HAS THE CREDIBILITY OF OUR NATIONAL ELECTORAL COMMISSION; OUR JUDICIARY, OUR POLICE FORCE AND OUR POLITICAL PARTIES REGISTRATION COMMISSION, ALL GONE UP IN SMOKE????? IS THIS
THE BEGINNING OF THE END OF THIS CHAPTER IN SIERRA LEONE????
FIRST TIME IN OUR HISTORY - THE EUROPEAN UNION OBSERVERS CONDEMNED OUR NEC, JUDICIARY, POLICE AND PPRC! LOCAL COMMENTARIES ARE RAMPANT WITH ECHOS OF THIS CONDEMNATION! SO, MAADA, WHAT IS THE FUTURE NOW??
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| NEC Commissioner Mohammed K Konneh |
HOW NEC AND THE GATEKEEPERS OF OUR DEMOCRACY ARE FAILING By Basita Michael
From 2002-2018, Sierra Leone witnessed peaceful transitions of power, which offered hope in a region where attempts to circumvent term limits, coups, and bloody transfer of power are predominant. Although final reports of international observation missions mention some shortcomings, all the reports concluded that these challenges and weaknesses did not affect the outcome of the elections and their legitimacy.
The Carter Center’s final report regarding the 2002 elections concluded that “the electoral process ... enabled voters to freely express their democratic choices and ... the official results reflected the will of the voters. Although the elections were far from perfect, they were characterized by robust political participation, inclusiveness, competence, and dignity.”
Likewise, regarding the 2012 elections, the Center “noted some limited administrative shortcomings,” it reported that “the electoral process was well-conducted by National Electoral Commission officials, that polling staff performed admirably in difficult conditions, and that the people of Sierra Leone turned out in high numbers to cast their ballots freely. The electoral process was conducted with a high degree of transparency.”
Ahead of the 2023 elections, the fundamental question is not who will win but whether it will be orderly and transparent. A free and fair election will give the winner legitimacy that will prevent conflict.
OPTIMISM WILL BE AN ERROR OF JUDGMENT
Reflecting on the controversies and uncertainties surrounding the rerun bye-elections in Constituency 110 and the local council election ward 155 in Koinadugu, it will be an error of judgment to be optimistic that NEC will receive the same degree of confidence expressed in the last two decades.
NEW conducted a Pre-elections assessment study in all five election locations where the communities highlighted concerns ranging from; Lack of Community Engagement prior to the announcement of the new date for election in Constituency 110, Importation of Youths into Election Precincts to cause violence, Mistrust in the Sierra Leone Police, the Legality of the Re-run Election, Political Interference ahead of the Election,Intra-party Conflict and Paramount Chiefs Interference in Politics and Women’s Political
Intimidation and Marginalization.”
In the 2018 general elections, Jean Lambert, the Chief Observer of the EU EOM and a Member of the European Parliament (MEP), declared that “Despite numerous challenges, the National Election Commission delivered what is assessed so far as a transparent, credible and well-organized electoral process.”
A press statement by NEW dated December 13, 2020, on the elections in Constituency 110 stated that the pre-election period was characterized by violence and intimidation. The report noted that “
More than a year since that report and more than two years since the incidents of violence perpetrated in the rerun bye-elections held on August 24, 2019, in Constituency 110, there has been no investigation of any sort.
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According to NEW’s Report, “A man who NEW cannot recognize and who throughout the day was being consulted by the SLPP party agents in the polling centre ordered voting to stop and started destruction of the ballot boxes and voting materials, after which a group of men rushed into the polling stations destroying ballot boxes and other election materials.” “A black RAV4 vehicle with no number plate but with an inscription’ CEO of Soja Team Paopa’ with the SLPP logo was plying the elections centres vicinities.”
Another incident took place during the rerun of the elections. NEW reported that “In Kent Village, the Minister of Lands and Country Planning Dr. Dennis Sandi went into polling centre 15084 with two vehicles (Toyota Land Cruiser Registered No. AEE 403 and a blue Jeep with registration No. AMK 884) and men dressed in black suits and an armed Military personnel even before polls opened and was obstructing the work of NEC. He defied the assigned security personnel deployed at the polling station and insisted on staying at the polling centre, though he was not accredited. The roving police patrol headed by AIG Brima Jah also approached him, but he still resisted to leave the polling centre. The men in black suits that were with the Minister threatened the ONS Regional Coordinator of Western Rural District who was also roving that she would lose her job for asking the Minister to leave the centre.”
To the outrage and dismay of many, no one was prosecuted. As the election was marred
by violence, NEC cancelled it, and another rerun was held on December 12, 2020.
was invaded, ballot boxes and other election materials were destroyed, and despite the reported open
Thus, though the polling station
acts of intimidation by a government official, no one was investigated or prosecuted.
It’s one thing to persistently hear of violence by unknown persons and the use of state resources by the incumbent for partisan purposes, but to persistently hear of high-profile government officials and politicians openly and brazenly interfering in elections before and during polls and to hear of a candidate physically assaulting citizens without any form of accountability is a pattern that raises a serious alarm andput our democratic credentials in question.
and disruption and suspension of the tallying process.”
Moreover, for Ward 155 Constituency 046 Local Council Bye elections, despite the complaints by the APC of an official of NEC tampering with the results giving the SLPP candidate 100 extra votes, NEC on October 6, 2021, declared Kalie Thoronka, the SLPP candidate, duly elected.
Likewise, despite the SLPP’s complaints about acts of violence and intimidation by APC thugs, recruitment by NEC of Ward coordinators who are APC, ballot stuffing, multiple voting and interference by the APC in respect of the Koinadugu District Council Chairman, Kargbo Lawrence Teteh was declared the winner. Thus, the pattern of impunity continues. It’s over three weeks and yet again, there is no indication of any investigation or prosecution.
HOW THE GATEKEEPERS OF OUR DEMOCRACY ARE FAILING US
This leads to another striking question, what have our oversight institutions done to demonstrate the will to defend our democracy and electoral process? It appears from the onset that the gatekeepers of our democracy and oversight institutions, including PPRC, Parliament, the media, and civil society, have abandoned their duties to call out NEC and the Police all those responsible for endangering our democratic process.
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According to NEW’s Report, “A man who NEW cannot recognize and who throughout the day was being consulted by the SLPP party agents in the polling centre ordered voting to stop and started destruction of the ballot boxes and voting materials, after which a group of men rushed into the polling stations destroying ballot boxes and other election materials.” “A black RAV4 vehicle with no number plate but with an inscription’ CEO of Soja Team Paopa’ with the SLPP logo was plying the elections centres vicinities.” To the outrage and dismay of many, no one was prosecuted. As the election was marred by violence, NEC cancelled it, and another rerun was held on December 12, 2020.
Another incident took place during the rerun of the elections. NEW reported that “In Kent Village, the Minister of Lands and Country Planning Dr. Dennis Sandi went into polling centre 15084 with two vehicles (Toyota Land Cruiser Registered No. AEE 403 and a blue Jeep with registration No. AMK 884) and men dressed in black suits and an armed Military personnel even before polls opened and was obstructing the work of NEC. He defied the assigned security personnel deployed at the polling station and insisted on staying at the polling centre, though he was not accredited.
The roving police patrol headed by AIG Brima Jah also approached him, but he still resisted to leave the polling centre. The men in black suits that were with the Minister threatened the ONS Regional Coordinator of Western Rural District who was also roving that she would lose her job for asking the Minister to leave the centre.”
Thus, though the polling station was invaded, ballot boxes and other election materials were destroyed, and despite the reported open acts of intimidation by a government official, no one was investigated or prosecuted.
It’s one thing to persistently hear of violence by unknown persons and the use of state resources by the incumbent for partisan purposes, but to persistently hear of high-profile government officials and politicians openly and brazenly interfering in elections before and during polls and to hear of a candidate physically assaulting citizens without any form of accountability is a pattern that raises a serious alarm and put our democratic credentials in question.
Although NEW’s report states that “Generally, the Voting and Counting ended peacefully, there were incidents of widespread and unprecedented political intimidation and thuggery ranging from the burning of ballot papers and other materials, disruption of the voting process, disruption of the counting process and running away with ballot papers and the sealed ballot box, vandalization of vehicles, the use of vehicles without registration number plates, the movement of thugs from one centre to the other with motorbikes and disruption and suspension of the tallying process.”
Moreover, for Ward 155 Constituency 046 Local Council Bye elections, despite the complaints by the APC of an official of NEC tampering with the results giving the SLPP candidate 100 extra votes, NEC on October 6, 2021, declared Kalie Thoronka, the SLPP candidate, duly elected.
Likewise, despite the SLPP’s complaints about acts of violence and intimidation by APC thugs, recruitment by NEC of Ward coordinators who are APC, ballot stuffing, multiple voting and interference by the APC in respect of the Koinadugu District Council Chairman, Kargbo Lawrence Teteh was declared the winner. Thus, the pattern of impunity continues. It’s over three weeks and yet again, there is no indication of any investigation or prosecution.
HOW THE GATEKEEPERS OF OUR DEMOCRACY ARE FAILING US
This leads to another striking question, what have our oversight institutions done to demonstrate the will to defend our democracy and electoral process? It appears from the onset that the gatekeepers of our democracy and oversight institutions, including PPRC, Parliament, the media, and civil society, have abandoned their duties to call out NEC and the Police for not credibly investigating these incidents of violence and bring to account all those responsible for endangering our democratic process.
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Lurking underneath these concerns is the perceived politicization of the Judiciary and its lack of independence. In what appears to be a systematic effort to weaken the opposition, the Judiciary has given controversial rulings and judgments that have led to further distrust of its ability to independently adjudicate in election-related matters. It is no gainsaying that the court’s inability to decide election matters impartially and in a timely manner, as documented in several Election Observation mission reports, is another major factor that has placed the integrity and ability of the Judiciary to oversee a fair electoral process in serious question.
WILL AN ELECTION OBSERVATION MISSION BE ENOUGH?
According to NEW, “Political parties are not doing enough to curb the violence in elections... Elections in the country have become characterized by unbridled violence and lawlessness. The continued deep animosity and political intolerance between APC and SLPP continues to undermine credible elections and democratic practices in Sierra Leone.”
In light of the above, it becomes apparent that our problem is not technical as much as it is political and therefore raises the question of whether an Election Observation Mission will be sufficient for the 2023 Elections and how effective they will be?
In light of the uncertainties and controversies surrounding NEC and as the indifference by key oversight institutions continues, one of the main things to consider is to ensure that long-term international and national observers are deployed very early. This may help prevent covert means of pre-election manipulation. As the 2023 elections approach, signs of strategic manipulation are starting to appear. According to the EU Election Follow-up Mission press release of October 29, 2021,” The mid-term Census is unprecedented; the stated reason for it is highly contested. The use of an optional census to provide data which might be used to change electoral boundaries shortly before an election is not conducive to the political atmosphere or good electoral practice. The Mission repeats its recommendation that the voter register should be automatically produced from the civil register, which would save money and time. The Mission has not seen evidence that sufficient progress has been made on this important issue.”
Other examples are the alleged increment in salaries of NEC’s employees as revealed by the Africanist Press and the appointment of NEC Commissioners “without consultation,” including the recent appointment of Zainab Umu Moseray as Commissioner Western Region.
In the Press release of the EU Election Follow-up Mission, it is stated that “The implementation of the 29 recommendations made by the EU Election Observation Mission in 2018 “would enhance the credibility,inclusivenessand transparency of Sierra Leone’s 2023 elections.” Perhaps they will but considering that 2023 is just around the corner, sweeping changes by 2023 to reverse the situation is not realistic. Despite the tremendous efforts by the EU and other international actors have to encourage reforms in the electoral process, implementation is unacceptably slow.
According to the EU Elections Report 2018, “Of the 29 recommendations offered by the 2018 EU EOM, 25 are considered to require changes of primary legislation, 9 of these would also involve changes in the Constitution.” Up to date, the said legislations have not been passed, the Constitutional Review process has been stalled and there seems to be no certainty as to what has been done with the six recommendations classified as a priority by the EU.
MOBILIZING A VOTE OF NO CONFIDENCE IN NEC AND OVERSIGHT INSTITUTIONS
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In short, the current conditions of NEC and our oversight institutions in Sierra Leone raise serious questions about their neutrality and impartiality in overseeing and holding credible elections. Until we take strong stances against all those responsible for lowering the bar of electoral integrity, the trend of violence, intimidation and interference can be expected to continue.
CSO’s, NGO’s INGO’s and the Inter-Religious Council as well can play a crucial role in mobilizing the call for NEC and our oversight institutions to be made truly independent. They can be reformed and reconstituted. Therefore, it is vital for the political parties, and civil society to go beyond press statements and continue to find the courage to demand loudly and firmly a truly independent NEC and credible oversight bodies that will ensure that the 2023 elections are fair.
Efforts to save our democratic process now heavily depend on the resilience of civil society and the stances of regional and international actors. Some civil society groups such as NEW are already doing the right thing. The EU is one international partner making tremendous efforts, clearly seen in its recent follow-up
press release. However, as election day fast approaches, more has to be done.
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COCORIOKO NEWS!!
National Elections Watch accuses SLPP of serious elections malpractices at last weekend’s Koinadugu elections
NATIONAL ELECTION WATCH (NEW)
A Coalition of Civic and Non-Governmental Organizations 8 Sawi Drive, Off King Harman Road, Freetown. +232-76-737-231
nationalelectionwatchsl@gmail.com www.nationalelectionwatchsl.org
Press Statement for Immediate Release
Freetown, 4th October 2021: Koinadugu Bye-elections Marred by Widespread Political Intimidation, Incidents of Thuggery and Suspension of Tallying
The National Electoral Commission (NEC) conducted 2 Bye-elections for the Chairperson for the Koinadugu District Council and Councillor for Ward 155 on Saturday, 2nd October 2021. Generally, the Voting and Counting ended peacefully, but there were incidents of widespread and unprecedented political intimidation and thuggery ranging from the burning of ballot papers and other materials, disruption of voting process, disruption of counting process and running away with ballot papers and sealed ballot box, vandalization of vehicles, the use of vehicles without registration number plates, the movement of thugs from one centre to the other with motor bikes and disruption and suspension of the tallying process. Amidst all of these negative and undemocratic practices, the citizens of Koinadugu district came out and voted.
National Election Watch (NEW) commends NEC for the resilience exhibited in conducting the 2 bye- elections amidst a plethora of challenges that should have been avoided by the competing political parties. NEW further commends the Political Parties Registration Commission (PPRC) for being responsive to the pre-election tensions by issuing a press statement admonishing all political parties to conduct themselves within the confines of the law. Despite these gallant efforts by these 2 Electoral Management Bodies (EMBs), the environment remained tense and ended up in the current predicament that reflects negatively on the country’s hard-won democracy.
National Election Watch (NEW) observed both Bye-elections in line with its mandate to assess the extent to which standards of holding democratic elections as espoused in the 1991 Constitution, the Public Elections Act (PEA) of 2012 and other regional and international principles are adhered to. NEW was formally accredited by NEC and continued in this important aspect of electoral observation as has been the case in the past previous elections dating back to 2002.
NEW observed the entire process including opening, polling, closing and counting, tallying and what should have ended with the announcement of provisional results. NEW recruited, trained and deployed observers in all the 300 polling stations. NEW also deployed 21 supervisors and 4 roving teams of 3 each. Additionally, NEW undertook a pre-election assessment, to gauge the preparedness of EMBs, Election Stakeholders and citizens and issued a public statement that warned of the appalling intimidation and undemocratic tendencies shown by the political parties with the aim of disenfranchising the citizenry to enjoy their right by participating in the choice of their elected leaders.
Today, 4th of October 2021, NEW wishes to announce the following Findings in relation to the bye- elections in Koinadugu District:
i. Polling stations were opened on time across the district.
ii. NEC Staff were mainly youth with a fair balance of male and female.
iii. Essential voting materials (such as ballot boxes, ballot papers, seals, voting booths, voter register, NEC stamps, indelible ink and Result Reconciliation Forms (RRFs) were available in all polling stations. Tactile ballot guide were available in some polling stations.
iv. There were long distances between polling centres in areas outside urban centres. Some voters had to walk for more than 7 miles to access their polling centres.
v. Hand washing facilities were available in all polling centres.
vi. Temperature machines were seen in some polling centres.
vii. The 2 contesting political parties (APC and SLPP) deployed agents in all Polling Stations.
viii. Security personnel from the Sierra Leone Police (SLP) were deployed and visible in most polling centres and seen in some hotspot areas such as Kabala, Bafodia, Fadugu and Alkalia which had heavy police presence. However, in some polling centres, the presence of the police was thin.
ix. There was an influx of ‘imported’ youth and political party stalwarts into the district on polling day.
x. There were movements of thugs from one centre to the other with motor bikes in some areas of the district.
xi. The use of vehicles without registration number plates, carrying unidentified youth and some of them wearing military camouflage.
xii. Observers/Election Stakeholders included PPRC, Office of National Security (ONS), British High Commission Officials, Election Conflict Prevention and Mediation Group (ECPMG) and the Media.
xiii. Senior NEC officials were also on the ground to support the process.
Reported Incidents
a) At Centre Code 6048 Open Space, One-Mile Shanghai, polling station 3, the APC party agent protested over 3 doted marks found on some ballot papers against the SLPP candidate voting space in one of the ballot books and insisted that the entire affected ballot book be cancelled. As a result, there was a standoff which stopped voting for a while. During the standoff, NEC made an attempt to clarify the doted marks which went unheeded. In the ensuing event, Dr. Kaifala Marah of the APC then came to address the concern of the APC party agent by suggesting that voting be allowed to continue noting that, during the course of counting those doted lines should not invalidate any ballot. Whilst both sides were trying to resolve this impasse, then came in the Deputy Minister of Political and Public Affairs, Mr. Amara Kallon and the Minister of Youth Affairs, Mr. Mohamed Orman Bangura. The 2 Government Ministers forcefully pushed people out of the polling station which compounded the chaos. In a related scuffle, the marshals who accompanied the 2 ministers vandalized the left driving mirror of the car belonging to Minkailu Koroma (Esq.) of the APC that was packed around the polling centre.
b) At Centre Code 6047, RC Primary School Kabala, whilst voting was going on, a green Honda CRV Jeep speedily drove into the polling precinct that steered panic amongst voters on the queues. The police tried to stop him but he forced his way into the centre which triggered angry reaction from voters who pelted stones on the vehicle and completely vandalized it. The driver in question was arrested by the police for obstructing the voting process. Voting stopped for over 1 hour.
c) At Centre Code 6115, RC Primary School Saint Balia, at around 3:30 to 4:00 pm, a group of unidentified youths on 8 motor bikes violently entered the polling precinct causing panic and forcing everyone to run for their lives including NEC officials, voters and community people. There was complete desertion of the polling centre. In the ensuing pandemonium, the thugs burnt down the voting
materials. This same group of marauders was also seen by NEW observers in Centre Code 6021, WSCL Primary School in Sakuta. They parked outside the polling Centre and continuously accelerated their motor bikes consistently, thereby causing panic. The Polling Centre Manager (PCM) was terrified and raised concern about the insecurity of the centre and requested that he needed security presence at the centre.
d) At Centre Code 6072, DEC Kagbasia polling station 2, during the counting process, there was an argument over the validity of a ballot. In the process, another set of unidentified youth, entered the polling station, captured the already counted and reconciled ballot papers in polling station 2, and also captured the sealed ballot box of station 1 in the same centre and carted with them. They also took away the mobile phones and observation documents belonging to the NEW observers on the orders of the SLPP party Agent, Alie Thoronka who was deployed at the polling station. The 2 NEW observers fled into hiding for their safety and have since reported the matter to the Fadugu police station.
e) At Centre Code 6082, RC Primary School, polling station 3, the SLPP Candidate for the Koinadugu District Council Chairperson election, Alhaji Sheku Koroma (also known as Chairman), entered the polling station accompanied by a SLP officer as personal guard. An argument ensued when the Polling Centre Manager (PCM) objected to why he (candidate) was at the polling station as that was not the centre where he was supposed to vote. This argument attracted a huge crowd of voters within the centre. In the process, the SLPP candidate physically assaulted a disabled deployed at the station as a party agent for the APC. He also attacked, physically assaulted and wounded another party agent of the APC who was trying to have a photograph of the scene. This centre was manned by a Chiefdom Police Officer who was indisposed to take any action.
f) The Tallying was suspended due to discrepancies in the entry of the results into the tallying sheet.
During the tallying, these discrepancies were detected by Dr. Richard Konteh and Dr. Kaifala Marah of the APC on the results from Centre code 6096. The actual result in RRF forms were APC 101 and SLPP 69. But the figures entered into the tally sheet were 101 for APC and 169 for SLPP. This was verified by NEC and the actual figure in the RRF was inputted. The NEC staff who did the wrong inputting was immediately replaced. Later, another wrong input was also detected for Sewaia. This was also detected by Dr. Richard Konteh. NEC was trying to do verification on the second discrepancy by going through the NEC RRF forms when argument ensued between the APC and SLPP in the Tally Centre Hall. The police could not handle the impasse between the two parties. The Commissioner for NEC, Commissioner Edmond S. Alpha, called on the leadership of the two political parties in the Tally Centre, Napoleon Koroma (Esq.) for SLPP and Dr. Kaifala Marah of the APC, to calm down their membership so that they will proceed with the tallying process. He also asked that everyone should go out of the Tally Centre and five representatives of each of the parties be allowed in. The Commissioner then asked the police to take the necessary action but the tension was still rising. The Commissioner therefore decided to suspend the tallying process till further notice.
The following political stalwarts were present at the Tallying Centre; Umaru Napoleon Koroma (Esq.), Mantene Marah, Dr Richard Konteh, Dr Kaifala, Hon. Lamin Kabba and Hon Lahai Marah. Ordinary supporters of both political parties that had no role in the tallying process were allowed in the hall.
Recommendations
NEW recommends the following:
- NEC to review the distances between polling centres to enable more people to easily access the
polling centres.
- Political party stalwarts and state functionaries who have no legitimate business in the election areas and are not accredited by NEC must stay away from polling centres on polling day. NEC should collaborate with the SLP on the number of accredited persons and verify their identity before allowing them in the polling precincts.
- The SLP to deploy more than one police officer in each polling station. If Chiefdom Administration police officers are to be deployed, they must be given the requisite training on election policing.
- The SLP to investigate arrest and prosecute owners of vehicles without registered number plates who were plying the polling areas where the elections were conducted.
- The ONS, SLP and security agencies must ensure adequate security of all stages in the electoral process and specifically enforce the rules around accredited persons who should access the Tally Centre as the process has been moved from Koinadugu to Freetown.
- The SLP to speedily investigate all incidents of political intimidation and thuggery and make their findings public and defaulters prosecuted in line with existing electoral laws.
- NEW calls on the police to speedily recover the phones of the NEW observers.
- The NEC Staff who entered wrong figures in the Tallying sheet must be handed over to the police for full investigations and take the necessary sanctions provided by law.
- NEC must endeavour to train their staff on electoral ethics and integrity in order not to undermine the gains of our democracy.
- NEC should take immediate steps to tally and announce the results of the elections in order to guarantee the trust of the electorates.
Conclusion
NEW encourages the electorates in Koinadugu District to remain calm and peaceful as we continue to monitor the situation.
National Election Watch (NEW) is a coalition of local and international organizations in Sierra Leone with a common objective of supporting free, fair and peaceful elections.
This Electoral Observation was realized with the financial support of the European Union. The contents of this publication are the sole responsibility of National Election Watch – Sierra Leone and do not necessarily reflect the views of the European Union.
XXX End.
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