With almost year following the expiration of Musa Conteh’s tenure as National President of the National Union of APC Students (NUAS), on the 3rd. of February 2024. Several concerns have been raised regarding his continued involvement in the transition of NUAS leadership by several APC students and stakeholders.

In response to a release by the Secretary General of the APC, on the roadmap for electing the next NUAS National Executive, a cross section of APC Students strong questions regarding whether the Secretary General or the current APC executive genuinely intend to conduct the elections or if the Secretary General is acting to protect the interests of a particular individual. Citing the swift response from the Secretary General to other constitutional issues related to key party figures in recent times.

With these growing doubts and assumptions, the party risks facing another legal battle, especially if the executive fails to adhere to the stipulated election timeline outlined in the calendar of activities. The NUAS elections are critical for APC students, who are eager to have new leadership to represent their interests.

The pressing question remains: will the Secretary General of the APC compromise his integrity in favor of protecting someone, or will he rise above these allegations to ensure a transparent and fair electoral process?

RE: CONDUCT OF ELECTIONS OF THE NATIONAL UNION OF APC STUDENTS (NUAS) NATIONAL EXECUTIVE

I am writing to formally acknowledge receipt of the publication of date and venue for the conduct of the National Union of APC Students (NUAS) Annual Election by the National Secretariat dated 4th December 2024, slated for the 16th December 2024 and to inform you that the APC Internal Elections Management Committee (APC – IEMC) will be putting out the Elections Procedures for the conduct of the Elections accordingly.

I wish to further draw the attention of the National Secretariat to the contents of the publication bearing a number of inconsistencies and to a very large extent in breach of the rules and or standards governing the management of the elections by the IEMC. As the body of the Party charged with the responsibility to manage all internal elections of the Party, we believe that adherence to electoral rules is paramount 2 | P a g e in enhancing integrity, transparency and fairness in our elections management processes. It is in this view that we bring to your immediate attention important issues relating to the management and conduct of the NUAS National Executive Elections and further urge the National Secretariat to promptly address same and take corrective measures to ensure compliance with the 2022 Constitution of the APC Party; the Promulgated Rules/Operational Guidelines set by NYC and National Secretariat; and the Investigative Committee Report on the impasse between NUAS and NYC dated 27th November 2024 and such other standard electoral practices respectively. As you may be aware, the aforementioned important documents constitute rules or guidelines for the management and conduct of elections and it is in line with these that the IEMC seeks to operate to deliver on its mandate. The IEMC therefore wishes to urge that: ü The IEMC to declare and conduct NUAS National Executive Annual Election in such a place and time as determined by the Internal Elections Management Committee in consultation with the leaderships of the National Young Congress and the National Union of APC Students, and approved by National Secretary General. In view of the aforesaid, IEMC hereby wishes to seek for your approval for the IEMC to declare and conduct the NUAS National Executive Annual Elections pursuant to Article 42, 48, 54 and a plethora of provisions of the Party Constitution, as well as Article 1(2) of the Promulgated Rules for the Conduct of NUAS National Executive Elections. ü The National Secretariat of the Party to publish the Promulgated Rules or Elections Procedures Guidelines for the NUAS National Executive Annual Elections. You may recall that the Committee had on the 15th November 2024 submitted Promulgated Rules or Elections Procedure Guidelines for your attention. In view of this, the IEMC is seeking for the publication of the said rules as provided for in Article 54 (b) and (c) of the APC Constitution 2022. ü In addition to the Promulgated Rules or Elections Procedures Guidelines, the IEMC is in receipt of the Reported Recommendations of the Investigative Committee on the Impasse between NYC and NUAS dated 27th November 2024. In line with these recommendations, the Committee urges the National Secretariat to cause the National Executive of NUAS with the approval of the President forward a provisional list of eligible campuses to the leadership of the NYC as the 3 | P a g e supervisory body for NUAS for approval at least ten days before the elections pursuant to Article 1(4) of the Promulgated Rules and Recommendations of the Investigative Report of the 27th November 2024 for the Conduct of NUAS National Executive Elections. ü The National Executive of NUAS to submit the list of delegates on behalf of the respective campuses to the National Young Congress for verification and confirmation of eligibility pursuant to Article 1(7) of the Promulgated Rules for the Conduct of NUAS National Executive Elections and Recommendation 5 of the Investigative Report of the 27th November 2024. ü The National Secretariat through its Membership Registration Office to verify membership for delegates status for the elections as recommended in the Investigative Report of 27th November 2024. ü The National Secretary General to publish the approved list of Campuses and Delegates within 21 days to the elections as provided for in Chapter 5 Article 54 (h) of the Party Constitution. It is important to note that the IEMC can only be sure to conduct elections when there is a confirmed register of voters or delegates, which the Committee has always been demanding for. The IEMC will therefore be constrained to advise the National Secretariat to go ahead with the slated date if these processes are not complied with. The IEMC wishes it to be noted that the Committee is not ready to work outside of the relevant provisions of our Constitution and Promulgated Rules in the conduct of our internal elections. The Committee believes that upholding these standards is essential for maintaining a fair electoral process and restoring public confidence. Whiles the Committee looks forward to your prompt response, please accept the assurances of the IEMC’s highest regards.

Sincerely ……………………………

Hassan Kamara Esq.

National Coordinator – IEMC

 

 

 

COUNCIL OF PAST AND PRESENT PRESIDENTS AND THE CURRENT APC STUDENTS OF SIERRA LEONE

COUNCIL OF PAST AND PRESENT PRESIDENTS AND THE CURRENT APC STUDENTS OF SIERRA LEONE

FREETOWN, SIERRA LEONE

4th December 2024

Dear Comrade NSG Lansana Dumbuya Esq.,

DANGEROUS DISPLAY OF UNCONSTITUTIONALITY AND RISK OF LITIGATION!

We received a notice titled “PUBLICATION OF DATE AND VENUE FOR THE CONDUCT OF THE NATIONAL UNION OF APC STUDENTS (NUAS) ANNUAL ELECTION” dated 4th December 2024 signed in your name on behalf of the party secretariat. While we welcome this unusually sluggish intervention by the party’s secretariat, we must, however, note that this deliberate action is not only long overdue but also shrouded in illegality and dangerously explosive as patience is thinning among our members. The attempt in said notice to confer legitimacy on Musa and his defunct NUAS National Executive through their participation in the entire process is illegal and can by no means be accepted. We often wonder whether Musa has gotten anything extraordinary to offer the APC party to expose it to such a grave risk of constitutional mayhem.

As stated in Article 45 of the APC 2022 Constitution, every constituent institution shall have its executive structure, and there shall be a National Executive headed by the National President with a One year mandate. You a very much aware that the tenure of Musa Conteh as President of NUAS and his executive ended on the 3rd of February 2024 and that several concerns have been raised about him still carrying out himself as one and presiding over the affairs of NUAS with desperate arrogance of being in charge. We want you to note that Musa’s illegal overstay in office has already disenfranchised and deprived several vibrant well-meaning NUAS members who would otherwise have been elected since February this year to serve as NUAS President.

This is a dangerous precedent that exposes the party and its leadership to biased application of the law and potential lawsuits, particularly at such critical moments in our party’s history when we have several constitutional issues to deal with as we approach the party’s lower-level elections and National Delegates Conference in 2026.

We have seen how the party in precedence responded with vigour and alacrity to similar constitutional issues recently regarding Comrade Chief Alhaji Samsumana, the former Vice President of Sierra Leone, whom the party insisted on readmitting into its membership citing the risk of potential constitutional violation if he were to be reinstated as requested despite his deeply rooted support in his home district of Kono, a critical swing district our electoral process. The 2

 

former National Young Congress Leader, Comrade Prince Tholley, in whom the people of Tonkolili had taken solace since the demise of Comrade Dr. Minkailu Bah as the only National Officer of the party from Tonkolili district; the largest and most strategic district in the party’s northern stronghold, had to step aside in response to a legal opinion you requested from the National Legal Adviser regarding his participation at the National Advisory Committee (NAC) meetings and the then National Young Congress Retreat as Leader of the NYC. The words of our National Legal Adviser, Comrade Africanus Sorie Sesay Esq are herein reproduced for ease of reference.

“I opine that the National Young Congress can organise the retreat within its responsibilities as in Articles 28(d)(i) – (viii) of the APC Constitution 2022 and it can only be led by a member whose age bracket is within 18 years to 35 years. The consequence of the Young Leader and other members of the National Young Congress participating in the retreat that are not within the age bracket of 18 to 35 years is grave, since whatever they do lacks legitimacy. The same legitimacy challenge will affect the Young National Leader in his participation within NAC and other meetings that require the presence of his office.”

“Political Parties in Sierra Leone are governed by the National Constitution, the parties’ constitution and public law.”

Additionally, we have seen recently Comrades Dr. Samura M.W. Kamara, the APC 2023 Flagbearer, and his running mate Hon. Chernor R.M. Bah, both had to relinquish their offices in compliance with the party’s constitution amidst several risks and controversial consequences as all of them have a huge following and are highly influential in their home districts.

The attempt by your secretariat to allow Musa to preside over the NUAS electioneering process by handpicking delegates to disenfranchise a multitude of active APC students on campuses is illegal, unacceptable and abundantly corroborates Musa’s boisterous claims of being the untouchable and fully supported by key party officials including yourself, (Comrade Lansana Dumbuya), Bai Mahmoud Bangura, Sidi Yayah Tunis, C. S Kamara, Osman Timbo and APC National Chairman Pa Minkailu Mansaray, in addition to Ansu Bannard and Bai Tarawallie the NYC Leader and Secretary General respectively.

Given the foregoing, we, therefore, respectfully demand that the Party:

1. Take decisive action to ensure that Musa Conteh ceases to carry out himself as President of NUAS with immediate effect.
2. Constitute an interim “Caretaker Committee” immediately to help facilitate the transition of NUAS to a new legitimate executive.

3

 

 

1. Publishes the rules governing the conduct of the NUAS Elections pursuant to Article 54 (c) of the APC 2022 Constitution.

 

We want to make this abundantly clear as legitimate members of NUAS and young leaders of the APC Party, we will not sit by and allow Musa’s larger-than-life behaviour to plunge our party into another constitutional crisis.

As we hold you to the highest respect as one of the custodians of the Party’s constitution, you must keep in mind that the APC Party has been through serious and humiliating legal battles in court for nearly five years for apparent legitimacy issues and non-adherence to the party’s constitution, in the matter between the NRM, Alfred Peter Conteh, and the APC Party and its then leadership, which largely cost the party’s victory in the 2023 elections. Despite the Party having adopted the current Constitution with clear transitional provisions in Article 82 of the said constitution. His Lordship Honourable Justice Adrian Fisher J in his ruling dated 28th April 2022 dissolved the party’s leadership at all levels and ordered the establishment of an Interim Transitional Governance Committee, ITGC. In his ratio decidendi, the learned judge among others stated in Paragraphs (65) and (66) of the said judgement as follows:

“(65) That would have been the position had the respective officeholders being duly elected into office and their mandate as duly elected officers remain unexpired. However, as I have found in this judgement, the respective officeholders were not duly elected into office and their assumption to office was irregular and arguably unlawful. In those circumstances, they cannot be deemed to have assumed office or remain in office under the new constitution legitimately, when their initial assumption to office was illegitimate.

(66) A similar situation exists with respect to article 82 (d). All of these officeholders cannot be deemed to have assumed office or remain in office under the new constitution when their mandate under the existing constitution was irregular and has in fact expired. An injunction shall be granted restraining these individuals from holding themselves out as officers of the Party or performing any such functions associated with the office they once held.”

This should be a life-long lesson for all officials of the party to know that the APC Party and its affiliates must operate with strict adherence to its constitution. This is critical if we are to maintain the integrity and reputation of our great party. We will all recall how strongly the US Ambassador, Bryan Hunt in his statement in commemoration of the International Day of Democracy emphasised the importance of political parties maintaining strict adherence to the rule of law in their internal democracies to promote fairness and transparency in their internal elections management.

 

 

 

 

 

We are copying the under-listed authorities in anticipation of your urgent action and addressing this issue before it further undermines our party’s credibility and puts our future at risk.

Copy:

• Political Parties Registration Commission,
• National Chairman,
• Deputy National Chairman,
• APC Parliamentary Leader,
• Chairman of the APC Elders Council,
• National Organising Secretary,
• National Legal Adviser,
• Leader and Secretary General of the National Women’s Congress,
• Leader and Secretary General of the National Young Congress,
• National Coordinator, IEMC
• File

 

Yours sincerely,

SIGNED ON BEHALF OF:

• The Council of Past and Present Presidents of All Universities
• The Current APC Students of Sierra Leonean

 

Name Position Institution Signature

COUNCIL OF MST AND PRKSUNT PRESIDTS AND TI
CURRENT APOSTUDATSOFSIERDA LIONE
+23230202493/+232 78849485/+23278185918
FREETOWN, SIERRALEONE
qhDecember 2024
Dear Comrade NSG Lansana Dumbuya Esq.,
DANGEROUS DISPLAY OF UNCONSTITUTIONALITYAND RISK OF LITIGATION!
We received a notice titled “PUBLICATIONOF DATE AND VENUE FOR THE CONDUCT OF THE
NATIONAL UNION OF APC STUDENTS(NUAS)ANNUAL ELECTION”dated 4h December 2024
signed in your name on behalfof the partysecretariat. While we welcome this unusually sluggish
intervention by the party’s secretariat, we must, however, note that this deliberate action is not
only long overdue but also shrouded in illegality and dangerously explosive as patience is
thinning among our members.The attempt in said notice to confer legitimacy on Musa and
his defunct NUAS National Executive through their participation in the entire process is
illegal and can by no means be accepted. We often wonderwhether Musahas gotten anything
extraordinary to offer the APCpartyto expose it to such a grave risk of constitutional mayhem.
As stated in Article 45 of the APC 2022Constitution, every constituent institution shall have its
executivestructure, and thereshall be a National Executiveheaded by the NationalPresident with
a One year mandate. You a very much awarethat the tenure of Musa Conteh as President of
NUAS andhis executive ended onthe 3rd of February 2024 and that several concerns have
been raised abouthim still carrying out himself as one and presiding over the affairs of
NUAS with desperate arrogance of being in charge. We want you to note that Musa’s illegal
overstay in office has already disenfranchisedand deprived several vibrant well-meaning NUAS
memberswho would otherwise have been elected since February this year to serve as NUAS
President.
This is a dangerous precedent that exposes the party and its leadershipto biased application of
the law and potential lawsuits, particularly at such critical momentsin our party’s history when
wehave several constitutional issues to deal with as weapproach the party’s lower-levelelections
and National Delegates Conference in 2026.
We have seen how the party in precedence responded with vigour and alacrity to similar
constitutional issues recently regarding Comrade Chief AlhajiSamsumana, the former Vice
President of Sierra Leone, whom the partyinsisted onreadmitting into its membership citing the
risk of potential constitutional violation ifhe were to be reinstated as requested despitehis deeply
rooted support in his home district of Kono, a critical swing district our electoral process.The
1
former National Young Congress Leader, Comrade Prince Tholley, Tonkolili had in whom the people of taken solace since the demise of Comrade Dr. Minkailu Bah as the only National Officer of the party from Tonkolilidistrict; the largest and most strategic district in the party’s northern stronghold, had to step aside in response to a legal opinion you requested from the
National Legal Adviser regarding his participation at the National Advisory Committee (NAC)
meetings and the then National Young Congress Retreat as Leader ofthe NYC. The words of our
National Legal Adviser, Comrade Africanus Sorie Sesay Esq are herein reproduced for ease of
reference.
“I opine that the National Young Congress can organise the retreat within its responsibilities as in
Articles 28(d)(i)- (vii) of the APC Constitution 2022 and it can only be led by a member whose age
bracket is within 18years to 35years. The consequence of the Young Leaderand other members of
the National Young Congress participating in the retreat that are not within the age bracket of 18 to
35years is grave,since whatever they do lacks legitimacy. The samelegitimacy challenge will affect
the Young National Leader in his participation within NAC and other meetings that require the
presence of his office.”
“Political Parties in Sierra Leone are governed by the National Constitution, the parties’ constitution
and public law.”
Additionally, we have seen recently Comrades Dr. Samura M.W. Kamara, the APC 2023
Flagbearer,and his running mate Hon. Chernor R.M. Bah, both had to relinquish their offices in
compliance with the party’s constitution amidst several risks and controversial consequences as
all ofthem have a huge followingand are highly influential in their home districts.
The attempt by your secretariat to allow Musa to preside over the NUAS electioneering
process byhandpicking delegates to disenfranchise a multitude of active APC students on
campusesis illegal, unacceptable and abundantly corroborates Musa’s boisterous claims
of being the untouchable and fully supported by key party officials including yourself,
(Comrade Lansana Dumbuya),Bai Mahmoud Bangura, Sidi Yayah Tunis, C. S Kamara,
Osman Timbo and APC National Chairman Pa Minkailu Mansaray, in addition to Ansu
Bannard and Bai Tarawallie the NYC Leader and Secretary General respectively.
Given the foregoing,we, therefore,respectfullydemand that the Party:
1. Take decisive action to ensurethat Musa Conteh ceases to carry out himself
asPresident of NUAS With immediate effect.
2. Constitute an interim “Caretaker Committee”immediatelyto help facilitate
the transition ofNUAS toa newlegitimate executive. |2
3. Publishesthe rules governingthe conductof the NUAS Elections pursuantto
Article 54 (c) ofthe APC 2022Constitution.
We want to make this abundantly clearas legitimate members of NUAS and young leaders
of the APC Party, we will not sit by and allow Musa’s larger-than-life behaviour to plunge
our party into anotherconstitutional crisis.
Aswe hold you to the highest respectas one of the custodiansof the Party’s constitution, you must
keep in mind that the APC Party has been through serious and humiliating legal battles in court
for nearly five years for apparent legitimacy issues and non-adherence to the party’s constitution,
in the matter between the NRM,Alfred Peter Conteh, and the APC Partyand its then leadership,
which largelycost the party’s victory in the 2023 elections. Despite the Partyhaving adopted the
current Constitution with clear transitional provisions in Article 82 of the said constitution. His
Lordship Honourable Justice Adrian Fisher J in his ruling dated 28th April 2022 dissolved the
party’s leadership at all levels and ordered the establishment of an Interimn Transitional
Governance Committee, ITGC. In his ratio decidendi, the learned judge among others stated in
Paragraphs (65)and (66)of the said judgement as follows:
“65)That would have been the position had the respective officeholders being duly elected into
office and their mandate as duly elected officers remain unexpired. However, as have found in this
judgement, the respective officeholders were not duly elected into office and their assumption to
office was irregular and arguably unlawful. In those circumstances, they cannot be deemed to have
assumed office or remain in office under the new constitution legitimately, when their initial
assumption to office was illegitimate.
(66) A similar situation exists with respect to article 82 (d). All of these officeholders cannot be
deemedto have assumed office or remain in office under the new constitution whentheir mandate
under the existing constitution wasirregular and has in fact expired. An injunction shall be granted
restraining these individuals from holding themselves out as officers of the Party or performing any
such functions associated with the office they once held.”
This should be a life-long lesson for all officials of the party to know that the APC Party and its
affiliates must operate with strict adherence to its constitution. This is critical if we are to
maintain the integrity and reputation of our great party. We will all recall how strongly the US
Ambassador, Bryan Hunt in his statement in commemoration of the International Day of
Democracy emphasised the importance of political parties maintaining strict adherence to the
rule of law in their internal democracies to promote fairness and transparency in their internal
elections management.
|3
Weare copying the under-listed authorities in
anticipation of your this urgent action and addressing issuebefore it furtherundermines our party’scredibility and puts our future at risk.
Copy:
Political Parties Registration Commission,
National Chairman,
Deputy National Chairman,
APC Parliamentary Leader,
Chairman of the APC Elders Council,
National Organising Secretary,
National Legal Adviser,
Leader and Secretary General of the National Women’s Congress,
Leader and Secretary General of the National Young Congress,
National Coordinator,IEMC
File
Yours sincerely,
SIGNED ON BEHALF OF:
The Council of Past and Present Presidents of All Universities
The Current APC Students of Sierra Leonean
Name Position Institution
Signature
B-Ched
Molhantáel Solho haa – Prescenl -MmTU -Maana
G Steuen iSorsma SeCretary Genea-bTA
b- SLeku lontel – former fesidert- L – AAou bakarr Confe
MOkamed Gembu kooma
.Mohonad Sutimankamara – Jarmerfresydent- NAN fesdent APG
ata: 18H1124 lreSident-T
2.Atodula slla 3-6AAMl ALBEDkawan-hormer nd-nkkuy J5o horta- PresLent
|4