By Politico staff writer
Justice Aiah Simeon Allieu has ordered that Chief Alhaji Musa Bamba Foray Jalloh III of Sambaia Chiefdom, Tonkolili District, Northern Sierra Leone be sworn in as Paramount Chief of the chiefdom.
But the Judge rejected the granting of an injunction against the swearing of the Chief who was the 5th respondent following a petition by nine people.
The ruling on the 22nd February 2022 followed a petition dated 10th June 2021 filed before the court by Lawyer Samuel T. M. Navo on behalf of the nine Petitioners who claimed to be chieftaincy aspirants seeking an interim interlocutory injunction against the swearing-in of the 5th Respondent, Foray Jalloh as paramount chief of Sambaia pending the hearing and determination of this Petition.
The matter was brought up against the Minister of Local Government, the 1st Respondent in the matter, the Provincial Secretary North; 2nd respondent, the National Electoral Commission; 3rd Respondent, the Attorney General and Minister of Justice; 4th Respondent, and the elected chief who’s the 5th Respondent after the paramount chieftaincy election conducted by the National Electoral Commission (NEC) and the declaration meeting which endorsed Alhaji Jalloh as paramount chief.
Nine petitioners sought the court to declare among other things that the decision of the Declaration of Right Meeting was not followed by due process. They requested that the Court orders reconstitution of the Declaration of Right Meeting and for due process be followed.
The Petition which was supported by several exhibits also sought for the court to order a return of the Paramount Chieftaincy Elections following the proper and legal process.
Lawyer Samuel. T. M. Navo representing the Petitioners raised a couple of objections, sought a number of adjournments on the grounds that he shall file documents in support of the case of the Petitioners but not honoured.
The Judge described it as a “mere ploy or trick to delay further hearing and determination of this case by the conduct of Counsel representing the petitioners. He noted: “I also tooked into consideration the fact that justice delayed is justice denied, and I ordered that the case for the Petitioners be closed.”
With this decision, Counsel for the Respondents, E. Sarkoh, opened their case by leading two witnesses in evidence and informed the court that he relied on his affidavit in opposition earlier filed together with exhibits attached.
In a joint report by the Provincial Secretary, North Eastern Province, and NEC, the highest number of votes cast were in favor of Jalloh, representing over 55%, to prevent a run-off. The nine Petitioners who were not satisfied with the conduct of the elections filed a petition in respect of same.
The petitioners after the announcement of the election results by NEC questioned the process and alleged that it was marred by violence and anti-democratic principles.
They alleged that the 1st, 2nd, and 3rd Petitioners were denied the right to contest the Paramount Chieftaincy election of Sambaia Chiefdom even when they presented both documentary and oral evidences to show that they hailed from established Ruling Houses and had paternal links to the throne.
Counsel representing the Respondents argued that there were no thugs nor any evidence of disruption during the declaration process. They further argued that it was not true that the National Electoral Commission did not conduct a verification of the list of the Tribal Authorities, adding that there was adequate security boosted by Bumbuna, Magburaka, and Bombali police personnel.
They, therefore, called on the court not to grant any of the orders solicited for in the petition filed by the nine petitioners but to allow Alhaji Musa Bamba Foray Jalloh III to be recognized and to carry the title P. C. Alhaji Musa Bamba Foray Kulio Jalloh III of Sambaia Chiefdom.
Delivering his ruling upon review of the evidence before the court and in the absence of any evidence led before the court by Counsel for the petitioners since the inception of the matter in support of their case, Justice Allieu noted: "In the circumstances, I refuse a reconstitution of the declaration of rights meeting, the granting of an injunction against the swearing of the 5th respondent as paramount chief of Sambaia Chiefdom".
Copyright © 2022 Politico Online (25/02/22)
