By Francis H. Murray
The Supreme Court of Sierra Leone presided over by Chief Justice Desmond Babatunde Edwards has given certain orders to lawyers representing the former Chairman of the National Electoral Commission (NEC) Mohamed N’fah Allie Conteh, Rtd. Brig. Julius Maada Bio and the 2018 presidential candidate of the All Peoples Congress Party (APC) Dr. Samura Kamara and three others in light of continuation of the matter.
The orders came after the quorum of five justices including the CJ, three Supreme Court judges: Nicholas Brown Marke, Eku Roberts, Alusine Sesay, and a Court of Appeal judge and Ivan Sesay unanimously expressed disaffection over the non-compliance of all parties with certain orders given by the court in respect of the matter dated the 18th July 2018. The said orders were followed by a ruling on a consolidated application made by counsel for the defendant applicant.
Delivering the orders on Thursday 3rd December 2020, Justice Edwards noted that the solicitors of the 3rd and 4th defendant applicants (Rtd. Brig. Julius Maada Bio and the SLPP) give effect to ‘Order 1’ of the Supreme, asking all parties in the action to file a consolidated bundle of the Supreme Court cases No. 6 and 7/2018 and serving same on the 1st and 2nd Petitioners as well as the 1st and 2nd Defendants.
He also ordered that the Solicitors for the 3rd and 4th defendants applicants be given time to consolidate the said petitions which are now titled ‘Supreme Court Case Nos. 6 and 7 of 2018.’
The parties were also ordered to refile their motions and affidavits in opposition under the said consolidated petition case, Supreme Court Case Nos. 6 and 7 of 2018
The empaneled justices also ordered that all parties should be given the opportunity to file any further affidavits if they so desire on or against the adjourned date among others.
The actions were initiated by Dr. Samura Kamara and three other APC party officials including the party’s deputy chairman Alhaji Minkailu Mansaray, the National Secretary General Dr. Osman Foday Yansaneh and Dr. Sylvia Blyden, who separately initiated hers against Mohamed N’fah Allie Conteh, NEC, Rtd. Brig. Julius Maada Bio and the Sierra Leone Peoples party, challenging the pronouncement of His Excellency President Dr. Julius Maada Bio as President of the Republic of Sierra Leone.
These cases were first heard at the Supreme Court presided over by Justices Nicholas Brown Marke, Eku Roberts, and Glena Thompson who gave directives for both petitions to be consolidated.
Following the pronouncement of President Bio as winner of the 2018 presidential runoff elections by the 1st respondent Mohamed N’fah Allie Conteh, the Presidential candidate of the main opposition APC party petitioned the election results at the Supreme Court.
The 1st Petitioner, Samura Kamara is claiming that the conduct of the 31st March 2018 elections was improper and fraught with irregularities.
He argues that the election was not conducted substantially in accordance with the 1991 Constitution or the 2012 Elections Act and the governing regulations, and that NEC failed to establish and maintain an accurate voter register that was publicly available, verifiable and credible as required by Section 42 of the 1991 Constitution.
The petitioner, in addition, also claims that the true number of registered voters is unknown and illusive, and that NEC had no accurate voter’s register, adding that Conteh and NEC changed the official number of registered voters.
He also asserts that that the NEC Commissioner on the 4th of April 2018, without ‘‘full and frank disclosure’’ of over-voting concerns, pronounced Julius Maada Bio as the winner of the run-off election contrary to Public elections Act No. 2 of 2012.
He also maintains that there was widespread intimidation, harassment and assault on polling agents of the APC party, particularly in Kenema, Kailahun, Pujehun, and Bo districts by SLPP operatives in agreement with NEC officials.
The mater was adjourned to 21st January, 2021 for purpose of confirming whether there has been compliance with all directives.
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