By Umaru Fofana
Rolland Wright, lawyer for the suspended Auditor General says the tribunal set up to try his client lacks jurisdiction to do so.
Lara Taylor-Pearce and her deputy, Tamba Momoh were suspended in November by President Julius Maada Bio on allegations of misconduct and the lack of professional performance. Allegations they both vehemently deny.
At the tribunal’s first hearing yesterday, Wright said his client could not submit herself to the jurisdiction of the tribunal. He said they had taken the matter to the Supreme Court for interpretation and wondered whether the tribunal needed to wait until that had been determined before taking any further steps.
“Staying here [before the tribunal] will imply having accepted that which we are questioning,” he told the court.
Speaking to Politico, he elaborated on his objection saying: “This tribunal doesn’t have jurisdiction and cannot therefore hold the inquiry”.
Asked why so, he said it “is not constitutionally composed or its composition is not in compliance with constitutional requirements and therefore it lacks jurisdiction to hear anything”.
On whether he wouldn’t cooperate with the panel, he said: “I will let them know again and again; and I have already filed papers to the Supreme Court to ensure that the Supreme Court tells them to stop their proceedings for lack of jurisdiction…Two of them in my opinion are not qualified to be on the panel”.
He also raised objection over the lack of rules of procedure and of evidence – or even the lack of witness statements.
Lawyer for the deputy auditor general, Mohamed PaMomoh Fofana also raised objections including the same jurisdictional issue. “I intend to make your work very short and simple by very strongly making a jurisdictional statement that’s governed by the same constitution this panel has quoted and is relying on”.
Reading from the Act that set up the Audit Service and the handbook, he argued why his client should not face the tribunal. The panel objected to his objection saying he had better wait until it was time for that before adjourning to 7 April.
Earlier, the Chair of the Tribunal, retired Supreme Court Justice Finda Nyawo Matturie-Jones sought to assure the two auditors of “fair play and natural justice”. She said they would be treated fairly and that the mechanism was in fact a protection for the two, as enshrined in the country’s constitution to forestall presidential overreach.
The state counsels did not state their case against the auditors only alleging a breach of social performance. The Attorney General, Mohamed Lamin Tarawallie promised fairness and justice throughout the process, saying the issue before the court was “very serious” and that they would soon lead evidence to make their case of misconduct or unprofessional behavior. “It is not a witch-hunt, it is in compliance with the rule of law and democracy,” he said.
Lara Taylor Pearce and her deputy Tamba Momoh were suspended in November drawing an angry reaction both at home and abroad – because of the respect and admiration of their work. At the tribunal yesterday, Lara looked unperturbed and even smiled occasionally.
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