By Francis H. Murray
The Supreme Court of Sierra Leone has ordered the arrest of Lawyer Augustine Sorie – Sengbe Marah on the grounds of non- compliance with the court’s order.
In a unanimous decision on Wednesday taken at the Law Court’s building in Freetown, the panel of judges – four Supreme Court judges and one Court of Appeal Judge – ordered that Mr. Marah be denied access to all the courts in Sierra Leone.
Lawyer Marah was declared wanted because of his failure to appear before the highest court of the land after his presence was required following his publication on social media of what the judiciary referred to as ‘‘contemptuous, frivolous, vexatious and unsubstantiated’’ information to demean the court.
The matter was presided over by Justices Allan B. Halloway, Alusine S. Sesay, Mangeh F. Deen-Tarawally, Sengu Koroma and Court of Appeal Judge Miatta M. Samba.
This came in the wake of Monday’s landmark ruling against the General Legal Council represented by Lawyer Marah and Osman Jalloh as Respondents. The ruling overturned the current General Legal Council's directive which begins to count years of standing from the date one signs the Permanent Register, to the day one is called to the bar.
Commenting on the issue, Justice Sengu Koroma said that if the General Legal Council wanted to justify the actions of Lawyer Marah, they will also be deemed to be in contempt of the Court for which they should be held accountable.
‘‘And if the General Legal Council is also trying to justify their failure without Marah then they’re also in contempt of this court. And we should hold the officers of the Genera Legal Council responsible for that,’’ he stated.
He added that because Marah had not come before the court to purge out his contempt, he was liable to be arrested within the premises of the court, adding that his right of audience is suspended.
‘‘And for the avoidance of doubt, since Mr Marah has not come before this court to purge his contempt and he has tried to undermine the administration of justice, then his immunity as a barrister from being arrested within the precincts of the Law Court will be returned. So he can be arrested within the precincts of the Law Court. So mixed with the order of the Supreme Court, his right of audience in all the courts is suspended until he purges his contempt,’’ Justice Koroma added.
The Presiding Judge, Allan B. Halloway, ordered that the bench warrant signed by the Master and Registrar of the High Court be issued immediately against Lawyer Marah, returnable on Friday, 30th October, 2020.
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