By Saio Marrah
The Court of Appeal in Sierra Leone has ordered former President Ernest Bai Koroma to pay back over 70 billion old Leones and 15 million United States dollars in three separate cases, all related to the misappropriation of public funds.
The three judges led by Justice Fatmata Bintu Alhadi ordered the former president together with others and separately to refund the monies within 30 days from the judgment date.
The judges dismissed all seven grounds of appeal made by the appellant Dr. Koroma against the conclusion of the Biobelle Commission of enquiry in his case.
The misappropriation of over 7.7 billion old Leones was said to have emanated from the retirement benefits of several staff of the Petroleum Directorate under the supervision of the former president.
The said staff who received the retirement benefit remained in their posts receiving salaries from the same petroleum doctorate.
In the case of the 12 million US dollars, the money came out of a fund from which the former president authorized a loan agreement on behalf of the petroleum directorate for the Rokel Commercial Bank for use by the National Privatization Commission.
The court further noted that Dr. Ernest Bai Koroma, who authorized the loan agreement, usurped the authority of parliament – the only body that should approve such loans. The former president also in his capacity as president and supervisor of the directorate again authorized a loan agreement on behalf of the petroleum directorate for the Ministry of Finance for the procurement of election materials.
According to the findings, the money was never refunded into the consolidated revenue fund.
Lawyer for the former president Ady Macauley argued that the former president should enjoy immunity from prosecution even after leaving office.
The court ruled that such privilege ends when the president leaves office.
Justice Komba Kamanda noted that allowing immunity from prosecution to continue even after presidents leave office would lead to a dictatorship because of the knowledge that they would not be held accountable for any wrongdoing.
Copyright © 2023 Politico Online (15/12/12)
