Sierra Leone Constitutional Reform Goes to Supreme Court as Bio Holds Off Signing
Sierra Leone · Politics
Key Facts
- —What happened President Julius Maada Bio deferred signing a disputed constitutional amendment and referred a petition against it to the Supreme Court.
- —Why it matters The bill rewrites the rules for the 2028 elections, including the vote share needed to win the presidency.
- —The numbers Amendments need at least 100 of 149 MPs; the ruling party holds 81 seats and the 14 chiefs’ seats are non-partisan.
- —The catch The opposition walked out before the bill was declared passed, and no final vote count has been published.
- —What comes next Ecofin Agency reports the Supreme Court will rule on 7 October 2026, before Bio decides whether to sign.
Parliament declared the bill passed after the opposition walked out. Now the president wants judges to say whether the vote counted before he signs.
Sierra Leone constitutional reform is on hold. President Julius Maada Bio has declined, for now, to sign an amendment that parliament declared passed after the opposition walked out.
Instead, he has asked the Supreme Court for a judicial opinion on whether the bill was lawfully adopted. The presidency announced the decision on Monday 14 September 2026.
At stake are the rules for the 2028 general elections in the West African country of about nine million people. Bio, first elected in 2018, won a second term in 2023.
What Bio asked the judges
The referral rests on Section 122(1) of the 1991 constitution. It lets the president seek the court’s judicial opinion on “any Petition in which he has to give a final decision”.
The petition in question came from the Institute for Governance Reform, a civil society research group. It reached the presidency on Friday 4 September 2026, Benin Web TV reported.
The group questions whether the parliamentary procedure that produced the bill was constitutional. Bio directed the Attorney-General and Minister of Justice to take the petition to the court.
Parliament had sent the bill to State House for signature on Thursday 10 September 2026. The government statement called the referral “unprecedented”.
It said a bill touching “the constitutional and democratic foundations of the Republic” needs broad national consensus. It must also be “underpinned by constitutional clarity,” the statement added.
A walkout and a disputed count
The fight dates to Monday 10 August 2026. That day, MPs voted 96 to 41 to keep the president’s power to appoint electoral commissioners after consulting parties.
The opposition All People’s Congress (APC) had backed an independent nominating committee instead. Its leader in parliament, Abdul Kargbo, then led 49 APC lawmakers out of the chamber.
Their complaint was procedural: Section 108 of the constitution sets the bar for an amendment’s second and third readings. It demands “not less than two-thirds of the Members of Parliament”.
Speaker Segepoh Solomon Thomas, who presides over parliament, ruled otherwise for votes on individual clauses. He said a simple majority of members present applied at that stage.
Parliament then declared the whole bill passed in the same sitting, AYV News and Benin Web TV reported. It adjourned until 29 October 2026.
No final tally for the second and third readings has been published. The opposition and several civil society groups have demanded one, Benin Web TV reported.
The arithmetic behind the dispute
Parliament has 149 members: 81 from Bio’s Sierra Leone People’s Party (SLPP), 54 from the APC and 14 paramount chiefs. The chiefs are traditional rulers who sit without a party label.
Two-thirds of 149 is 99.3, so an amendment needs at least 100 votes. The SLPP and every chief together make only 95.
The government therefore needs at least five opposition votes to reach the threshold. The 96 votes on the electoral commission clause on 10 August would have fallen four short.
According to Ecofin Agency, the question before the court is how that two-thirds is counted. The choice is between all members, including those absent, and only those present and voting.
What the Sierra Leone constitutional reform would change
The biggest change concerns the presidency. A first-round win would need 50% of valid votes plus one, down from 55%, with a spread across districts still required.
The bill would also make proportional representation, in which seats follow party vote shares, permanent for parliamentary elections. Bio says it would give “women, young people, professionals, and minority groups a fairer opportunity to be represented”.
It would require that at least 30% of candidates in national and local elections be women. Dual nationals could also stand for parliament and hold certain public offices.
Bio urged MPs to back the package in a national address on Sunday 9 August 2026. Delay, he warned, meant elections under the existing rules.
The government, the opposition, civil society, citizens and several election observer missions had all “recognized” them “as requiring reform,” he said.
Why the opposition is suspicious
The APC rejected the lower presidential threshold during the debate. Critics argue the combined changes could help the SLPP in 2028.
Bio himself cannot run again, because the constitution limits presidents to two terms. The online Sierra Leone Telegraph reports that many critics still accuse him of trying to extend his stay in power.
The APC has filed two cases of its own at the Supreme Court. One asks judges to interpret the constitution’s amendment rules; another challenges the Speaker’s conduct, Sierraloaded reported.
What happens next
Ecofin Agency reports that the court will rule on Wednesday 7 October 2026. Bio has said he will decide on signing only after receiving the opinion.
Normally the constitution gives a president 14 days to sign a bill or return it with reasons. For this bill, that window closes on 24 September 2026.
State House told parliament that if the opinion arrives later, Bio will inform MPs as soon as he receives it. A Sierra Leone Telegraph opinion piece argues the constitution does not say a referral pauses that clock.
For foreign investors and donors, the case is a test of whether Sierra Leone’s 2028 election rules rest on broad agreement. The Sierra Leone constitutional reform now depends on the judges’ reading of one clause.
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Frequently Asked Questions
What did President Bio ask the Supreme Court?
He referred a petition from the Institute for Governance Reform, a civil society group, for a judicial opinion under Section 122(1) of the 1991 constitution. The petition questions whether parliament followed the constitution when it adopted the amendment. Bio deferred signing until the court gives its view.
How many votes does a constitutional amendment need in Sierra Leone?
Section 108 requires two-thirds of the Members of Parliament at the second and third readings. With 149 members, that means at least 100 votes. The ruling SLPP holds 81 seats and there are 14 non-partisan paramount chiefs.
When was the bill passed and when was it referred?
Parliament declared the bill passed on Monday 10 August 2026, after the opposition walked out. It reached State House on 10 September 2026. The presidency announced the referral on 14 September 2026.
When will the court decide?
Ecofin Agency reports that the Supreme Court will rule on 7 October 2026. Bio has said he will announce his decision on signing after receiving the opinion.
Sources: Constitution of Sierra Leone, 1991 (sections 106, 108 and 122), Ecofin Agency on the referral and the 7 October ruling date, Voice of Nigeria on the State House announcement, Sierra Leone Telegraph on the government statement, Benin Web TV on the 10 August adoption, AYV News on the passage of the bill, Sierra Leone Telegraph on the 10 August walkout, Sierraloaded on the 96-41 vote, Sierraloaded on seat numbers and the committee debate, Sierraloaded on the opposition’s court cases
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