The opposition Sierra Leone People’s Party (SLPP) has said in a release that since the Biometric Voter registration commenced, the APC has been busy ferrying Sierra Leoneans and non-Sierra Leoneans (including ex-combatants) from neighboring countries of Liberia and Guinea to register in wards or locations where they are not “ordinarily resident” contrary to law.
They said the conduct has been aided by the Sierra Leone Embassies in Liberia and Guinea, pointing out that this same issue was initially raised in a Press Statement issued on February 6, 2012 signed by Rtd. Brig. Julius Maada Bio, SLPP Presidential Nominee for 2012.
The Chairman of the SLPP John Benjamin said they had called on the Commission to uphold and respect the law and correctly make public the provisions in the Electoral Law and the Rules and Regulations of NEC in order to avoid misinterpretation.
According to the SLPP Chairman Section 4 Sub-section 1 of the Electoral Laws of 2002 states that “Subject to section 7, every person, whether male or female who has attained the age of eighteen years and is ordinarily resident in a ward on the date specified for the publications of notices inviting claims for registration under section 12 is entitled to be registered as an elector in that ward, when so registered, to vote in such ward at any election”.
Section 4 Sub-section 2 states “A person’s ordinary residence shall be determined by reference to all the facts of the case and in particular, by reference to the rules contained in the First Schedule.”
The Chairman argued that the “Rules as to the Ordinary Residence of Electors” states that “The place of ordinary residence of a person is that place where he usually lives or which has always or generally been his home or which is the place to which he intends to return when away.”
He said the law further states that where a person usually sleeps in one place and has his meal or is employed in another place, his place of ordinary residence will be where he sleeps. For the purpose of these rules it will be assumed that a person can have only one place of ordinary residence and that it cannot be lost until it is replaced by another.
The Chairman of the SLPP added that the provision makes it mandatory that for a person to be registered, he/she must be ordinarily resident in the ward concerned. This point was eloquently made by no less a person than the Chief of Outreach/External Relations of NEC in the Awoko newspaper published on Tuesday 21st February, 2012.
Interestingly the SLPP has argued that the NEC Press Release now seems to be speaking with a discordant voice.
The SLPP said they consider the Police Press Release as “vexatious”, claiming “It is not the responsibility of the Police to interpret the law. They may be called upon to enforce the interpretation of the law.” The SLPP also views the Police Press Release as a deliberate attempt at intimidate the SLPP and its supporters, particularly those in Gendema.
The SLPP also alleged that a truck load of Police Officers have been deployed in Gendema to ensure people from Liberia are registered under the protection of the Police which they said is another example of the APC using the Sierra Leone Police to rig the 2012 elections.
John Benjamin said “the deliberate failure of NEC to refer to the most relevant portions of the law in its Press Release misleads the public and gives us the impression that NEC is not independent and is supporting the position of the APC on this matter,” which the SLPP believes undermines the credibility of any future election under the current leadership.
The SLPP therefore maintains its position consistent with the law that only persons who are ordinarily resident in a ward shall be allowed to register in such ward. This will ensure orderly, peaceful and transparent conduct of the 2012 election thereby ensuring stability and protection of the fragile democracy.
The National Electoral Commission and the Sierra Leone Police are yet to comment on the issues
By Saidu Bah
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