APC MPs Walk Out As Dispute Over Constitutional Amendment Threshold Deepens

A disagreement over the constitutional threshold required for Parliament to approve amendments to Sierra Leone’s 1991 Constitution has led to a walkout by Members of the All People’s Congress (APC) Parliamentary Caucus.

The development occurred on Thursday during parliamentary deliberations on proposed constitutional amendments, after the Speaker ruled on the basis for determining majority decisions during the proceedings.

The APC Caucus objected to the position that decisions could be determined by a majority of Members present in the Chamber, arguing that constitutional amendments are subject to a specific voting requirement based on the total membership of Parliament.

Minority Leader Hon. Abdul Kargbo subsequently led the APC MPs out of the Chamber.

At the centre of the disagreement is Section 108 of the 1991 Constitution, which prescribes the procedure for altering the country’s supreme law. Under Section 108(2), a Bill seeking to alter the Constitution requires the support of not less than two-thirds of all Members of Parliament before it can be passed.

The APC Caucus maintains that the requirement must be observed when Parliament considers constitutional amendment Bills and that the threshold should not be determined solely by the number of Members present during a sitting.

The disagreement has introduced a procedural dimension to the ongoing consideration of the proposed constitutional amendments, although the specific provisions being amended were not detailed in the statement issued by the opposition caucus.

Following the departure of the APC MPs, parliamentary proceedings continued with Members who remained in the Chamber.

In a statement issued after the walkout, Minority Leader Hon. Abdul Kargbo defended the decision, saying the opposition Members acted to uphold the constitutional provisions governing amendments to the Constitution.

“As Members of Parliament, we must never become part of any procedure that goes against the Constitution,” Mr. Kargbo stated.

He rejected the suggestion that the action amounted to a boycott of Parliament, describing it instead as a principled position against what the APC considers a procedurally unconstitutional approach to the amendment process.

Mr. Kargbo also said opposition Members would return when Parliament reconvenes, emphasising their continued responsibility to represent their constituents.

The statement was signed by Deputy Parliamentary Spokesman Hon. Alpha Ben Mansaray.

The constitutional provision at the heart of the disagreement is distinct from the general voting procedure used for ordinary parliamentary questions.

While ordinary decisions may generally be determined by a majority of Members present and voting, constitutional amendments are governed by the specific requirements contained in Section 108 of the Constitution.

Parliament currently has 149 Members. On that basis, two-thirds of the total membership amounts to 99.33, meaning that at least 100 votes would be required to meet the constitutional threshold.

The issue before Parliament therefore extends beyond the number of Members present at a particular sitting and concerns how the constitutionally prescribed threshold should be applied when the House considers legislation seeking to alter the Constitution.

The parliamentary majority has continued with proceedings following the APC walkout, but it remains unclear how the disagreement over the voting procedure will be resolved or whether it will affect subsequent stages of the amendment process.

The development places the constitutional threshold at the centre of the latest parliamentary disagreement, with the APC insisting that any attempt to alter the Constitution must comply strictly with the requirements set out in the 1991 Constitution.