By Allieu Sahid Tunkara
Sacked Vice President Samuel Sam-Sumana has replaced his lawyer Blyden Jenkins-Johnston with veteran politician Charles Francis Margai in his ongoing case in the Supreme Court.
The appointment of Mr Margai to the hot seat was confirmed in a letter done by Mr Sam-Sumana himself, a copy of which was obtained by Politico.
“Upon oral consultation with you recently, I am pleased to inform you that I have, as of date of this letter [June 8], appointed you as solicitors and counsel to represent me and my interests n the above matter,” the letter reads in part.
The termination of the services of Blynden Jenkins-Johnston resulted from his refusal to file and serve an amended statement of the plaintiff’s case on the court and the two respective solicitors of the defendants, Sam-Sumana notes in a separate letter to his former lawyer, while informing him of his sacking.
In the letter the sacked Vice President states that orders of the court should not be treated lightly. He then politely requested the former counsel for the plaintiff to hand in the file of the matter for onward transmission to his new lawyer.
On May 15 this year, counsels for the defendants, Berthan Macauley Jr and Ajibola Manley Spaine, made an application for the amendment of their matter. The court upheld the application and granted permission to the counsels to amend their case. In the same month, the counsel for the plaintiff Jenkins Johnston tendered in court a supplemental affidavit which contained new information in support of the originating notice of motion which contained the actual case, although counsels on the other side were not served.
On that day, Acting Chief Justice Valecious Thomas ordered the court registry to serve the affidavit to counsels on the other side with effect from May 15 to 20 this year.
Late in the same month, the counsel for the 1st defendant, Berthan Macauley Jr, made a fresh application for the Supreme Court to set aside the order of the amendment of his case. During that day’s proceedings, counsel for the plaintiff, Jenkins Johnston, told the court that he would not amend his case.
Having heard arguments from both sides, the court adjourned the matter sine die (indefinitely) for a ruling.
On 1st June, the court, while delivering the ruling, gave a four-day ultimatum to counsels of both sides to amend their cases, an order which counsel for the plaintiff failed to honour, hence his termination.
The Supreme court of Sierra Leone is currently hearing the case filed by Sam-Sumana in March. The court should provide answers as to whether the Vice President could be removed from office by any means other than that provided for by section 50 and 51 of the constitution of Sierra Leone Act No 6 of 1991 which has to do with the Physical and Mental incapacity and Misconduct on the Part of the Vice President, respectively.
Also, the court is to judge on whether the ‘Supreme Executive Authority’ of the President includes the power to remove the Vice President from his office.
The matter comes up on 10 June.
© Politico 09/06/15
