Appointment of Edmond Alpha as Chief Electoral Commissioner of Sierra Leone is wrong, unlawful, and a threat to democracy

Joseph Fitzgerald Kamara: Sierra Leone Telegraph: 28 February 2026:

An open Letter to H.E. Brig. Rtd. Dr Julius Maada Bio, President of Sierra Leone

His Excellency Sir:

Re: APPOINTMENT OF EDMOND ALPHA AS ELECTORAL COMMISSIONER-A BREACH OF CONSTITUTTIONAL INTEGRITY AND A THREAT TO DEMOCRACY

The appointment of Mr. Edmond Sylvester Alpha as Chief Electoral Commissioner of the Electoral Commission for Sierra Leone (ECSL) is fundamentally wrong, unlawful, and a threat to our democracy.

This appointment violates the spirit and letter of the 1991 Constitution, undermines binding international peace agreements, and disregards the overwhelming demand of the Sierra Leonean people for comprehensive electoral reform. It represents a direct assault on the independence of the Electoral Commission and jeopardizes the credibility of all future elections

Procedural Unlawfulness: A Breach of Constitutional Integrity

The process leading to Mr. Alpha’s nomination is legally tainted for the following reasons:

Violation of Pending Constitutional Amendments

The Government is currently advancing the Constitution of Sierra Leone (Amendment) Act 2025 Bill, which is before Parliament. This Bill, derived from the Tripartite Agreement and the Constitutional Review Committee (CRC) report, fundamentally amends Section 32 to establish a Search and Nomination Committee. This committee is designed to ensure transparent, merit-based, and consultative appointments to the ECSL.

Proceeding with a substantive, permanent appointment while this amendment is pending constitutes a deliberate act of bad faith. It seeks to entrench a Chief Electoral Commissioner under the old, discredited system specifically to pre-empt and nullify the very reforms the nation has agreed upon. As the Institute for Legal Research and Advocacy for Justice (ILRAJ) has stated, this move “preempts these reforms and weakens their purpose.”

Inadequate and Ineffective Consultation

Section 32(3) of the Constitution of Sierra Leone (Act No. 6 of 1991) mandates that the President appoint members of the Electeral Commission only “after consultation with the leaders of all registered political parties.” The constitutional intent of this clause is to build multiparty consensus and ensure the appointment of a genuinely non-partisan figure.

The so-called “consultation” in this instance has been widely condemned as a mere procedural formality. Notably, the practice has been reduced to sending letters requesting feedback within impossibly short timeframes, a process that falls fundamentally short of genuine, meaningful engagement.

While some parties may have responded, the substance and spirit of “consultation” were absent, rendering the process legally deficient. Our party, the All People’s Congress (APC), has formally raised serious concerns, stating that the appointment is a “direct assault” on the Agreement for National Unity.

An appointment made without genuine cross-party consensus cannot be considered lawful under the Constitution’s intended meaning.

Substantive Unlawfulness: Violation of the ECSL’s Constitutional Independence

The Constitution explicitly guarantees the independence of the Electoral Commission. Section 32(11) states unequivocally: “In the exercise of any functions vested in it by the Constitution, the Electoral Commission shall not be subject to the direction or control of any person or authority.”

Mr. Alpha’s appointment violates this principle of independence in two critical ways:

Perception of Partisanship

Mr. Alpha’s nomination continues a dangerous pattern of appointing individuals perceived to be aligned with the ruling Sierra Leone People’s Party (SLPP) to head critical oversight institutions. This perception alone erodes public trust.

A truly independent Commission must be, and must be seen to be, scrupulously impartial. To suggest an ethnic audit of public institutions may be a step too far, but perhaps the reality is uncomfortably close to the truth.

Undermining Institutional Neutrality

By forcing through this appointment against the backdrop of the disputed 2023 elections and despite explicit objections from key stakeholders, the Executive has demonstrated its intention to control the Commission. Placing a Chief Electoral Commissioner who is hostile to election observers and dismissive of reform, through a contested process, directly contravenes the Commission’s mandate to operate free from external control.

Factual Grounds: Unfitness for Office

Beyond procedural and constitutional violations, Mr. Alpha is demonstrably unfit for this office based on his conduct:

Direct Allegations of Electoral Fraud

Mr. Alpha’s integrity is seriously in question. During his tenure as Regional Commissioner, a by-election result for Ward 155 in Koinadugu District was allegedly forged by a staff member.

Evidence shows that a result of “049” votes was fraudulently altered in the system to “149” to favour the SLPP candidate. Despite overwhelming evidence and protests, Mr. Alpha nonetheless declared the SLPP candidate duly elected and took no disciplinary action.

A Chief Electoral Commissioner who presides over and validates fraudulent results cannot be trusted to safeguard future elections.

Open Hostility to Electoral Oversight

Mr. Alpha has demonstrated open hostility toward electoral observers. Under his watch, representatives of the National Elections Watch (NEW), the most prominent local observer group were barred from Elections Management Meetings simply for stating their professional observation that the 2023 elections required a run-off.

This behaviour reveals a contempt for transparency and accountability that is the antithesis of the ECSL’s guiding principles.

Contempt for the Reform Process

In a widely circulated video, Mr. Alpha is reported to have stated that the 2028 elections would not differ from the “statistically improbable” and internationally discredited 2023 elections. This statement is a direct affront to the Tripartite Agreement and the will of the Sierra Leonean people.

It confirms that his leadership would entrench the flawed status quo rather than deliver the credible, transparent elections our nation desperately needs.

Conclusion and Reliefs Requested

For these reasons, the appointment of Edmond Sylvester Alpha as Chief Electoral Commissioner is not merely a poor political choice; it is an unlawful act that subverts the Constitution, breaches international agreements, and disenfranchises the people of Sierra Leone.

Reliefs Requested:

1. That Your Excellency, Mr. President, immediately withdraw the nomination of Mr. Edmond Sylvester Alpha.
2. That we crave your indulgence to halt all appointments under the old system and allow Parliament to reconsider deliberations on the Constitutional Amendment Bill 2025.
3. That a new appointment process be initiated, led by a Search and Nomination Committee, to select a Chief Electoral Commissioner who is independent, impartial, and committed to genuine reform.

Mr. President Sir, the credibility of our democracy hangs in the balance. Should your consideration of these requests be in the negative, regrettably, we remain poised to exercise the option to call on Parliament to reject this nomination and uphold the rule of law.

Faithfully Submitted

Joseph Fitzgerald Kamara, Esq. (Commander of the Order of the Republic of Sierra Leone)