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High Court Overturns Controversial 2018 Ruling in Paramount Chieftaincy Dispute

FORUM NEWS SIERRA LEONE by FORUM NEWS SIERRA LEONE
27 November 2024
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The High Court of Sierra Leone has delivered a landmark judgment overturning a contentious 2018 ruling that had stalled the paramount chieftaincy election in Sanda Magbolonton Chiefdom, Karene District, for nearly seven years. The decision, handed down in November 2024, nullifies the September 5, 2018, judgment by Justice A.T. Ganda that declared Dauda M. Sesay the sole eligible candidate for the chieftaincy from the Kintor Ruling House.

The 2018 judgment had imposed an injunction on the electoral process, barring the Chief Electoral Commissioner, the Minister of Local Government and Rural Development, and other authorities from conducting the election. However, this latest ruling clears the path for a fresh electoral process, including all rightful candidates from the two ruling houses — Kintor and Kamara — as recognized in the chiefdom.

The High Court judgment was successfully challenged by Betts & Berewa Law Firm on behalf of other interested candidates excluded from the 2018 petition. The legal team filed a Notice of Motion in May 2022, highlighting irregularities in the earlier ruling, which had omitted other eligible parties and violated provisions of the Chieftaincy Act 2009.

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Lawyers representing the excluded candidates argued that the 2018 judgment contradicted Sections 8(2) and 14(2) of the Chieftaincy Act, which require fair inclusion of all eligible contestants in such disputes. They also contended that the petitioner, Dauda M. Sesay, lacked legal standing to file his case without involving other interested parties, as mandated by Order 61, Rule 5 of the High Court Rules 2007.

The court found merit in these arguments, ruling that the 2018 decision was procedurally flawed and unjust. Justice Ganda’s ruling, which exclusively favored Sesay and effectively excluded nine other candidates, was annulled.

The news has sparked widespread jubilation across Sanda Magbolonton Chiefdom, where residents have been without a Paramount Chief for years. Retired Superintendent Sankoh, one of the interested parties, welcomed the verdict, calling it “the wish of the sons and daughters of Sanda Magbolonton.”

“We are grateful to Lawyer Elvis Kargbo and his team for championing this cause. Now, we urge the government to act swiftly and schedule elections so we can finally have a leader,” Sankoh said in an interview.

The judgment directs authorities, including the Ministry of Local Government and Rural Development, to expedite preparations for a new election that includes all eligible candidates from the chiefdom’s ruling houses. Tribal authorities and residents have called for the chiefdom to be gazetted promptly to facilitate the election process.

As Sanda Magbolonton Chiefdom awaits its first paramount chieftaincy election in over a decade, hopes are high that the fresh process will restore stability and unity in the region.

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