By Francis H. Murray
T. S Company Ltd, an engineering firm that was contracted under the President Koroma administration to rehabilitate and extend Fourah Bay College (FBC) has appealed against the findings and recommendations of the judge-led Commissions of Inquiry (COI).
Representing the Appellant on Wednesday 3rd March 2021 before a three panel judge: Justices Michael P.H Mammi, Samuel S. O Taylor and Augustine Musa at the Court of Appeal in Freetown, Lawyer Ady Macualey said that the Commissions of Inquiry lacked what he referred to as “subject matter jurisdiction’’ to investigate adverse findings against his client.
He stated that the Commissions went outside the terms of reference which he said were important in every COI proceedings giving that they guide the Commission on its ambit, length and complexity.
He stressed that Justice Biobele Georgewill went outside his mandate when he investigated a private company and made adverse findings against it even when it didn’t fall within the category of the Persons of Interest.
Lawyer Macualey argued that the Commission’s mandate was to determine whether any one of the Persons of Interest collaborated with other people in committing acts of corruption, dishonesty and abuse of office and where such collaborators are identified, make recommendation to the President and not to investigate them.
He added that no matter the findings or recommendations against the Appellant, because he was not to be investigated but only identified such findings and recommendations should be set aside.
Arguing in the alternative, he maintained that even if the court holds that the Commission was not only to identify but also investigate the Appellant, it ought to have given him an opportunity to be heard which he said was a key ingredient in the principle of natural justice.
He said his client was neither invited to the Commission as a person of interest nor as a witness which he said negated Section 148 (1) of the 1991 Constitution which gives the sole Commissioner the powers to summon witnesses or other people considered relevant to the investigations.
He noted that if anybody is accused of any wrongdoing that turns out to be detrimental to his reputation, profession and integrity and is not then invited to answer for themselves or given the opportunity to be heard, the principle of natural justice is flouted.
Lawyer Macualey said the findings and recommendations of the Commissions are against the weight of the evidence that were before it, adding that the findings and the evidence are inconsistent.
He concluded that based on his oral and written submissions and pursuant to Rule 9 (1) of the Court of Appeal Rules of 1985, the court must set aside the orders sought or the adverse findings and recommendations against his client.
The matter was adjourned to the 4hth March 2021.
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