Maximum adjudication time for the full EDR process (days)

Sierra Leone

Sierra Leone

Answer
254 days
Source

Constitution

78. (1) The High Court shallhave jurisdiction to hear and determine any question whether—

a. any person has beenvalidly elected as a Member of Parliament; and

b. the seat of a Memberof Parliament has become vacant.

 

(2)The High Court to which any question is brought under subsection (1) shalldetermine the said question and give judgement thereon within four months after thecommencement of the proceedings before that Court.

(3)An appeal shall lie to the Court of Appeal from the decision of the High Courton any matter determined pursuant to subsection (1), save that no appeal shalllie in respect of any interlocutory decisions of the High Court in suchproceedings.

(4)The Court of Appeal before which an appeal is brought pursuant to subsection(3) shall determine the appeal and give judgment thereon within four months after theappeal 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 ofthis section Parliament may make provision, or may authorise the making ofprovisions with respect to the practice and procedure of the High Court or theCourt of Appeal, and may confer upon such Courts such powers or may authorisethe conferment thereon of such powers as may appear to be necessary ordesirable for the purpose of enabling the said Courts effectively to exercisethe jurisdiction conferred upon them by this section or by any law relating tothe hearing of appeals from the High Court.

 

Elections Act, 2012

 

145. (1) An appeal shall lie to the Court of Appealfrom the determination of the High Court upon an election petition, or aproceeding of the High Court taken under section 138 at the suit of a Party tothe petition or proceedings, and the decision of the Court of Appeal on theappeal shall be final to all intents and purposes.

(2) Notwithstanding any provisions to the contrary,the Court of Appeal shall not entertain an appeal under this section unlessnotice of the appeal has been given within fourteen days of the determination in question.

Comment

High court (4 months) + 14 days (appeal to Court ofAppeal) + Court of Appeal (4 months) = 254 days

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