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Constitution of the Republic of Sierra Leone |
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CHAPTER V
THE EXECUTIVE
PART I
THE PRESIDENT
Office of President.
40.
(1) There shall be a President of the Republic of Sierra Leone who shall be Head of State, the supreme executive authority of the Republic and the Commander-in-Chief of the Armed Forces.
(2) The President shall be the Fountain of Honour and Justice and the symbol of national unity and sovereignty.
(3) The President shall be the guardian of the Constitution and the guarantor of national independence and territorial integrity, and shall ensure respect for treaties and international agreements.
(4) Notwithstanding any provisions of this Constitution or any other law to the contrary, the President shall, without prejudice to any such law as may for the time being be adopted by Parliament, be responsible, in addition to the functions conferred upon him in the Constitution, for—
(a) all constitutional matters concerning legislation;
(b) relations with Foreign States;
(c) the reception of envoys accredited to Sierra Leone and the appointment of principal representatives of Sierra Leone abroad;
(d) the execution of treaties, agreements or conventions in the name of Sierra Leone;
(e) the exercise of the Prerogative of Mercy;
(f) the grant of Honours and Awards;
(g) the declaration of war; and
(h) such other matters as may be referred to the President by Parliament;
Provided that any Treaty, Agreement or Convention executed by or under the authority of the President which relates to any matter within the legislative competence of Parliament, or which in any way alters the law of Sierra Leone or imposes any charge on, or authorises any expenditure out of, the Consolidated Fund or any other fund of Sierra Leone, and any declaration of war made by the President shall be subject to ratification by Parliament—
(i) by an enactment of Parliament; or
(ii) by a resolution supported by the votes of not less than one-half of the Members of Parliament.
Qualifications for Office of President.
41. No person shall be qualified for election as President unless he—
(a) is a citizen of Sierra Leone;
(b) is a member of a political party;
(c) has attained the age of forty years; and
(d) is otherwise qualified to be elected as a Member of Parliament.
Election of President.
42.
(1) A Presidential candidate shall be nominated by a political party.
(2) The following provisions shall apply to an election to the office of President—
(a) all persons registered in Sierra Leone as voters for the purposes of election to Parliament shall be entitled to vote in the election;
(b) the poll shall be taken by a secret ballot on such day or days, at such time, and in such manner as may be prescribed by or under an Act of Parliament;
(c) a candidate for an election to the office of President shall be deemed to have been duly elected to such office where he is the only candidate nominated for the election after the close of nomination;
(d) where in an election to the office of President a candidate nominated for the election dies, is incapacitated or disqualified, the party which nominated him shall within seven days of such death, incapacitation or disqualification, nominate another candidate;
(e) no person shall be elected as President of Sierra Leone unless at the Presidential election he has polled not less than fifty-five per cent of the valid votes in his favour; and
(f) in default of a candidate being duly elected under paragraph (e), the two candidates with the highest number or numbers of votes shall go forward to a second election which shall be held within fourteen days of the announcement of the result of the previous election, and the candidate polling the higher number of votes cast in his favour shall be declared President.
(3) A person elected to the office of President under this section shall assume that office on the day upon which he is declared elected by the Returning Officer, or upon the date that his predecessor's term of office expires, whichever is the latter.
Period during which Presidential election shall take place.
43. A Presidential election shall take place—
(a) where the office of President is to become vacant by effluxion of time and the President continues in office after the beginning of the period of four months ending with the date
(b) when his term of office would expire by effluxion of time, during the first three months of that period;
in any other case, during the period of three months beginning with the date when the office of President becomes vacant;
Provided that—
(a) where any proceedings have been lawfully commenced or taken for the purposes of the election and assumption of office of a President, it shall not be recommended or retaken whether or not a President has thereby been duly elected, by reason only that a vacancy has occurred in the office of President otherwise than by effluxion of time; and the said proceedings shall, subject to the provision of this Constitution, be continued and committed in accordance with this Constitution and any other law for the time being in force relating thereto, with such modification as may be necessary; and
(b) where the office of President becomes vacant during a period when Parliament is dissolved, the Presidential election shall be held and completed before the election of Members of Parliament.
Parliament to make laws for election of President.
44. Parliament shall make laws for the purpose of regulating the election of President and other matters connected therewith.
Presidential Returning Officer.
45.
(1) The Chief Electoral Commissioner shall be the Returning Officer for the election of a President.
(2) Any question which may arise as to whether—
(a) any provision of this Constitution or any law relating to the election of a President under sections 42 and 43 of this Constitution has been complied with; or
(b) any person has been validly elected as President under section 42 of this Constitution or any other law,
shall be referred to and determined by the Supreme Court.
Tenure of office of President, etc.
46.
(1) No person shall hold office as President for more than two terms of five years each whether or not the terms are consecutive.
(2) Any person who is elected President while he is, or has been elected a Member of Parliament shall, on assuming office as President, cease to be an elected Member of Parliament and his seat shall be declared vacant.
(3). The President shall not, while he continues in office as President, hold any other office of profit or emolument in the service of Sierra Leone or occupy any other position carrying the right to remuneration for rendering services.
(4) Upon his assumption of office, the President shall take and subscribe the oath for the due execution of his office as set out in the Second Schedule to this Constitution.
(5) The oath aforesaid shall be administered by the Chief Justice of Sierra Leone or the person for the time being appointed to exercise the functions of the Chief Justice.
President in Parliament.
47. The President shall be entitled to address Parliament in person or to send a message to Parliament to be read by his Vice-President or a Minister on his behalf.
Incidents of office, etc.
48.
(1) The President shall receive such salary and allowances as may be prescribed by Parliament and such salary and allowances payable to the President are hereby charged on the Consolidated Fund.
(2) The salary and allowances of the President shall not be altered to his disadvantage during his tenure of office.
(3) The President shall be exempted from personal taxation.
(4) While any person holds or performs the functions of the office of President, no civil or criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official or private capacity.
(5) The President shall be entitled to such pension and retiring benefits as shall be prescribed by Parliament.
Vacancy in office of President.
49.
(1) The office of President shall become vacant—
(a) on the expiration of any of the terms prescribed in subsection (1) of section 46 of this Constitution; or
(b) where the incumbent dies or resigns or retires from that office; or
(c) where the incumbent ceases to hold that office in pursuance of section 50 or 51 of this Constitution:
Provided that the President shall not resign or retire from this office even at the due expiration of his term of office while a general election of Members of Parliament is pending within the ensuing three months, or where a state of public emergency has been declared.
(2) If Sierra Leone is at war in which the national territory is physically involved, and the President considers that it is not practicable to hold elections, Parliament may by resolution extend the period of five years mentioned in sub-section (1) of section 46, but no such extension shall exceed a period of six months at any one time.
(3) Any resignation or retirement by a person from the office of President shall be in writing addressed to the Chief Justice and a copy thereof shall be sent to the Speaker and the Chief Electoral Commissioner.
(4) Whenever the President dies, resigns, retires or is removed from office as a result of paragraphs (b) and (c) of subsection (1), the Vice-President shall assume office as President for the unexpired term of the President with effect from the date of the death, resignation, retirement or removal of the President, as the case may be.
(5) The Vice-President shall, before assuming office as President in accordance with subsection (4), take and subscribe the oath for the due execution of his office as set out in the Second Schedule to this Constitution.
Mental or physical incapacity.
50.
(1) Where the Cabinet has resolved that the question of the mental or physical capacity of the President to discharge the functions conferred on him by this Constitution ought to be investigated and has informed the Speaker accordingly, the Speaker shall, in consultation with the Head of the Medical Service of Sierra Leone, appoint a Board consisting of not less than five persons selected by him from among persons registered as medical practitioners under the laws of Sierra Leone.
(2) The Board appointed under subsection (1) shall enquire into the matter and make a report to the Speaker stating the opinion of the Board whether or not the President is, by reason of any infirmity of mind or body, incapable of discharging the functions conferred on the President by this Constitution.
(3) Where the Cabinet has resolved that the question of the mental or physical capacity of the President to discharge the functions conferred on him by this Constitution ought to be investigated in accordance with the provisions of subsection (1), the President shall, as soon as another person assumes the office of President, cased to perform those functions and until the Board submits its report, those functions shall be exercised in accordance with subsection (1) of section 52 of this Constitution.
(4) Where the Board reports that the President is incapable of discharging the functions conferred on him by this Constitution by reason of infirmity of mind or body, the Speaker shall certify in writing accordingly, and thereupon, the President shall cease to hold office and a vacancy shall be deemed to have occurred in the office of President and subsection (4) of section 49 of this Constitution shall apply.
(5) Upon receipt of the report of the Board referred to in subsection (4), the speaker shall—
(a) if Parliament is then sitting or has been summoned to meet, within five days communicate the report to Parliament;
(b) if Parliament is not then sitting (and notwithstanding that it may be prorogued), summon Parliament to meet within twenty-one days after the receipt by the Speaker of the report of the Board and communicate the report of the Board to Parliament.
(6) For the purposes of this section—
(a) the Cabinet may act notwithstanding any vacancy in its membership or the absence of any member;
(b) a Certificate by the Speaker that the President is by reason of mental or physical infirmity unable to discharge the functions of the office of President conferred on him by this Constitution shall, in respect of any period for which it is in force, be conclusive and shall not be entertained or enquired into in any court.
Misconduct by President.
51.
(1) If notice in writing is given to the Speaker signed by not less than one-half of all the Members of Parliament of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct in the performance of the functions of his office and specifying the particulars of the allegations and proposing that a tribunal be appointed under this section to investigate those allegations, the Speaker shall—
if Parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by Parliament within seven days of the receipt of the notice; or
if Parliament is not then sitting (and notwithstanding that it may be prorogued), summon Parliament to meet within twenty-one days of the receipt of the notice, and cause the motion to be considered by Parliament.(2) Where a motion under this section is proposed for consideration by Parliament, it shall meet in secret session and shall not debate the motion, but the Speaker or the person presiding in Parliament shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two thirds of all Members of Parliament, shall declare the motion to be passed.
(3). If a motion is declared to be passed under subsection (2)—
(a) the Speaker shall immediately notify the Chief Justice who shall appoint a tribunal which shall consist of a Chairman who shall be a Justice of the Supreme Court and not less than four others selected by the Chief Justice, at least two of whom shall hold or shall have held high judicial office;
(b) the Tribunal shall investigate the matter and shall within the period of three months from the date on which the motion was passed report to Parliament through the Speaker whether or not it finds the particulars of the allegation specified in the motion to have been sustained;
(c) the President shall have the right to appear and be represented before the Tribunal during its investigation of the allegations against him.
(4) If the Tribunal reports to Parliament that if finds that the particulars of any allegations against the President specified in the motion have not been substantiated, no further proceedings shall be taken under this Section in respect of that allegation.
(5) Where the Tribunal reports to Parliament that it finds that the particulars of any allegation specified in the motion have been substantiated, Parliament may, in secret session, on a motion supported by not less than two-thirds of all the Members of Parliament, resolve that the President has been guilty of such violation of the Constitution or, as the case may, such gross misconduct as is incompatibile with his continuance in office as President; and where Parliament so resolves, the President shall thereupon cease to hold office and a vacancy shall then be deemed to have occurred in the office of President and subsection (4) of Section 49 of this Constitution shall apply accordingly.
Temporary filling of vacancy.
52.
(1) Whenever the President is absent from Sierra Leone or is by reason of illness or any other cause unable to perform the functions conferred upon him by this Constitution, those functions shall be performed by the Vice-President.
(2) Upon assumption of office under subsection (1), the Vice-President shall not take and subscribe the oath of office of President.
PART II
EXECUTIVE POWERS
Exercise of executive authority in Sierra Leone.
53.
(1) Subject to the provisions of this Constitution, the executive power in Sierra Leone shall vest in the President and may be exercised by him directly or through members of the Cabinet, Ministers, Deputy Ministers, Deputy Ministers or public officers subordinate to him.
(2) In the exercise of his functions, the President may act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where, by this Constitution or any other law, he is required to act with the approval of Parliament or in accordance with the advice of any person or authority other than the Cabinet:
Provided that the President shall always act in accordance with his deliberate judgement in signifying his approval for the purpose of an appointment to an office on his personal staff.
(3) Where by this Constitution or under any other law the President is required to act in accordance with the advice of any person or authority, the question whether he has in any case received or acted in accordance with such advice shall not be inquired into in any court.
(4) The reference in subsection (1) to the functions of the President shall be construed as reference to his powers and duties in the exercise of the executive authority of Sierra Leone and to any other powers and duties conferred or imposed on him as President by or under this Constitution or any other law.
(5) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.
Vice President
54.
(1) There shall be a Vice-President of the Republic of Sierra Leone who shall be the Principal Assistant to the President in the discharge of his executive functions.
(2) A person—
(a) shall be designated a candidate for the office of Vice-President by a Presidential candidate before a Presidential election;
(b) shall not be qualified to be a candidate for the office of Vice-President unless he has the qualifications specified in section 41.
(3) A candidate shall be deemed to be duly elected as Vice-President if the candidate who designated him as candidate for election to the office of Vice-President has been duly elected as President in accordance with the provisions of section 42.
(4) The Vice-President shall, before entering upon the duties of his office, take and subscribe the oath of Vice-President as set out in the Third Schedule of this Constitution.
(5) Whenever the office of the Vice-President is vacant, or the Vice-President dies, resigns, retires or is removed from office, the President shall appoint a person qualified to be elected as a Member of Parliament to the office of Vice-President with effect from the date of such vacancy, death, resignation, retirement or removal.
(6) Whenever the President and Vice-President are both for any reason unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or Vice-President is able to perform those functions, and shall take and subscribe the oath of office as set out in the Second Schedule before commencing to perform those functions.
(7) Where the Speaker of Parliament assumes the office of President as a result of the death, resignation or removal from office of the President and Vice-President, there shall be a Presidential election within ninety days of that assumption of office.
(8) The provisions of sections 50 and 51 of this Constitution, relating to the removal from office of the President, shall apply to the removal from office of the Vice-President.
Vacancy in the office of Vice- President.
55. The office of the Vice-President shall become vacant—
(a) on the expiration of the term of office of the President; or
(b) if the Vice-President resigns or retires from office or dies; or
(c) if the Vice-President is removed from office in accordance with the provisions of section 50 or 51 of this Constitution; or
(d) upon the assumption by the Vice-President to the office of President under subsection (4) of section 49.
Ministers and Deputy Ministers of Government.
56.
(1) There shall be, in addition to the office of Vice-President, such other offices of Ministers and Deputy Ministers as may be established by the President:
Provided that no Member of Parliament shall be appointed a Minister or Deputy Minister.
(2) A person shall not be appointed a Minister or Deputy Minister unless—
(a) he is qualified to be elected as a Member of Parliament; and
(b) he has not contested and lost as a candidate in the general election immediately preceding his nomination for appointment; and
(c) his nomination is approved by Parliament.
(3) A Minister or a Deputy Minister shall not, while he continues in office, hold any other office of profit or emolument whether by way of allowances or otherwise, whether private or public, and either directly or indirectly;
Provided that the Vice-President, the Ministers and the Deputy Ministers shall be entitled to such remuneration, allowances, gratuities, pensions, and other incidents of office as may be prescribed by Parliament.
(4) Subject to the provisions of section 53 of this Constitution, the Ministers and Deputy Ministers shall hold office at the President's discretion.
(5) Subject to the provisions of subsection (6), the Vice-President and the other Ministers under the direction of the President shall be responsible for such departments of State or other business of the Government as the President may assign to them.
(6) Notwithstanding the provisions of subsection (5), the President shall be responsible for such departments of State, including the Commissions established under this Constitution, as he may determine.
Oaths to be taken by Ministers, etc.
57. A Minister or a Deputy Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath for the due execution of his duties as set out in the Third Schedule.
Ministerial vacancies.
58.
(1) The office of a Minister or a Deputy Minister shall become vacant—
(a) on the expiration of the term of office of the President; or
(b) if his appointment is revoked by the President; or
(c) if he resigns or retires from office or dies; or
(d) if he is elected as Speaker or Deputy Speaker of Parliament; or
(e) upon the assumption of any other person to the office of President.
(2) Notwithstanding the provisions of paragraphs (a) and (e) of subsection (1), Ministers and Deputy Ministers shall not vacate office as such by reason of the expiration of the term of office of the President or the assumption by the Speaker to the office of President pursuant to subsections (7) and (8) of section 54 and shall accordingly continue to perform the functions of their respective offices until the election of the new President and the Vice-President.
Establishment of Cabinet.
59.
(1) There shall be a Cabinet whose functions shall be to advise the President in the government of Sierra Leone and which shall consist of the President, the Vice-President and such Ministers as the President may from time to time appoint.
(2) A person appointed as a Member of Cabinet shall vacate his seat in the Cabinet is he ceases to be a Minister or if the President so directs.
(3) The Cabinet shall determine the general policy of the Government.
(4) The President shall hold regular meetings of the Cabinet at which he shall preside, and in his absence the Vice-President shall preside.
Collective responsibility.
60.
(1) The Cabinet shall be collectively responsible to Parliament for any advice given to the President by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office.
(2) The provisions of this section shall not apply in relation to—
(a) the appointment and removal from office of Ministers and Deputy Ministers, or the assignment of responsibility to any Minister; or
(b) the exercise of the prerogative of mercy; or
(c) the exercise by the Attorney-General and Minister of Justice or the Director of Public Prosecutions of the powers conferred upon them under section 66.
Constitution of offices.
61. Subject to the provisions of this Constitution and of any Act of Parliament, the President may constitute offices for Sierra Leone, make appointments to any such office and terminate any such appointment.
Administration of Ministries.
62. Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary, whose office shall be a public office:
Provided that two or more Departments of Government may be placed under the supervision of one Permanent Secretary.
Prerogative of Mercy.
63.
(1) The President may, acting in accordance with the advice of a Committee appointed by the Cabinet over which the Vice-President shall preside—
(a) grant any person convicted of any offence against the laws of Sierra Leone a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any punishment imposed on any person for such an offence;
(d) remit the whole or any part of any punishment imposed upon any person for such an offence or any penalty or forfeiture otherwise due to the Government on account of such an offence.
(2) Where any person has been sentenced to death by any Court for any offence, the Committee appointed under subsection (1) shall cause a written report of the case from the trial judge together with such other information, including a medical report on the prisoner, derived from the record of the case or elsewhere, as the Committee may require, to be submitted to it as soon as possible.
Establishment of office of Attorney- General and Minister of Justice.
64.
(1) There shall be an Attorney-General and Minister of Justice who shall be the principal legal adviser to the Government and a Minister.
(2) The Attorney-General and Minister of Justice shall be appointed by the President from among persons qualified to hold office as a Justice of the Supreme Court and shall have a seat in the Cabinet.
(3) All offences prosecuted in the name of the Republic of Sierra Leone shall be at the suit of the Attorney-General and Minister of Justice or some other person authorised by him in accordance with any law governing the same.
(4) The Attorney-General and Minister of Justice shall have audience in all Courts in Sierra Leone except local courts.
Solicitor- General
65.
(1) There shall be a Solicitor-General, whose office shall be a public office.
(2) The Solicitor-General shall be appointed by the President on the advice of the Judicial and Legal Service Commission and he shall, before assuming the functions of his office, take and subscribe to the oath as set out in the Third Schedule to this Constitution.
(3) A person shall not be qualified to hold or act in the office of Solicitor-General unless he is qualified for appointment as a Justice of the Court of Appeal.
(4) The Solicitor-General shall be the principal assistant to the Attorney-General and Minister of Justice.
(5). The Solicitor-General shall have audience in all courts in Sierra Leone except local courts.
(6). The Solicitor-General shall in all matters or any other law be subject to the general or special direction of the Attorney-General and Minister of Justice.
(7) Subject to the provisions of this section, a person holding the office of Solicitor-General shall vacate his office when he attains the age of sixty-five years.
(8) If the office of Solicitor-General is vacant or the holder of that office is for any reason unable to perform the functions thereof, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsection (7) and subsections (9) to (12) inclusive, continue to act until a person has been appointed to and has assumed the functions of the office of Solicitor-General or until the person holding that office has resumed those functions.
(9) The Solicitor-General may be removed from office only for inability to discharge the functions of his office, (whether arising from infirmity of mind or body or any other cause), or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
(10) If the Judicial and Legal Service Commission represents to the President that the question of removing the Solicitor-General from office under subsection (9) ought to be investigated then—
(a) the President, acting in consultation with the Judicial and Legal Service Commission, shall appoint a tribunal which shall consist of a Chairman and two other members, all of whom shall be persons who hold, have held or are qualified to hold office as a Justice of the Supreme Court; and
(c) the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon, and recommend to the President whether the Solicitor-General ought to be removed from office under subsection (12).
(11) Where the question of removing the Solicitor-General from office has been referred to a tribunal under subsection (10), the President may suspend the Solicitor-General from performing the functions of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Solicitor-General shall not be removed from office.
(12) The Solicitor-General shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (10) and the tribunal has recommended to the President that he ought to be removed from office of inability to discharge the functions of his office as stated in subsection (9) or for misbehaviour.
Director of Public Prosecutions
66.
(1) There shall be a Director of Public Prosecutions whose office shall be a public office.
(2) The Director of Public Prosecutions shall be appointed by the President on the advice of the Judicial and Legal Service Commission and subject to the approval of Parliament, and shall, before assuming the functions of his office, take and subscribe to the oath as set out in the Third Schedule to this Constitution.
(3) A person shall not be qualified to hold or act in the office of Director of Public Prosecutions unless he is qualified for appointment as a Justice of the Court of Appeal.
(4) Subject to subsection (3) of section 64, the Director of Public Prosecutions shall have power in any case in which he considers is desirable so to do—
(a) to institute and undertake criminal proceedings against any person before any court in respect of any offence against the laws of Sierra Leone;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(5) The powers of the Director of Public Prosecutions under subsection (4) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
(6) The Director of Public Prosecutions shall in all matters including his powers under this Constitution or any other law be subject to the general or special direction of the Attorney-General and Minister of Justice.
(7) The powers conferred upon the Attorney-General and Minister of Justice by this section shall be vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this section shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.
(8) In the exercise of the powers conferred upon him by this section, the Attorney-General and Minister of Justice shall not be subject to the direction or control of any other person or authority.
(9) For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court shall be deemed to be part of those proceedings.
(10) Subject to the provisions of this section, a person holding the office of Director of Public Prosecutions shall vacate his office when he attains the age of sixty-five years.
(11) If the office of Director of Public Prosecutions is vacant or the holder of that office is for any reason unable to perform the functions thereof, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsection (10) and subsections (12) to (15) inclusive, continue to act until a person has been appointed to and has assumed the functions of the office of Director of Public Prosecutions or until the person holding that office has resumed those functions.
(12) The Director of Public Prosecutions may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
(13) If the Judicial and Legal Service Commission represents to the President that the question of removing the Director of Public Prosecutions from office under subsection (12) ought to be investigated then—
(a) the President, acting in consultation with the Judicial and Legal Service Commission, shall appoint a tribunal which shall consist of a Chairman and two other members, all of whom shall be persons who hold, have held, or are qualified to hold office as a Justice of the Supreme Court; and
(b) the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon to the President and recommend to the President whether the Director of Public Prosecutions ought to be removed from office under subsection (15).
(14) Where the question of removing the Director of Public Prosecutions from office has been referred to a tribunal under subsection (10), the President may suspend the Director of Public Prosecutions from performing the functions of his office, and any such suspension may at any time be revoked by the President, and shall in any case cease to have effect if the tribunal recommends to the President that the Director of Public Prosecutions shall not be removed from office.
(15) The Director of Public Prosecutions shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (13) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
Secretary to the President.
67.
(1) There shall be a Secretary to the President who shall be appointed by the President at his sole discretion.
(2) The functions of the Secretary to the President shall include—
(a) acting as the principal adviser to the President on Public Service matters;
(b) the administration and management of the Office of the President, of which he shall also be Vote Controller;
(c) the performance of all other functions assigned to him from time to time by the President.
(3) The office of Secretary to the President and the offices of members of his staff shall be public offices.
(4) Before assuming the functions of his office, the Secretary to the President shall take and subscribe to the oath as set out in the Third Schedule to this Constitution.
Secretary to the Cabinet.
68.
(1) There shall be a Secretary to the Cabinet who shall be the Head of the Civil Service and whose office shall be a public office.
(2) The Secretary to the Cabinet shall be appointed by the President in consultation with the Public Service Commission.
(3) The functions of the Secretary to the Cabinet shall include—
(a) having charge of the Cabinet Secretariat;
(b) responsibility for arranging the business for, and keeping the minutes of, the Cabinet, and for conveying the decisions of the Cabinet to the appropriate person or authority, in accordance with such instructions as may be given to him by the President;
(c) co-ordinating and supervising the work of all administrative heads of ministries and departments in the Public Service;
(d) such other functions as the President may from time to time determine.
(4) The Secretary to the Cabinet shall not assume the duties of his office unless he has taken and subscribed to the oath as set out in the Third Schedule to this Constitution.
Secretary to the Vice-President.
69.
(1) There shall be a Secretary to the Vice-President whose office shall be a public office.
(2) The Secretary to the Vice-President shall be appointed by the President in consultation with the Public Service Commission and shall, before assuming the functions of his office, take and subscribe to the oath as set out in the Third Schedule to this Constitution.
Power of appointment vested in the president.
70. The President may appoint, in accordance with the provisions of this Constitution or any other law the following persons—
(a) the Chief Justice;
(b) any Justice of the Supreme Court, Court of Appeal, or Judge of the High Court;
(c) the Auditor-General;
(d) the sole Commissioner or the Chairman and other Members of any Commission established by this Constitution;
(e) the Chairman and other Members of the governing body of any corporation established by an Act of Parliament, a statutory instrument, or out of public funds, subject to the approval of Parliament.
71. Notwithstanding the provisions of section 152 of this Constitution and save as otherwise provided in this Constitution, the President shall, in accordance with the provisions of this Constitution or any other law, appoint—
(a) to any office to which section 141 (which relates to the offices within the jurisdiction of the Judicial and Legal Service Commission) applies;
(b) to any office to which sections 153 and 154, which relate to certain offices abroad and the offices of Permanent Secretaries respectively, apply;
the Governor and the other members of the governing body of any State Bank, Banking or Financial Institutions.
Office of Paramount Chief.
72.
(1) The institution of Chieftaincy as established by customary law and usage and its non-abolition by legislation is hereby guaranteed and preserved.
(2) Without derogating from the generality of the provisions of subsection (1), no provision of law in so far as it provides for the abolition of the office of Paramount Chief as existing by customary law and usage immediately before the entry into force of this Constitution, shall have effect unless it is included in an Act of Parliament and the provisions of Section 108 shall apply in relation to the Bill for such an Act as they apply in relation to the Bill for an Act of Parliament that alters any of the provisions of this Constitution that are referred to in subsection (3) of that section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of subsection (1) to the extent that the law in question makes provision for the determination, in accordance with appropriate customary law and usage, of the validity of the nomination, election, unseating or replacement of any Paramount Chief, or the question of restraining in any way the exercise of any rights, duties, privileges or functions conferred upon, or enjoyed by him, by virtue of his office or the installation or deposition of a person as a Paramount Chief.
(4) A Paramount Chief may be removed from office by the President for any gross misconduct in the performance of the functions of his office if after a public inquiry conducted under the Chairmanship of a Judge of the High Court or a Justice of Appeal or a Justice of the Supreme Court, the Commission of Inquiry makes an adverse finding against the Paramount Chief, and the President is of the opinion that it is in the public interest that the Paramount Chief should be removed.
(5) Subject to the provisions of this Constitution and in furtherance of the provisions of this section, Parliament shall make laws for the qualifications, election, powers, functions, removal and other matters connected with the Chieftaincy.
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