2. Constitutional history of Sierra Leone

The Province of Freedom, 1787 to 1791

Somerset's case: In Somerset v Stewart (1772) Lord Mansfield held that an enslaved man could not lawfully be forced out of England to be sold abroad. The case did not abolish slavery, but it was widely read as a blow against it. Many Black people in London were poor and without work, and the Committee for the Relief of the Black Poor organised their resettlement in Sierra Leone.

Granville Sharp's regulations: The abolitionist Granville Sharp drafted a code for the settlement, published as "A short sketch of temporary regulations (until better shall be proposed)". He called the settlement the Province of Freedom. The settlers were to govern themselves, elect their own leaders and make their own laws in a common council, consistent with the principles of English common law.

Frankpledge: Sharp proposed the old English system of frankpledge. Ten families formed a tithing under a tithingman. Ten tithings formed a hundred under a hundredor. These elected officials formed the common council, which made laws and settled disputes. Slavery was banned.

The land: The first settlers arrived in May 1787 and a treaty was made with the Temne ruler King Tom. In 1788 King Naimbana confirmed the grant. The settlement struggled and was attacked, and it effectively came to an end by 1789 to 1791.

Company rule, 1791 to 1808

The Sierra Leone Company: The Sierra Leone Company Act 1791 set up a trading company to run the settlement. Power lay with a board of directors in London.

Superintendent and council: The directors appointed a superintendent with a council in the settlement. They could make laws not repugnant to English law, ran the government and acted as justices. The town was named Freetown in 1792.

The 1799 charter: A royal charter in 1799 replaced the superintendent with a governor and set up a mayor and aldermen for Freetown. This was the start of local government.

Crown colony: On 1 January 1808 Sierra Leone became a British Crown colony under a governor.

The 1863 constitution

Two councils: Letters patent and royal instructions of 1863 set up a Legislative Council and an Executive Council. The Legislative Council was made up of officials, such as the Governor, the Chief Justice and the Colonial Secretary, plus nominated members. The Governor controlled it: he nominated members, had a casting vote and a veto, and answered only to London. The Executive Council was made up of officials.

The Protectorate

Extending British rule: The Foreign Jurisdiction Acts of 1843 and 1890 let the Crown exercise jurisdiction outside its dominions by treaty, grant, usage or other lawful means. The British Settlements Act 1887 gave further powers to legislate for settlements.

The proclamation: On 31 August 1896 the British declared a Protectorate over the hinterland of the Colony. The Protectorate Ordinance 1896 provided for its administration and courts, through district commissioners.

The 1924 constitution

First joint legislature: The 1924 constitution set up a Legislative Council that made laws for both the Colony and the Protectorate. It had 11 official members and 10 unofficial members. Three unofficial members were elected by the Colony and three Paramount Chiefs were nominated for the Protectorate.

Elections begin: For the first time members were elected. The Colony was divided into an urban electoral district returning two members and a rural district returning one.

Customary law respected: When legislating for the Protectorate, the Council had to respect native law, unless it was incompatible with the exercise of the Crown's power or injurious to the people.

After 1924: In 1943 Africans were nominated to the Executive Council for the first time. In 1946 a Protectorate Assembly was set up as an advisory body.

The 1951 constitution

Elected majority: The 1951 constitution gave the Legislative Council a majority of elected African members, most of them representing the Protectorate. Protectorate members were chosen indirectly, through the district councils and the Protectorate Assembly.

Ministerial government begins: African members of the Executive Council were given responsibility for departments. Sir Milton Margai, leader of the Sierra Leone People's Party, later became Chief Minister and then the first Prime Minister.

Steps to independence: In 1956 the Legislative Council became the House of Representatives, with a Speaker in place of the Governor. By 1960 an all-African Cabinet was headed by a Premier, and the Public Service and Judicial Service Commissions were set up.

The 1961 Independence Constitution

Independence: The Sierra Leone Independence Act 1961, passed in London, and the Sierra Leone (Constitution) Order in Council 1961 gave Sierra Leone independence on 27 April 1961.

Westminster model: The Queen remained Head of State, represented by a Governor-General. Parliament was the Queen and the House of Representatives. The Prime Minister was the member likely to command a majority. The Cabinet was collectively responsible to Parliament.

Courts and rights: There was a Supreme Court, a Court of Appeal, and final appeal to the Privy Council. Judges had security of tenure. The Constitution contained citizenship provisions and a chapter of fundamental rights.

The Republic, 1971

Executive President: The Constitution of Sierra Leone Act 1971 made Sierra Leone a republic on 19 April 1971, with an executive President who was Head of State and Commander-in-Chief. Appeals to the Privy Council ended.

The one-party constitution, 1978

One recognised party: The Constitution of Sierra Leone Act No. 12 of 1978 created a one-party state with the All People's Congress as the recognised party. Candidates for Parliament and the presidency had to be party members, and the President served seven-year terms.

The 1991 Constitution

Return to multi-party democracy: The Constitution of Sierra Leone 1991 (Act No. 6 of 1991) restored multi-party politics, a separation of powers, a Bill of Rights in Chapter III and term limits for the President. It is the Constitution in force, as amended.