Sierra Leone Bar Association v Attorney-General and Minister of Justice and another

Facts

In May 2002 a new Attorney-General and Minister of Justice was appointed and sworn in without the approval of Parliament. The Bar Association asked the Supreme Court to interpret sections 56 and 64 of the 1991 Constitution.

Issue

Is the appointment of the Attorney-General and Minister of Justice under section 64 subject to the parliamentary approval required for Ministers by section 56(2)?

Held

No. Timbo CJ, for the Supreme Court, held that section 64 is not to be read subject to section 56(2).

Principle

The court will not imply a limit that the Constitution does not state. The Constitution requires parliamentary approval expressly where it intends it, and the office of Attorney-General has its own separate provision.

Why it matters

A leading Sierra Leone authority on constitutional interpretation and on the Attorney-General's office.

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