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Bar Association Term Amendment: Best Practice or Power Grab?

Kemo Cham by Kemo Cham
February 15, 2022
in News, Politics
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Bar Association Term Amendment: Best Practice or Power Grab?

SLBA President Ms Michaela Eddinia Swallow addresses the Bar's 2022 AGM in Bo. Image, Judiciary of Sierra Leone

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The move by the Sierra Leone Bar Association (SLBA) to reduce the number of terms its president can serve has been praised by some members, including the incumbent president, as enriching for its internal democracy; but it appears that not everyone buys it.

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The SLBA over the weekend held its Annual General Meeting (AGM) in the southern city of Bo, where delegates approved a proposal that cut down the number of terms of the president from three to two.

Until now, the president could serve a maximum of only three terms, a year per term. For the rest of the executive members, there was no term limit. All executive positions were subjected to election every year.

With the new changes, elections for all members of the seven-man executive committee will take place after every two years.

Michaela Eddinia Swallow, who was re-elected for a second term as President of the Bar at the Bo AGM, said the changes not only placed the Association in line with international best practices, but that it will also remove a financial burden on it in terms of having to conduct elections every year. She added that it aligned the SLBA with many progressive organisations.

“This would enrich our internal democracy and give members the opportunity for a new President every two terms,” she said in a statement issued by the Public Relations Unit of the Bar.

She added: “I also welcome the definition of a term of office of the Directors for a period of two years because it has been a financial burden on the Association to organise elections every year especially when we always have challenges for members to pay subscription and conference fees. This is the best practice in professional organisations. It will now give every new Executive the opportunity to deliver more programmes and activities to improve the welfare of our members and sustain our advocacy on governance issues.”

However, some members of the Bar believe the move is more about power grabbing than democracy. One such person who couldn’t be quiet about it is lawyer and social commentator, Augustine Sorie Sengbe Marrah. He expressed his opposition via a tweet, comparing the more to the alleged attempt by former President Ernest Bai Koroma to extend his stay in power.

“Those who once balked at the idea of EBK [Ernest Bai Koroma] courting a 3rd term have bullied their way and imposed a 2-yr tenure executive on the Bar,” Marrah tweeted.

While before now the Bar president, even if elected for three consecutive terms, couldn’t serve more than three years in office, with this new system of two terms, they can serve up to four years in office. And Marrah believes this is unacceptable.

“At times those who clamor for change aren’t interested in good governance. They just want to own the grapes,” he noted in the same tweet.

ACC Commissioner Francis Ben Kaifala presented the proposal for amendment. He insisted that the move is best practice and in line with what obtains in institutions like the African Bar Association and the Sierra Leone Association of Journalists.

Kaifala told ManoReporters that this makes better sense given the “time consuming” and “costly” nature of holding elections every year.

“Two years give enough time to work and then be subjected to another vote. [For] SLAJ and all other good institutions [it] is at least two years, including the African Bar Association. The rationale is actually to make the Bar and its [executive] work better,” he said via a WhatsApp chat. 

The two-day AGM (10th – 11th February) was graced by the Vice President Dr Mohamed Juldeh Jalloh and the Chief Justice, Desmond Babatunde Edwards, among other dignitaries.

Vice President Jalloh, in his keynote address on the topic “The Legal Profession and the Restoration of Hope,” lamented that the justice sector had been confronted with serious challenges which limited its capacity to administer justice. He added that development is only possible where there is a stable political and social order, which requires strengthening of the rule of law. 

“The rule of law is essential in building a democratic state and the only way to rebuild a state is to democratise it,” VP Jalloh said.

Vice President Juldeh Jalloh (R) with Chief Justice Desmond Babatunde Edwards at the SLBA 2022 AGM. Image, Judiciary of Sierra Leone

Justice Edwards, for his part, called for greater and respectful interaction between judges and lawyers to ensure the effective administration of justice.

“The judge – lawyer relationship implies the cordial but respectful relationship that should exist between judges and lawyers as both play an important role in the administration of justice or effective delivery of justice,” he said.

Ms Swallow was first elected as President of the Bar at the Kenema AGM in November 2020. Before then she served at various positions within the association, from committee level to the position of Vice President, to which she was elected in July 2019.

The other six executive members of the Bar were also elected as follows: Sidikie Tommy Esq as Vice President, Alfred Paul Juwah Esq as General Secretary, Abubakarr Sidique Kamara Esq as Assistant General Secretary, Martina Baindu Egbenda as Treasurer, Janisa Edwina Francess Momodu as Assistant Treasurer, and Michael Sallu Charles Esq as Public Relations Officer.

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