By Hajaratu Kalokoh
The lead defense lawyer for nine former Members of Parliament of the opposition All People Congress (APC) who lost their seats in May 2019 has called for one of three judges hearing the appeal to step down from presiding over the cases.
Lawyer Ady Macauley told the Court of Appeal on Monday morning that his clients were uncomfortable with Justice Ivan Sesay presiding over the cases because of his previous affiliation with the ruling Sierra Leone Peoples Party.
“It is our instruction that the Hon Justice Ivan Sesay between 2007 and 2012 contested for a parliamentary seat in Constituency 086 at Rotifunk in Moyamba on the platform of the Sierra Leone People’s Party. It is the view of our clients that it will be improper for Justice Sesay to adjudicate in a matter of an election petition appeal between candidates of APC as appellants and those of the SLPP as respondent”.
Macauley added: “My clients do not question the integrity of the learned Justice of Appeal for the purpose of law. Justice Ivan Sesay had once shared an emotional and ideological attachment [with SLPP] and contested elections twice consecutively [between] 2007 and 2012. Justice must not only be done but seen to be done.”
In May last year, the High Court overturned election results of 10 APC Members of Parliament. Nine of them were immediately replaced by members of the ruling SLPP who finished second in those races. Justice Komba Kamanda ordered a rerun in Constituency 110 – the tenth seat – located in the Western Rural area.
Lawyer Macauley has been asked to make a formal application to the court on the 5 March this year.
The issues in those cases border on election violence, irregularities with the voting and counting processes and some candidates receiving salaries from the consolidated revenue fund within year before the elections, against the regulations. The APC MPs appealed the High Court ruling eight months ago.
On Monday the court was packed with sympathizers of the former MPs.
The other judges are Sengu Koroma and Tonia Barnet.
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