later than 11 October 2028 (90 days after dissolution).
Under Section 49(1)(a), President Bio must stay in office until those elections are finished and the next President takes the oath. If there is a run-off, he stays until that is completed too.
*Conclusion
Under the present Constitution, unless a serious emergency such as a civil war occurs, no President can stay beyond the 90-day window after Parliament is dissolved.
Ernest Bai Koroma did not do it in either of his terms. Julius Maada Bio did not do it in 2023, and there is no reason to expect him to do it in 2028 unless a major emergency happens.
By Christmas 2028, Sierra Leone should already have a new, democratically elected President.
These are the lecture notes. The full audio lecture will be released later as a special broadcast by Dr. Sylvia Olayinka Blyden OOR.
About The Author
