Parliament; or
if he is adjudged to be a lunatic or declared to be of unsound mind or sentenced to death; or
if he is adjudged or otherwise declared a bankrupt under any law and has not been discharged; or
if he resigns from office as a Member of Parliament by writing under his hand addressed to the Speaker, or
if the Office of Speaker is vacant or the Speaker is absent from Sierra Leone, to the Deputy Speaker; or
k. if he ceases to be a member of the political party of which he was a member at the time of his election to
Parliament and he so informs the Speaker, or the Speaker is so informed by the Leader of that political
party; or
l. if by his conduct in Parliament by sitting and voting with members of a different party, the Speaker is
satisfied after consultation with the Leader of that Member's party that the Member is no longer a member
of the political party under whose symbol he was elected to Parliament; or
m. if, being elected to Parliament as an independent candidate, he joins a political party in Parliament; or
n. if he accepts office as Ambassador or High Commissioner for Sierra Leone or any position with an
International or Regional Organization.
h.
i.
j.
(2) Any member of Parliament who has been adjudged to be a lunatic, declared to be of unsound mind, or sentenced
to death or imprisonment, may appeal against the decision in accordance with any law provided that the decision
shall not have effect until the matter has been finally determined.
Determination of
question as to
membership of
Parliament.
78. (1) The High Court shall have jurisdiction to hear and determine any question whether—
a.
b.
any person has been validly elected as a Member of Parliament; and
the seat of a Member of Parliament has become vacant.
(2) The High Court to which any question is brought under subsection (1) shall determine the said question and give
judgement thereon within four months after the commencement of the proceedings before that Court.
(3) An appeal shall lie to the Court of Appeal from the decision of the High Court on any matter determined pursuant
to subsection (1), save that no appeal shall lie in respect of any interlocutory decisions of the High Court in such
proceedings.
(4) The Court of Appeal before which an appeal is brought pursuant to subsection (3) shall determine the appeal and
give judgement thereon within four months after the appeal was filed.
(5) The decision of the Court of Appeal on any matter pursuant to subsection (3) shall be final and not be inquired
into by any Court.
(6) For the purpose of this section Parliament may make provision, or may authorise the making of provisions with
respect to the practice and procedure of the High Court or the Court of Appeal, and may confer upon such Courts
such powers or may authorise the conferment thereon of such powers as may appear to be necessary or desirable for
the purpose of enabling the said Courts effectively to exercise the jurisdiction conferred upon them by this section or
by any law relating to the hearing of appeals from the High Court.
The Speaker.
79. (1) The Speaker of Parliament shall be elected by the Members of Parliament from among persons who are
Members of Parliament or are qualified to be elected as such and who are qualified to be appointed Judges of the
Superior Court of Judicature or have held such office:
Provided that a person shall be eligible for election as Speaker of Parliament notwithstanding that such person is
a Public Officer or a Judge of the High Court, a Justice of the Court of Appeal or a Justice of the Supreme Court, and
such person, if elected, shall retire from the Public Service on the day of his election with full benefits.
(2) The Speaker shall be elected by a resolution in favour of which there are cast the votes of not less than two-thirds
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