Sierra Leone’s post-war Constitution remains largely unchanged from 1991, despite the Truth and Reconciliation Commission’s recommendation for a comprehensive overhaul to ensure democratic governance and long-term stability.
That failure to act has left structural and procedural gaps unresolved, flaws that contributed to the disputed 2023 presidential election and the subsequent political impasse, and which now threaten to cause a repeat crisis unless reforms are implemented immediately. In June 2024, the Tripartite Committee, established under the Agreement for National Unity that ended the post-2023 standoff between the ruling Sierra Leone People’s Party (SLPP) and the opposition All People’s Congress (APC), produced nearly 80 recommendations on electoral, institutional, and egalitarian reforms.
Any of these recommendations would require constitutional amendments, but progress has been slow, exposing long-standing differences in priorities among political actors and a limited appetite for the compromises needed to modernise the country’s governance framework.
The late President Ahmad Tejan Kabbah officially launched a constitutional review process in January 2007, but subsequent administrations have adopted different approaches. The Institute for Security Studies cites external shocks, such as the Ebola epidemic and the COVID-19 pandemic, as contributing factors to delays. However, they also highlight a persistent lack of political will to implement reforms proposed by previous review committees. As a result, opportunities to address weaknesses in electoral and public trust institutions have been missed.
The composition and appointment procedures for Sierra Leone’s National Electoral Commission (ECSL), as well as the use of census data in electoral demarcation, are currently at the centre of controversy. The Tripartite Committee’s Recommendations 35 and 36 propose amending the Constitution’s Sections 32 and 34 to require a formal, consultative process for identifying and appointing ECSL members. The proposed mechanism would establish a search and nominating committee composed of media and civil society representatives to interview and shortlist candidates; the president would retain ultimate appointment authority but would choose from the committee’s shortlist. Proponents argue that this will reduce partisan perceptions and restore trust among political stakeholders.
Such reform reflects a deep malaise: both the APC and the SLPP have long accused each other of filling the ECSL with loyalists. In the lead-up to the 2023 elections, the APC accused the ECSL leadership, appointed by President Julius Maada Bio, of bias and urged their resignation amid allegations of electoral manipulation. These accusations undermined the electoral process’s credibility and fueled mistrust.
Census data play a contentious role in determining voter registration, constituency boundaries, and parliamentary seat allocation, which is closely related to the ECSL debate. Sierra Leone’s censuses have frequently been politicised, with results showing faster population growth in areas aligned with the ruling party. The 2015 census revealed a 42.5% increase in population to 7,092,113 in 11 years, and the SLPP, then in opposition, “wholeheartedly and unreservedly” rejected the results amid allegations that the administration had recruited Statistics Sierra Leone loyalists.
In November 2021, President Bio announced a mid-term census to “correct anomalies” and produce reliable data. However, the APC condemned the move and called for a boycott, citing it as a ploy to influence the 2023 vote. The Tripartite Committee suggested amending Sections 38(4) and 38(5) to use only decennial census results for electoral purposes, rather than ad hoc mid-term counts. Results should also be published no later than 24 months before a general election. The government’s decision to postpone the mid-term census until December 2026 has fueled APC suspicions that the timing is being manipulated ahead of the next electoral cycle, despite constitutional changes not being implemented.
Another unresolved issue is which electoral system should govern parliamentary and local council elections. The 1991 Constitution allows for both constituency-based first-past-the-post (FPTP) and district-based proportional representation (PR) systems, which have been used in elections since 1996, including in 2023. Under FPTP, voters elect individual candidates directly; under PR, voters cast ballots for parties, and seats are allocated based on party vote shares in districts. The SLPP advocates PR because it lowers costs, reduces the risk of electoral violence, and promotes national cohesion. The APC believes that PR should only be used in exceptional circumstances, such as when drawing constituency boundaries is impossible, and accuses the government of pushing PR to reconfigure the electoral map in its favour ahead of 2028.
A national dialogue on electoral systems has failed to bridge these gaps. President Bio has stated that the constitutional review is nearing completion, and stakeholders have informed the ISS that a referendum on entrenched provisions could be held in 2026, but the timeline remains uncertain. The Tripartite Committee’s proposed non-entrenched amendments need to be debated and approved in Parliament, and political agreement on an electoral framework for the 2028 vote is still pending.
With less than three years until the next general election, the cost of waiting is increasing. Finalising the constitutional review now would result in clearer, binding rules for appointing electoral officials, timing and use of census data, and the conduct of parliamentary and local elections, all of which could reduce mistrust and the risk of a repeat confrontation. If left unresolved, the legal and institutional ambiguities that fuelled last year’s crisis may recur, resulting in disputed outcomes and political instability.
Sierra Leone’s regional and international partners, such as the African Union, Economic Community of West African States, and the Commonwealth, can prioritise constitutional reform and provide technical and political support leading up to the election. However, domestic actors must eventually muster the political will to turn recommendations into binding reforms. Without decisive action now, the country risks losing its fragile gains in peace and democratic governance.
