Period during which
Presidential elections
shall take place.
43. A Presidential election shall take place—
a.
b.
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 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;
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; and
c.
Where any proceedings have been lawfully commenced or taken for the purposes of the election and
assumption of office of a President, if in such proceedings, due to any exceptional circumstances, a date
has been appointed independently of paragraphs (a) and (b) of section 43 for the holding of the
elections, such date shall be taken to be included in any period required to enable the President to
continue in office as if Parliament has granted an extension of the presidential term of office under
section 49(2) for a period of four months commencing from any date on which the presidential term
would have otherwise expired, but the foregoing shall be without prejudice to subsection (3) of section
42.
Parliament to make laws
for election of President.
44. Parliament shall make laws for the purpose of regulating the election of the 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.
b.
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
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.
Second Schedule.
(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
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