By Henry Kargbo
Former Attorney General and Minister of Justice, who dubs as leader and presidential candidate of the People’s Movement for Democratic Change – PMDC in the concluded 24 June multitier elections, Charles Francis Kondo Margai on Thursday 13 July 2023 get out of his nerves when the Hon Chief Justice, Desmond Babatunde Edwards, alongside four other judges dismissed his oral application put before the court.
According to lawyer Margai, in his oral application requested the Hon Chief Justice and Justice Ivan Sesay to step aside before the matter with regards the PMDC and the Chief Electoral Commissioner, Electoral Commission for Sierra Leone commences.
Having listened carefully to the oral application, the Hon Chief Justice ruled that Charles Margai application for the C J and Hon Justice Ivan Sesay not to constitute the panel needs to be supported by a written affidavit.
Therefore, Chief Justice pronounced that the oral application was dismissed, stating the applicant is at liberty to file such motion within ten days of the ruling, which he noted will allows them to proceed with the hiring of the substantive action.
Addressing the bench after the ruling, Charles Francis Margai said, “I have carefully considered the application as un-parliamentary language and i will go and file the notice of motion before the stipulated time.”
It’s could recall that Charles Francis K. Margai application was made on Thursday 6 July 2023, stated that the Hon Chief Justice sworn-in the President elect, Julius Maada Bio with such rapidity presupposing that he was either cognizant of his declaration by the Chief Electoral Commission, as President elect or he was aware of the same.
He informed the bench that as a reasonable intellectual, “you must have presumed if not satisfied yourself that the process leading to the declaration of Julius Maada Bio as elected President was faulty with many irregularities.”
He said if that assumption is correct, then I will submit, it would be conflict of interest to be a member of this panel, citing the case of Sam Hinga Norman at the Special Court for Sierra Leone, where Justice Winter was asked to step aside.
With regards Hon Justice Ivan Sesay, Lawyer Margai made reference to Section 28 (6) of Sierra Leone 1991 Constitution, noting that in such a matter, which is not only a grave concern but also touched on Human Rights, it is necessary for the Attorney General not to lead such case and also all the Judges.
According to the notice of motion filed by Patrick John of the PMDC, requesting the Supreme Court to declare as un-constitutional and therefore null and void the appointment of Mohamed K. Konneh as Chief Electoral Commissioner, Electoral Commission for Sierra Leone (ECSL), since Mohamed K. Konneh was Director of the Finance Intelligence Unit – FIU and therefore, a public official.
As such, the side appointment contravenes the provisions of Section 32(3) & (4)17,75(c), 76(1b), 171(1) and (4) of the 1991 Constitution.
He said secondly, the Supreme Court declares that failure to publish by notice in the Gazette, that nomination of Candidates be delivered to the Electoral Commissioner, or the National Returning Officer designated by the commission as quick as possible.
“The Chief Justice and Justice Ivan Sesay, Justice Nicholas Brown Marke, Justice Deen Tarawallie and Justice Alusine Sesay, are among the five Justice being empanelled at the Supreme Court to investigate the matter filed by PMDC and Patrick John against ECSL and Attorney General and Minister of Justice.
