By Mohamed Foday Conteh
The High Court in Freetown is set to rule on the legality of the All People’s Congress (APC) National Advisory Committee’s (NAC) decision bordering on selections made in the running up to the 2018 elections.
This development took place on Wednesday 8th December 2021 when Jesse Jengo, the lawyer representing APC Diaspora member Alfred Peter Conteh, said NAC’s selection decision in 2017 was illegal since it is against the party’s 1995 Constitution.
Lawyer Jengo told the judge that NAC is not mandated to override the Constitution. “This is a situation where the creation wanted to consume the creator,” he said.
He added that the membership of the party should not follow one ambit of the 1995 Party constitution and leave another realm.
The lawyer for the plaintiff made reference to paragraphs where NAC alluded those selections were made.
Jengo also submitted in court that the affidavit was sworn to by Alhaji Osman Foday Yansaneh (Second defendant) on the 1st December 2021 be ‘uncontroverted’ especially paragraph five and asked the judge to discountenance it.
He said the crux of their case against former president Ernest Bai Koroma, Yansaneh, and the party is that the 1995 Constitution was violated by the trio.
Jengo said if the court grant what they prayed for, it will be in the interest of the ‘true and true supporters of the party.
Ady Macauley, the lawyer representing the party, said he never disputed that some elections were not held and some were held. He affirmed in court that some were done by selection.
He stated in court that the application filed by the plaintiff was done with the wrong premise which in turn renders the conclusion to be wrong.
He said the selection and election by NAC were predicated on gazette notice 261 dated 7th of August 2017.
Which he said takes precedence over the 1995 Constitution and made specific reference to Article 6 which creates NAC. He affirmed in court that this provision mandates the party chairman and leader and his deputy together with the party’s secretary-general to determine the composition of NAC based on selection.
Lawyer Macauley said the same article also gives power to NAC to supervise and direct the functions of the National Delegates Conference (NDC).
He said the same constitution which gives power to NAC to elect or select further mandates the body to alter it.
He added that what NAC did was in tandem with provisions in the Political Parties Registration Commission’s (PPRC) Act of 2002.
He told the judge that the plaintiff never objected to the gazette but rather the 1995 Constitution of the party.
Lawyer Macauley said Conteh could not object to the gazette which altered the constitution because the 30-days required has elapsed.
Justice Adrian Fisher, the High Court Judge who has been presiding over the matter, adjourned it to an unannounced date.
The plaintiff in the matter, Conteh, filed legal action against the Chairman and Leader former President Koroma, Party’s Secretary-General Yansaneh and the Party itself on allegations that they acted undemocratically and that he wished the court to grant his application to bring reforms to the party.
Copyright © Politico Online 10/12/21
