By Alex Jimmy Gorgra
The Minister of Technical and Higher Education (MTHE) has flagrantly overstepped legal and constitutional boundaries by ordering the closure of the Tertiary Education Commission (TEC), a move that amounts to a blatant abuse of executive power and an affront to Sierra Leone’s democratic governance.
The TEC Act, 2025, passed by Parliament, explicitly establishes TEC as an independent statutory body with clear mandates that cannot be unilaterally revoked or suspended by any minister. The Minister’s directive to shut down TEC is not only unlawful but an outright ultra vires act that undermines the very foundations of administrative law and constitutionalism in this country.
No minister has the legal authority to dissolve or incapacitate a parliamentary commission by decree. This reckless exercise of power flagrantly violates the separation of powers doctrine, violates the supremacy of Parliament, and sets a dangerous precedent for executive impunity.
The Minister’s action exposes a disturbing willingness to trample on the rule of law for personal or political convenience, disregarding the devastating consequences for students, academic institutions, and the nation’s educational future. The closure threatens to create a regulatory void where unaccredited institutions may flourish unchecked, directly harming public trust and the integrity of our education system.
If the Minister had legitimate concerns about TEC’s performance, the law provides clear, lawful mechanisms for addressing them parliamentary oversight, independent audits, or legislative amendment not arbitrary shutdowns. This ministerial overreach is not only unlawful but reckless governance that invites legal challenge and public condemnation.
By attempting to unilaterally dismantle a statutory institution, the Minister has not only violated the TEC Act but has also shown contempt for democratic accountability and the constitutional order. It is imperative that Parliament, the Judiciary, and civil society hold the Minister accountable for this unlawful and dangerous assault on the rule of law.
The defense of the Tertiary Education Commission is a defense of Sierra Leone’s constitutional democracy itself. The Minister must immediately reverse this unlawful directive, and those responsible for this egregious abuse of power must be subject to full legal scrutiny.
