The Supreme Court of Sierra Leone presided over by the Chief Justice Desmond Babatunde Edwards has dismissed the 2018 Presidential elections petition case brought before the court by the leadership of the main opposition All Peoples Congress (APC) Party.
The empanelled Justices comprised Nicholas Brown Marke (JSC), Eku Roberts (JSC), Alusine Sesay (JSC) and Court of Appeal judge Ansumana Ivan Sesay.
The Petitioners which include Dr. Sylvia Blyden (1st Petitioner), Dr. Samura M. W. Kamara (2nd petitioner), Minkailu Mansaray (3rd petitioner) and Dr. Osman Foday Yansaneh (4th petitioner) filed in a petition against the former National Electoral Commissioner (NEC) Mohamed N’fah Allie Conteh, NEC, Rtd. Brig. Julius Maada Bio and the Sierra Leone Peoples Party (SLPP), challenging the validity of the 2018 presidential election results.
They claimed that the conduct of the 31st March 2018 national elections was improper and fraught with irregularities.
They asserted that the election was not conducted substantially in accordance with the 1991 Constitution or the 2012 Elections Act and the governing regulations. They argued 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.
They also alleged 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 elections contrary to Public elections Act No. 2 of 2012.
The petitioners further claimed 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.’
Representing His Excellency President Bio, Lawyer George Banda Thomas had canvassed the court to strike out the election petition case on the grounds that an election petition is not an appropriate originating process to invoke the original jurisdiction of the court.
He submitted that for the court to hear and determine the validity of a presidential election, its original jurisdiction must first be invoked through an originating process prescribed by the Supreme Court rules of 1982, which he said the petitioners had failed to do.
“Following the outcome of a Presidential election, and the swearing in of the President for which he assumes office and carries out his duties under the Constitution including duties listed under Section 40 of the Constitution, bringing an action against the validity of the process should be devoid from unnecessary complications and complexities,” said Lawyer Thomas.
According to him, an election petition in such circumstance is the “most inappropriate originating process to invoke this court’s jurisdiction.”
Delivering the joint ruling, the Supreme Court Judges unanimously declared that the Court in its inherent jurisdiction holds that the “election of His Excellency Brigadier (Rtd) Julius Maada Bio, the Sierra Leone Peoples’ Party Candidate as President of Sierra Leone on the 4th April 2018, was and is valid.”
The Supreme Court Judges said, “the petitioners have failed, refused or neglected to produce any evidence to rebut the fact that Brigadier (Rtd) Julius Maada Bio now President was validly elected as President of the Republic of Sierra Leone. The petitioners include Dr. Sylvia Blyden as SC6/2018 and that of Dr. Samura M. W. Kamara, Minkailu Mansaray and Ambassador Dr. Osman Foday Yansaneh as SC7/2018 now consolidated as SC cases 6 and 7 of 2018 are all herein struck out.”
Copyright © 2021 Politico Online (21/04/21)
