A MISNOMER OF A DEMOCRACY!

By Paul Kamara

Mr Tejan Macavoray’s article titled: Democracy Under Siege, based on the indefinite ban to enter parliament on journalist Melvin Tejan Mansaray; imposed by Speaker of Parliament, Sengepoh Solomon Thomas is very telling.

It reminds us all that when the press sits by and allow tyranny to reign supreme; it comes a time when it becomes the prey; even though, we all know that the press is the weeping boy; or, the hunter becomes the hunted. A journalist not only stands for the truth to tell it as it is to the powers that be; but he pursues and elevates it;  to ensure that justice must be seen to be done. The journalist nowadays can write on so many things and allow to thrive; but trouble befalls him if he dares cross the red line drawn by the untouchables; for that is a bridge too far.

The post by Macavoray; did not actually state in clear terms what crime Mansaray fell prey to. It states that he is banned for reckless, malicious journalism; aimed to mislead the public on the controversial decision to remove the Auditor-General and her Deputy. It means, that the victim must’ve put on paper an opinion that parliament considers anathema; perhaps, contempt of Parliament. But whether Sengepor has the right to indefinitely ban a journalist for expressing his opinion on a matter of parliament; or, an outright bully, is another matter.

The actions of the Bio Paopanista Parliament; do far has shown it is no repecter of the law in dealing with matters of the constitution. Examples are replete such as the forceful eviction of elected APC parliamentarians and imposition of an illegal Speaker. Or, the trampling of electoral laws and appointing electoral super domos based on party loyalty. Or, effecting executive orders to bring into play an electoral system to give undue advantage to Paopanista or power by force of might. Or, to arbitrarily cancel elections and the same time; hold bye-elections marred by violence, killings and outright destruction of ballot boxes by ministers.

Or, for aggrieved MPs refused judicial justice and their cases thrown overboard. Or, the imposition of a PR System instead of the first past the post. Or, to conduct a census that negates the national constitution. Or, the conduct of national elections with no elections results tabled; that led to the Tripartite brouhaha. Or, claims by the APC that some of their MPs were bribed to back Bio’s call for the A-G and her Deputy to be sacked. Or, claims by opposition MPs; that the voting process was not properly constituted.

And against this background, that the body set up to probe the A-G and Deputy was deemed suspect; as against reputable national and international auditing firms; that exculpated both the A-G and Deputy from culpability. Under such circumstances, anything that Mansaray wrote that castigates/ banalize the position of parliament is bound to ruffle feathers; and could’ve contributed to Speaker Sengepor’s arbitrary stance against  journalist Mansaray.

Therefore, to say that democracy is under siege is a misnomer; for what the case portends is rather, the total erosion of democracy and the free press; and the total imposition of fascism. And it comes in the wake when a journalist Dixon Thomas; had to go into hiding on the alleged threats by the IG of Police Faya Sellu; and a truce brokered by members of SLAJ. And this umbrella body has also raised concerns; over the seemingly untoward action of  Speaker Sengepor.

But the fact of the matter is that; the Salone parliament still operates under the canopy of a one-party mentality; in the same way Shaki brought both the APC and SLPP under one roof. The opposition always depend on the govt of the day for perks; to be holed in juicy committees where they too, can eke a living; apart from their increased salaries and emoluments. Lately, the opposition ayed when the Speaker announced for himself a salary rise and pension benefits; since they too, are beneficiaries; whilst a principal’s salary can hardly buy three bags of rice; much less talk about the majority workers who have to contend with pitifully inadequate, harsh conditions of living.

Parliament as already stated; does not believe in democracy or the Doctrine of Separation of Powers; and are lackey to the executive power; just as the Judiciary is also subject to their whims and caprices. But has parliament the right to proscribe journalist Mansaray; infact, when Sengepor did not avowedly spelt it out that it was a contempt of parliament? Under Momoh, the editor of The Tablet newspaper, Pios Foray was arraigned before parliament for publishing an article; that described Momoh as a palmwine tapper from Binkolo. But the classic case to determine whether parliament has the right to take punitive action against a journalist; was that of the Torchlight newspaper editor, Shekito Tarawalli and the SLPP parliament under Speaker SM Kutubu; for which the editor was jailed for a month for contempt of parliament.

For di People newspaper and it’s sister organization, the National League for Human Rights and Democracy; and in league with Dr Abdulai Conteh then CJ of Belize writing under the nom de plume Amicus Curiae; condemned the action of the SLPP; as arbitrary and that it kakaed on the national constitution. It posited; that parliament erred in law when it jailed Shekito bcos he did not commit any contempt within the precincts or four corners of the walls of parliament; described as contempt in the face. Rather, it was an article written outside the walls of Parliament; known as contempt out of the face of parliament. In the case of Mansaray, it is now left with the reader to discern whether Speaker Sengepor kakaed on the law or not.

And until we recognize the Doctrine of Separation of Powers; and remove every vestiges of one-partyism in our body politics; both the APC and SLPP will always abuse democracy, the constitution and the Rule of Law with gross impunity. The same applies in the manner the SLPP Kabbah/ Kutubu parliament destroyed Dr Karefa-Smart’s UNPP. After he defeated Kabbah in the 96 elections; but let go bcos he didn’t want to give Bio an excuse to cancel the elections and perpetuate himself in power under Nasmos Peace Before Elections campaign; he experienced the final demise of his party. It should be noted that Karefa-Smart had turned the SLPP down when they approached him to be their leader just before the 96 elections but he refused; bcos he viewed them as unreliable since they robbed him of being prime minister for Albert Margai after the death of Milton on the eve of independence in 64.

Karefa decided to expel about 16 or so of his MPs; who’d opposed his decision to replace Joe Conteh for Sugar Suffian Kargbo. The law states: that he could so within three weeks; but Speaker Kutubu refused to do what is right. Karefa went to the Supreme Court; who only delivered a ruling three weeks to the elections; that he had the right all along to remove his MPs. By then, it was only a month to the 2021 elections; and the UNPP never recovered since. A SLPP politician Alex Koroma; once told me that most politicians respect Karefa; but the reason they don’t vote for him was that he does not tolerate corruption. And I too, has experienced that so many times; in a country where virtue is vice and verse versa.

I petitioned the SLFA when their President Tolla who trampled on the law with impunity; also President of the Appeals Court of Salone; that he is not only corrupt, conflicted the law as Judge and futbol president whilst in active service; but also converted the FA into his own private property.

The NSC Act 65 states: that all sporting disciplines are controlled, supervised and financed by govt. Both the judiciary and parliament kept silent; whilst the Judge sold all the land belonging to the FA at Kingtom to NPA; and siphoned millions of dollars from Fifa, Caf and Govt meant for sports development.

I was humiliated, handcuffed like a common criminal, denied a lawyer and subjected to one of the harshest trials ever. I was jailed six months, all my properties/ assets confiscated illegally and pauperised; and denied the right to appeal. The Supreme Court refused to stand down the trial after spending millions of leones to ascertain; whether a Judge in active service should hold a public or private job, whether directly or indirectly. My futbol club Wellington People was banned and relegated; and For di People suspended.

But when EBK nominated me to serve as minister, the judiciary for the first time provided a ruling that never was at the time of sentence: that I am a convict and therefore, should not hold any public office. Since For di People had stepped on so many toes bcos of it’s uncompromising stance; there was a general hue and cry that indeed, I was a convict.

I had to defend myself not just before the parliamentary committee on appointments; but before the well of parliament. In the end, parliament ruled that though I was branded a convict, but it was not for fraud or dishonesty. Under APC, I was invited seven times to answer to allegations of corruption in one year; and some APC MPs led by Sirajin, Chericoco and Nuru Deen Sankoh; staged a demo at the forecourt of parliament bcos I refused to entertain their corruption in the Sports ministry. Their avowed intention was for me not to ever serve my country. But they failed woefully.

So therefore, to say democracy in parliament is under siege is a misnomer; bcos democracy does not exist within the walls of the three arms of govt-judiciary, executive and parliament.

We must start to rebuild democracy for 2028.