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Sierra Leone former president wants to face Supreme Court

  • Ernest Bai Koroma

By Mohamed Foday Conteh

Lawyers representing former President Ernest Bai Koroma have filed an application at the Supreme Court seeking clarification and interpretation of some constitutional provisions linked to the report of the Justice Biobele Georgewill’s Commission of Inquiry and the subsequent government whitepaper. Among other things the commission accused the former president of abusing his office and was unable to account for over Le. 4 billion which the commission believed surpassed his emoluments and legal earnings.

Joseph Fitzgerald Kamara told the Court of Appeal that the former president was seeking the interpretation of section 48(4) of the constitution which deals with immunity from civil or criminal proceedings against the Office of the President. He said his client was seeking to understand or determine what constitutes the term ‘proceedings’ under section 48(4) of the constitution. He argued that the interpretation of 48(4) have been merely examined by the Supreme Court in a way that is limited in scope and interpretation.

Lawyer Kamara also said that no court has ever determined the definition of ‘holding office’ after a president had left office and that it is beyond the jurisdiction of the court to look into civil and criminal investigations with regard to executive decisions that the former president took while in office. He added that several questions for the determination of the said immunity that is vested in a Head of State might arise.

The lawyer referred to the civil appeal matter involving late President Kabbah and a company called Firetex. He said during that trial, the bench adduced that the late president couldn’t be tried in court since he was the president at the time noting that the decision hinged on section 48(4) of the 1991 Constitution and said that the immunity that covered president Koroma cannot be removed without following the necessary procedures or protocols.

He said that the Supreme Court is the highest and only court that is mandated to interpret the constitution and argued that his client should not be denied that opportunity. The three Judge - Ansumana Ivan Sesay, Momoh Jah Stevens and Adrian Fisher will hear the reply of the state today.

Copyright © Politico Online (21/07/21)

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