The Court of Appeal presided over by Justice Michael P.H Mami has withdrawn files relating to the former deputy Minister of Health and Sanitation, Madina Rahman for ruling, after thirty minutes each was allotted to counsel representing the appellant and the state. The court also gave ten minutes to the appellant's Lawyer, Ady Macaulay, and the Lawyer representing the Attorney General and Minister of Justice, Robert B. Kowa, for rebuttals and rejoinders.
Rahman, a person of interest in one of the three commissions of inquiry appealed against the recommendations and findings of the chairman and sole commissioner. Apart from the jurisdictional challenge made by her Lawyer, Ady Macaulay argument was also presented that the sole commissioner lacks functional competence.
Amongst Lawyer Ady Macaulay's grounds of appeal, he positioned that the appellant does not bear the ultimate responsibility or accountability for the affairs and finances of the ministry she was part of. He went on to argue that the findings and recommendations relating to the appellant made by Justice Biobelle George-Will during the course of the inquiry went against the weight of the evidence presented at the proceedings.
Lawyer Robert B. Kowa, arguing on behalf of the Attorney General and Minister of Justice stoutly denied and contested all grounds of appeal on the basis that the Chairman and Sole Commissioner has the competence and jurisdiction pursuant to Constitutional Instrument No. 64 of 2018 which gives them the residual power to issue practice direction pertinent to the commission.
He further contended that the Commission has the functional competence by virtue of the instrument of appointment, adding that the fact and evidence before the Commission is concomitant with the findings and recommendations reached.
Notice is expected to be sent for judgment by the empaneled Justices.
In another matter, Osman Jalloh Esq representing Osman Badara Sesay, also filed several grounds of appeal on behalf of the appellant. Lawyer R.B. Kowa on behalf of the Attorney General and Minister of Justice had also filed rebuttal.
The judges Michael P.H. Mami, Tonia Barnett andA.K.Musa unanimously allotted time for each counsel to argue their synopsis and rebuttals. The matter comes up on Wednesday 26th May, 2021.
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