Mohamed Sheridan Kamara Esq., Chairman and Leader, NRM. respond the your open letter of notification to comrades of the party and the general public that is making the rounds on social media by informing him that from the onset that that his letter of notification, which is titled “Rules and Regulations for the Elections/Selection of the Party Officials and the Presidential Flag bearer,” does not only lack legal basis it makes a total mockery of the office you occupy.
That he wish to appraise him that with the fact that in his quest to maintain the selected executive and entrench yourself in office, he has erroneously interpreted the provisions of the 1995, APC Constitution of the party in order to give the NAC undue powers.
By the provisions of Article 6.10.11.1 Paragraph VI of the 1995 APC Constitution, he agree with him that the NAC has the powers in special and emergency situations to perform the role and functions of a National Delegates Conference (NDC). And to further reinforce this provision, he agree with him that the NAC has the powers to make and enforce bye-laws, rules and regulations governing the conduct of elections in the party. Relying on those powers as enshrined in the constitution of the party, he published a letter on the rules and regulations for the elections/selection of party officials and others supra.
Granted that the leadership of the party has been willfully misusing the constitution of the party, the beauty of the 1995 APC constitution is that it doesn’t give NAC unlimited powers. He wishes to draw his attention to the provision of Article 14.1.1 of the constitution to wit: The National Advisory Committee may make rules and enforce any bye-law(s) not inconsistent with the provisions of this constitution…
In simple language, in as much as NAC has powers to act on behalf of the National Delegates Conference, those powers are limited to the extent of making laws that are only consistent with the provisions of the 1995, APC constitution of the party.
In his letter on the rules and regulations set forth by NAC in 2017 supra, he boastfully, though erroneously, asserted that the act of making changes to the 1995 Constitution of the party was legal and followed due process simply because it was Gazette on the 8th day of August 2017. The simple fact is that whether those transgressions were gazette or not, they utterly contravene the provisions of the very constitution that creates and empowers NAC in limited circumstances. Therefore, those rules and regulations, so manufactured in the interest of the oligarchy, are void ambition.
Without going to the specificities of the 1995 Constitution, the method of getting party officials, from Constituency to the National level, is very clear in the constitution. It suffices to say that, save for the Chairman and his Deputy, who may be elected or selected; all other party officials are to be elected. So, if NAC makes rules that say all party officials are to be selected, in simple terms, it has acted ultra vires, and that can only be seen as an act that betrays the trust for which it is created. If NAC cannot respect the very constitution from which it derives it powers, then it does not deserve an iota of respect.
In the circumstances, therefore, whether the so-called 2017 Rules and Regulations of NAC were gazette in Cloud, Google or Hell, they consider them a nullity. That is the very reason why they are challenging the legality of not only the handpicked executives, but also the very NAC.
Assuming without conceding that the NAC has acted correctly, are they not aware of the injunction slammed against the in court? Or is he still relying on the outdated bone-to-bone politics of the 60s? Their acts constitute nothing other than a sheer disrespect for the Judiciary of Sierra Leone.
They consider the coming weeks to be turbulent for the party generally. They had given in their best to have a negotiated settlement with the party for the past months. It is sad that your actions have demonstrated that while the NRM and others continue to work towards the resolution of disputes in the best interest of the party, what occupies their mind are thoughts of how they can perpetually manipulate the process to re-select and impose members of his cabal in leadership position, to enable them to dominate the politics of the party with the familiar oppressiveness and continue the contemptuous disregard for the rest of the membership as political sophalaes
In our collective resolve to democratize the internal politics of our party, I wish to bring to your attention, Sir, that the NRM membership both home and abroad, consider both your publications, as referenced above, as mere worthless pieces of trash.
The public would agree with me that the dispute has been this prolonged because of your mismanagement of the whole situation. And your actions are clear manifestations that the party is not ready for any negotiated settlement, but to thrive in the midst of illegalities.
He wishes to bring his attention that the NRM is temporarily pulling out of all negotiations until further notice. They consider their acts as a political call to action, and with great dexterity, we shall respond proportionately* in the coming weeks. Meanwhile, the leadership of the NRM has sternly instructed all our members to disregard the mis-guided so-called NAC orders.
Through the office of the National Coordinator, we have instructed all our Coordinators, at home and abroad, to instantly engage in open campaigns against any former member of any APC executive body who may want to assert false authority in their localities.
