By Francis H. Murray
Lawyers representing the Attorney General and Minister of Justice in the Court of Appeal matter involving Mani Koroma, the Appellant and former Permanent Secretary in the Ministry of Education have told the court that there is evidence that the Appellant collaborated with other people in committing acts of corruption.
In his reply to submissions of the defendant on Monday 1st March 2021 before a three Panel judge: Justices Ansumana Ivan Sesay, Momoh Jah Stevens and Adrian J. Fisher, Lead State Counsel Robert Kowa said that he relied on his synopsis filed and the arguments with respect of the Appellant’s grounds off appeal.
Lawyer Kowa noted that the court must determine whether the Appellant falls within the scope of the instrument or jurisdiction of the Commission or whether he collaborated with any person in respect of the allegation.
He said the court must also determine whether the Appellant was to be investigated, adding that while the investigation was purely against those named in the findings of the Commission, and the Appellant could be identified as a collaborator.
He further noted that because the Appellant was only to be identified and not investigated, the issue of natural justice does not arise and that the argument that the Appellant was not given the chance to be heard must fail.
Lawyer Kowa maintained that unlike the findings of the Commissions, its recommendations lack the force and effect in law.
He said he relied “heavily” on the exhibits before the Commission that point to certain infractions that took place when the Appellant served the government, adding that such infractions were also identified in the audit report and are still unresolved.
At the end of both arguments, Presiding Judge Ansumana Ivan Sesay said that notices will be sent to both parties in respect of the date for the ruling on the matter.
Meanwhile, Lawyer Addy Macaulay presented his case for Umaru A Conteh who also served as Permanent Secretary in the ministry.
He adopted his arguments of the principle of natural justice and further argued that the findings and recommendations of the sole Commissioner against the ministry in respect of his client are against the weight of the evidence before the court.
He said the Commissioner failed to enquire whether the acts complained of commenced or continued during the tenure of the Appellant, adding that some of the acts complained of occurred at a time his client was not at the ministry as Permanent Secretary.
He maintained that even those complained of which took place during his client’s tenure of office, the sole Commissioner failed to link the Appellant to such dealings complained of, for which he had been found wanting.
He argued that because his client served in 2016, he was not responsible for something which happened in 2014 when he was deployed to HRMO, adding that the State had failed to identify any particular material evidence to link the Appellant to the misappropriated sums of money.
Replying, Lawyer Kowa adopted his earlier arguments on point of law and referred the court to the weight of the evidence that necessitates that the Appellant collaborated with others in committing acts of corruption.
The matter continues today.
Copyright © 2021 Politico Online
