Constitution

Sierra Leone 1991 Constitution (reinstated 1996, reviewed 2013)

Table of Contents

CHAPTER XI. THE ARMED FORCES

165. Establishment of the Armed Forces

  1. There shall be the Armed Forces of Sierra Leone which shall consist of the Army, the Navy and the Air Force, and such other branches for which provision is made by Parliament.
  2. The principal function of the Armed Forces shall be to guard and secure the Republic of Sierra Leone and preserve the safety and territorial integrity of the State, to participate in its development, to safeguard the people’s achievements and to protect this Constitution.
  3. No member of the Armed Force shall hold office as President, Vice-President, Minister or Deputy Minister, or be qualified for election as a Member of Parliament whilst he remains a member of the Armed Forces.

166. Prohibition of private armed forces

No person shall raise any armed force except by or under the authority of an Act of Parliament.

167. Establishment of Defence Council

  1. There is hereby established a body to be known as the Defence Council which shall consist of—
    1. the Chairman, Armed forces Revolutionary Council, who shall be Chairman;
    2. the Chief Secretary of State;
    3. the Under Secretary of State for Defence;
    4. the Chief of Defence Staff;
    5. the Commanders of the Armed Forces (Army, Navy and Air Force) and their Deputies;
    6. the Secretary of State, Internal Affairs;
    7. two other persons as the Chairman, Armed Forces Revolutionary Council, shall from time to time appoint.
  2. Every member of the Defence Council shall, before assuming the function of his office, take and subscribe the oath as set out in the Third Schedule to the Constitution of Sierra Leone, 1991.
  3. The Permanent Secretary of the Department of Defence shall be the Secretary to the Council.

168. Appointments in the Armed Forces

  1. The President, acting on the advice of the Defence Council, shall appoint the Chief of Defence Staff of the Armed Forces.
  2. Subject to the provisions of this section and to the control or directives of the Defence Council, the Chief of Defence Staff and the Commanders of the Armed Forces shall be responsible for the operational control and the administration of the Armed Forces as a whole.

169. Functions of the Defence Council

  1. The Defence Council shall advise the President on all major matters of policy relating to defence and strategy including the role of the Armed Forces, military budgeting and finance, administration and the promotion of officers above the rank of Lieutenant or its equivalent.
  2. The Defence Council may, with the prior approval of the President, make regulations for the performance of its functions under this Constitution or any other law, and for the effective and efficient administration of the Armed Forces.
  3. Regulations made pursuant to the provisions of subsection (2) shall include regulations in respect of—
    1. the control and administration of the Army, the Navy and the Air Force of Sierra Leone;
    2. the ranks of officers and men of each Armed Force, the members in each such rank and the use of uniforms by such men;
    3. the conditions of service, including those relating to the enrolment and to the pay, pensions, gratuities and other allowances of officers and men of each Armed Force and deductions therefrom;
    4. the authority and powers of command of officers and men of each Armed Force; and
    5. the delegation to other persons of powers of commanding officers to try accused persons, and the conditions subject to which such delegation may be made.