By: Joseph Fitzgerald Kamara, Esq
A draft law meant to modernize Sierra Leone’s intelligence architecture has instead triggered a constitutional crisis in waiting. At the very outset, let me ring a warning that major provisions of the proposed National Central Intelligence Bill 2026 directly contradict the 1991 Constitution, creating a shadow state within a state.
At the heart of the conflict lies a fundamental overreach: the Bill attempts to establish a parallel executive authority.
Sections empowering the intelligence body to act as a “War Cabinet” and duplicate national security coordination structures violate Section 53(2) of the Constitution, which explicitly forbids any duplicate Cabinet.
Equally alarming is the creation of a State Protection Service under Section 32(1). This establishes a presidential guard for VIPs that would operate as a paramilitary force. This directly clashes with Sections 165(2) of the Armed Forces Act and 167 of the Defence Council Act, which vest sole command of all armed forces in the Defence Council. The Bill effectively carves out an armed unit beyond lawful military control.
Perhaps the most dangerous provisions undermine fundamental rights and the rule of law. Section 42 grants the Director-General power to demand personal information from institutions without a warrant, a clear violation of constitutional privacy protections.
Even worse, Section 43(2) immunizes intelligence operatives from criminal liability for actions taken during approved operations, while Section 54(3) blocks all legal proceedings against officials acting in “good faith.”
These clauses effectively place the Agency above the law.
Further, Sections 40 and 41 permit judicial warrants for communication interception, but the broad wording fails to meet the strict necessity and proportionality tests required under Section 22 of the Constitution.
The 10-year prison term in Section 53(3) for vague “contraventions” raises additional due process concerns.
Taken together, the Act as drafted does not merely tweak security arrangements, it creates a parallel Cabinet, a potentially rogue paramilitary unit, and an intelligence service immune from criminal and parliamentary oversight.
My prediction is that, if enacted in its current form, the Supreme Court would strike down multiple sections as unconstitutional.
Therefore, it would not be unwise to call for a complete redraft, with the firm insistence that any intelligence law must respect the supremacy of the 1991 Constitution, uphold judicial oversight, and protect the inalienable rights of every Sierra Leonean. Without these changes, the Bill is not a security measure, it is a constitutional time bomb, primed to explode. To borrow a phrase: “It’s a trap!” A stark reminder of the 1976 reggae classic by Zap Pow, don’t fall into it.
