By Allieu Sahid Tunkara
The five judges of the Supreme Court of Sierra Leone on Friday handed down another ruling following an objection raised by counsel for the 1st defendant and attorney general Frank Kargbo in the high profile case involving the sacked Vice President Samuel Sam-Sumana.
Defence counsel, Berthan Macauley Jr raised the objection on the grounds that the plaintiff lawyer, Jenkins Johnston, had failed to serve him a copy of the supplemental affidavit contained in the originating notice of motion dated 20th March, 2015, which he said would have enabled him to prepare before coming to court.
The supplemental affidavit was read by the plaintiff lawyer, Jenkins Johnston requesting the court to answer two questions. He said the first question is whether the constitution empowers the President to relieve the Vice President of his official duties by any means other than that contained in Sections 50 and 51 Act No.6 of 1991 of the constitution of Sierra Leone, 1991. The sections contained in the constitution deals with the physical and mental incapacity and misconduct respectively.
Also the plaintiff lawyer wanted the court to determine whether the phrase ‘Supreme Executive Authority’ as contained in section 40 (1) of the constitution includes the power of the President to remove the Vice President from office.
In his submission, counsel for the plaintiff said if the court`s answer to the two questions is no, plaintiff would like the court to declare the public notice that saw the appointment of the current Vice President, Victor Bockarie Foh unconstitutional, null and void and of no effect. Counsel also entreated the court to make a declaration for the elected Vice President to remain in Office until such a time the people of Sierra Leone, through parliament, decided otherwise.
Jenkins Johnston, in his submission, argued that the Vice President was elected in 2007 on the same ticket with President Ernest Bai Koroma.
While making the case for the plaintiff, counsel explained that plaintiff was completely taken aback when the press release from the Office of the President for his sacking was announced on March 17, this year and that he (Sam-Sumana) made a statement condemning such move by the President. Jenkins Johnston told the court that one of the framers of the 1991 constitution of Sierra Leone, Dr Abdulai Conteh, who is currently sitting as a justice of the Court of Appeal in the Bahamas, supported the view of plaintiff resisting against the removal of plaintiff. He also told the court that the main opposition Sierra Leone People’s Party (SLPP) supported the view of plaintiff and that the government acted in complete disregard of these views.
All these submissions being the statements of plaintiff as contained in the supplemental affidavit dated 30th March, 2015 in support of the originating notice of motion sworn to on the 8th April, 2015 was not served on counsel of the 1st defendant, Berthan Macauley, and he therefore objected stating that he had not laid hands on the Supplemental Affidavit.
“This supplemental affidavit has now formed part of the plaintiff’s case, and we have to respond to it,” counsel said. He further argued that counsel for the plaintiff had an obligation to serve copies of the affidavits to all members of the defence team.
In his response, Jenkins Johnston argued that the plaintiff had no obligation to serve copies of the affidavit to the defence team. Relying on Rule 91 of the Supreme Court Rules, Jenkins Johnston argued that it was for the registry to serve the copies and not the plaintiff.
Having heard the submissions of both plaintiff and defence teams, Chief Justice Valecious Thomas ordered a stand down of the court, and retired to his chambers with the other judges for a ruling. After 15 minutes, the judges returned to the court and ruled that the registry of the Supreme Court serves the copies of the supplemental affidavit to the defence team with effect from that day to the 20th May.
“Between 20th and 27th, the defence must have read the content of the supplemental affidavit,” the Chief Justice said.
Both plaintiff and defence teams bowed down to the court ruling and the matter was adjourned to 28th May.
In a related development, court attendees greeted the sacked Vice President, Samuel Sam Sumana, with thunderous applause at the court premises as he was about to leave after court sitting had been adjourned. He (Sam Sumana) was in attendance in court on that day in his black coat and black jeep. The sacked Vice President was absent in court in the previous court session as he went to attend the burial ceremony of late Kainde Bangura who was expelled from the All People’s Congress alongside the plaintiff, prompting the court to make adjournment.
© Politico 21/05/15
