The Attorney General and Minister of Justice, Anthony Y Brewa, is expected to brief Members of Parliament (MPs) on the four State Of Emergency (SOE) Regulations he tabled on the 10th November 2020. The Attorney General and Minister of Justice had assured Parliament that within fourteen days he will present a comprehensive and convincing explanation on the details of the SOEs Regulations which should have been tabled long since by his predecessor.
Ensuring the Attorney General comply with the assurance he gave to Parliament, the Leader of the Opposition, Hon Chernor Bah, on Monday 23rd November 2020 reminded the Speaker about the issues stating that today 24th November 2020 is the last day of the fourteen days period. The Speaker then instructed that the Attorney General be briefed about his promise to Parliament.
It could be recalled that the Leader of Opposition standing on Standing Order 18 and Section 23 subsection 7 of the 1991 Constitution, on November 10th 2020, said Parliament is in a quagmire at the moment as they now have four so-called Regulations before them, disclosing that initially Parliament was unanimous that the Regulations should have been put in one volume, which they are yet to receive.
He maintained that their position was that the Regulations should have been brought to Parliament before the 90 days adding that the Judiciary has deliberately also refused to list the matters that were taken to court relating to the Regulation for hearing. The Opposition Leader maintained that Instrument 26 and 27 that is the Corona Virus Disease Emergency Fund Regulations 2020, which is Constitutional Instrument No 26 of 2020 and the Corona Virus Disease Emergency Fund (Management) Regulations, 2020, which is Constitutional Instrument No 27 of 2020 cannot be before Parliament.
He disclosed that the reason is that they have been asked to make these Regulations retroactive of which Parliament does not have the authority, explaining that if they do they will be flouting Section 23 subsection 7 of the 1991 Constitution, as penalties cannot be made retroactive.
Hon Bah furthered that the Covid-19 Public Emergency Response Coordination Regulations 2020 (Constitutional Instrument No 20, 2020) and the COVID-19 Public Emergency Coordination (Protective Measures) Regulations 2020-Constitutional Instrument No 29, 2020 contains many provisions that contravene the very financial provisions and laws of the country, assuring they are not blaming the current Attorney General but the previous one who deliberately refused to listen.
He maintained that the Regulations presented by the current Attorney General must be taken out of Parliament until the proper things are done before they are laid in Parliament, otherwise they will be laid but posterity might put Government in very serious jeopardy.
The Leader of Government Business, Hon Mathew Sahr Nyuma requested for the Attorney General to again take the podium and do the needful as a way of saving time, but Hon Chernor Bah maintained that if that is what the Leader of Government Business chooses to do they are okay and ready to commence with the debate.
In response the Leader of Government Business maintained he only wanted the Attorney General to make some clarification on the legality and the reasons for the delay of bringing the Regulations to Parliament, but the Speaker however asked the Attorney General if he is well prepared to respond to the issues, to which the AG said he needed some time to come again to give more explanation.
In response the Hon Daniel Brima Koroma called for the rules governing laying of papers in Parliament to be suspended until the Attorney General comes to Parliament, explaining that they want to avoid what the previous Attorney General did by promising to come with the Regulations within 2 weeks but failed to do.
Hon Chernor Bah however said they need assurance that the current Attorney General comes again to explain to Parliament within 14 days to give detailed explanation. According to the Leader of the National Grand Coalition (NGC) Hon Kandeh Kolleh Yumkella, the laying of Regulations in Parliament so far is almost 220 days instead of 90 days, based on which he enjoined the Speaker to ensure they follow the procedure this time around.
He disclosed that many of them entered into very difficult negotiations and they were slapped in the face, and some people even went to the media stating Parliamentary Motions do not matter, which according to him very much matters. Hon Kandeh said they should stop the clock from ticking on the current Regulations that have been laid until the Attorney General comes and explains to them before the 21 days counting period commence.
The Attorney General however assured that he will brief Parliament within the fourteen days period agreed upon by the House.
By Alhaji Manika Kamara