I. Introduction
The Ordinary Congress of the Sierra Leone Football Association (SLFA), scheduled for 6 April 2025, was abruptly terminated under controversial circumstances. While some reports claim that the President fled the Congress due to security concerns, a deeper examination reveals severe constitutional breaches involving the President, the Executive Committee (Exco), and the General Secretary. The President’s failure to preside over the Congress is one element of a much broader issue. More concerning is the failure of the Exco and the General Secretary to take the necessary steps to ensure the continuity of the Congress despite the President’s absence.
This article aims to clarify these constitutional breaches, challenge the misinterpretations of the SLFA Constitution, and propose a way forward through the convening of an Extraordinary Congress. Drawing on my extensive experience as Chairman of the Constitutional Review Committee, Chairman of the Electoral Committee, Chairman of the Electoral Appeals Board, and over 25 years consulting for SLFA, FIFA, and CAF, I will examine the legal missteps in handling this matter and highlight the constitutional obligations that were neglected.
II. Background and Legal Context
The Ordinary Congress is the supreme decision-making body of the SLFA, responsible for determining critical issues affecting football governance in Sierra Leone. According to the SLFA Constitution, the President is constitutionally obligated to preside over Congress. In the event that the President is unable to attend, the most senior Vice President is required to step in and preside.
However, on 6 April 2025, the President’s failure to attend led to the abrupt termination of Congress proceedings. Some have attempted to justify this termination by citing Article 20(3), which stipulates that the President shall conduct the Congress business. They argue that only the President can ‘convene’ the Congress. While this provision governs the President’s role in presiding, it does not extend to the power of convocation, which is explicitly granted to the General Secretary under Article 26(4) of the Constitution. This article clearly states that the General Secretary must issue a formal convocation at least 15 days before the Congress, accompanied by the necessary documents, including the President’s activity report, financial statement, and the auditor’s report.
Some members further contend that in the absence of the President, the Congress must be terminated because no provision mandates the Exco or Congress to appoint a Vice President or another member to preside. They suggest invoking Article 82, claiming that it addresses situations where the Constitution is silent on a matter. This interpretation is flawed. Article 82 is designed to address constitutional gaps, not to override clear, established procedures. The Constitution already provides mechanisms for leadership in the President’s absence, and invoking Article 82 in this context misinterprets its purpose and distorts the rule of law.
III. The Failures of the President, Executive Committee, and General Secretary
The constitutional failures at the heart of this crisis are twofold.
First, the President’s failure to fulfill his clear duty to preside over the Congress constitutes a breach of the SLFA Constitution. The President is required to preside, and if absent, the most senior Vice President must take charge. This was not a simple matter of absence; it was an outright neglect of a critical constitutional responsibility, amounting to a serious violation that undermines the integrity of the SLFA’s governance.
Second, the failure of the Exco and the General Secretary to act according to their constitutional duties exacerbates the situation. The Constitution places the responsibility of convening Congress with the General Secretary. In this case, not only did the General Secretary fail to convene the Congress properly, but the Exco also failed to ensure that the proceedings continued as planned. Both the Exco and General Secretary had a constitutional obligation to uphold order, even in the President’s absence. Their failure to act decisively represents a double failure: a failure to hold the President accountable for his neglect and a failure to fulfill their own constitutional duties.
Historically, the SLFA has handled such situations effectively. In 2016, when the President was unavailable, Dr. Patrick Coker, an ordinary member and the then President of the National Olympic Committee (NOC), presided over the Congress upon the nomination of members of Congress. In Kenema in 2020, when Madam Isha Johnson was unable to continue presiding over Congress, one of the Exco Member Alie Badara Tarawalie stepped in an continued. Similarly, during the 2021 Elective Congress in Makeni, the second Vice President, Mr. Alie Commoner Kargbo, assumed the role of presiding officer. These precedents clearly demonstrate how leadership should be exercised in the President’s absence. This process should have been followed on 6 April 2025.
IV. The Misapplication of Article 82
The invocation of Article 82 to justify the termination of the Congress is a misapplication of the SLFA Constitution. Article 82 is intended to resolve situations where the Constitution is silent on a specific issue. It was not meant to override existing, clearly established procedures for dealing with the absence of the President at Congress. The SLFA Constitution outlines precise steps to address this situation, namely the appointment of the most senior Vice President to preside in the President’s absence. The failure to follow these established practices and the incorrect application of Article 82 only exacerbate the crisis.
The failure to adhere to the Constitution is not only a legal misstep, but it also undermines the integrity of the SLFA’s governance. Such actions create a dangerous precedent and threaten the democratic processes that should govern the association.
V. The Path Forward: Convening an Extraordinary Congress
The events of 6 April 2025 have exposed deep constitutional flaws within the SLFA, and urgent corrective action is required. The only viable solution is the convening of an Extraordinary Congress, as outlined in Article 28 of the SLFA Constitution. An Extraordinary Congress may be called by the Exco, the President, or upon the written request of at least one-third of the members of the Association. This Congress must be convened without delay to address the constitutional breaches and restore integrity to the SLFA’s governance structure.
It is crucial to recognize that any delay or failure to remedy these constitutional failures by convening an Extraordinary Congress will have far-reaching consequences. Not only will it jeopardize the electoral calendar, potentially delaying crucial elections, but it will also lead to further constitutional crises. This is particularly pressing given that the current executive—including the presidency—has a finite term, set to end in June. The expiration of the current term without the proper resolution of these issues will create a leadership vacuum, further destabilizing the SLFA and undermining the association’s governance.
The following steps must be taken to ensure the Extraordinary Congress is held in full compliance with the SLFA Constitution:
1. Issuance of Notice: The Exco must issue a formal notice to all members, providing at least 21 days’ notice as required by the Constitution. The notice must specify the date, time, location, and agenda of the Extraordinary Congress, ensuring that all members are adequately informed and prepared to participate.
2. Appointment of a Presiding Officer: In light of the failure to appoint a presiding officer during the 6 April Congress, the Exco must designate the most senior Vice President to preside over the Extraordinary Congress. This step is essential to prevent further disruption and to ensure that the President’s failure to preside is addressed constitutionally.
3. Agenda and Key Issues: The agenda for the Extraordinary Congress should prioritize addressing the constitutional failures of 6 April, including the failure to appoint a presiding officer and the misapplication of Article 82. Additionally, the agenda should focus on ensuring that future Congresses are conducted in full compliance with the Constitution.
4. Voting and Decision-Making: The Extraordinary Congress must follow the voting procedures outlined in Article 24 of the SLFA Constitution, where decisions are made by a majority vote. This ensures that all decisions made during the Congress are legally binding and aligned with the principles of governance.
5. Transparency and Accountability: To restore confidence in the SLFA, the Exco must ensure full transparency throughout the process. All decisions made during the Extraordinary Congress should be documented, and the minutes should be publicly available to SLFA members and the public, reinforcing accountability and good governance.
VI. Conclusion: Restoring Constitutional Integrity
The disruption of the 6 April 2025 Ordinary Congress has exposed severe constitutional breaches, including the failure of the President, Executive Committee, and General Secretary to fulfill their constitutional duties. The failure to properly preside over the Congress, the misapplication of constitutional provisions, and the lack of accountability have created a governance crisis within the SLFA.
To restore order and ensure that the SLFA operates in accordance with its constitutional mandate, an Extraordinary Congress must be convened immediately. This Congress will not only address the failures of 6 April but will reaffirm the SLFA’s commitment to constitutional governance, transparency, and accountability. Failure to act swiftly will not only disrupt the electoral calendar but will deepen the constitutional crisis, leaving the SLFA without a functioning leadership. I urge all stakeholders to take immediate action to correct the course and ensure the future of Sierra Leonean football is governed with integrity and respect for the rule of law.
Lansana Kotor- Kamara Esq.
Former Chairman of the Constitutional Review Committee, Chairman of the Electoral Committee, and Chairman of the Electoral Appeals Board of the SLFA. Consultant for SLFA, FIFA, and CAF for over 25 years.
