@ Joseph Fitzgerald Kamara, Esq, Commander of the Order of the Republic of Sierra Leone
Electoral Justice is a political culture that promotes lawful behaviour and civic respect for democratic norms.
Although not new, Electoral Justice has become recognized as a crucial factor in all democracies, whether emerging or established.
Without a system to mitigate and manage fairness, and inequality, or perceptions of fraud, even the best management of an electoral process may lead to mistrust in the legitimacy of the elected government, as may appear to be the case in Sierra Leone.
Two broad components best describe the concept of Electoral Justice:
Firstly, ensuring that each action, procedure and decision related to the electoral process, is in line with the law (the constitution, statute law, international instruments and treaties and all other provisions) and;
Secondly, for protecting or restoring the enjoyment of electoral rights, giving people who believe their electoral rights have been violated, the ability to make a complaint, get a hearing and receive an adjudication.
The first limb deals with compliance and complementarity, and is pre-election related.
The second limb deals with adjudication, that is legal redress, through the courts or political negotiations or settlements, and it is post-elections related.
Electoral Justice is also both a CAUSE and a PROCESS. As a cause, it is the aspiration to strive to protect the votes, and to seek legal redress mechanisms. As a process, it is the quest for fairness in an election.
By whichever means, Electoral Justice, is a valid cause and a legitimate process, to right electoral wrongs.
In Sierra Leone, as in other democracies elsewhere, electoral justice plays a decisive role in ensuring the stability of the political system and adherence to the legal framework, and thus also contributes to the consolidation of democratic governance.
What is uncertain however is that while the cause is genuine, it is without a Champion, to articulate, convince and deliver the required justice, being sought.
In Sierra Leone, Electoral Justice, remains shrouded in mystery, doubt, and confusion, as to its understanding, implementation and purpose.
How can Electoral Justice be achieved outside the realm of the law?
The right to challenge elections is provided for in the Public Elections Act 2022 and the Constitution.
The APC Party chose not to use the law, due to mistrust of the judiciary. The antecedents in the way and manner, in which the Judiciary has handled election related disputes, leaves much to be desired. But the law is the law, and the Judiciary is the ONLY recognized mechanism that can overturn an election in Sierra Leone.
In the alternative, a political and diplomatic process was adopted by a triangular axis of the Government, APC and International Partners. This resulted in the Tripartite Report, to which, APC Party representatives, appended signatures and approval, with Development Partners, as Brokers of the Peace Pact.
We have been informed and verily believe, that the Parties to the Tripartite Agreement, (APC, Government and International Partners) continue to meet, discuss and work towards implementation. So, what is it about Electoral Justice, at this stage? Could it be the request for the production of disaggregated voting results? This of course, can only be given by way of an Order by a competent Court of law, after due process. A path our APC refused to tread.
Hence, the arguments for Electoral Justice continue to be convoluted to the general public.
Let us as politicians and literary commentators, be mindful of misleading and goading our unsuspecting supporters into subversive conduct that may endanger innocent lives and property, under the guise of an unclear concept design, in the name of Electoral Justice. The APC does not encourage nor condone violence.
Be that as it may, the next electoral cycle is scheduled for 2028. It is hard to perceive, how any CAUSE, can “LEGITIMATELY” alter the sacrosanct provisions of this law.
In conclusion, as we grapple to move Electoral Justice from fiction to reality, it is prudent, that a more calculable approach is for our APC party to continue with the accepted dialogue option we boxed ourselves into, while at the same time, prepare for the next elections, come 2028.
