By Politico staff writer
The Court of Appeal of Sierra Leone presided over by Justice Fatmata Bintu Alhadi has dismissed all grounds of appeal by SOGEFEL SARL, a construction company and Vicky M. Jusu, a former employee of the Rokel Commercial Bank, having appealed the findings and recommendations of the judge-led Commissions Of Inquiry (COI).
The judges Fatmatta Bintu Alhadi, Komba Kamanda and Tonia Barnett ordered SOGEFEL SARL was ordered to pay the sum of one hundred million Leones as appeal cost.
Lawyer L. M Baryoh who represented the construction company contracted to rehabilitate and expand Fourah Bay College (FBC), argued that the Sole Commissioner acted outside his terms of reference against his client who was not a person of interest and was therefore in excess of his jurisdiction.
He also argued that the findings, conclusions and recommendations of the Sole Commissioner contravened the principle of natural justice in that he failed to accord his client the opportunity to be heard.
He maintained that the totality of the evidence against his client did not support the findings and recommendations of the sole Commissioner.
Representing the Attorney General and Minister of Justice, Lawyer Robert Kowa, argued that the Appellant falls within the terms of reference of the Commission and therefore ascertained as one of those who collaborated with the persons of interest.
He went on to argue that because an evaluation of the evidence by the Commissioner showed that the State had sufficiently made out a "prima facie" case against only one of the persons of interest, Dr. Minkailu Bah and his collaborators, the Commissioner was not obligated to invite the Appellant, and therefore not in breach of the rules of natural justice.
In her Judgment, Justice Alhadi stated that even though the Appellant is not a person of interest, he was connected to the activities of a person of interest, Dr. Minkailu Bah, since he received the sum of Le 2,381,438,126.00 to rehabilitate and extend FBC.
The judges concluded that, "the appeal is frivolous and without any foundation. There's no justifiable ground to reverse the findings and recommendations against the Appellant, SOGEFEL SARL."
While they dismissed the appeal, the Justices jointly agreed that the Appellant's grounds of appeal failed.
With almost similar grounds of appeal made by Counsel representing Vicky M. Jusu, Lawyer H. M Gevao had further argued that the Sole Commissioner erred in law when he proceeded to make mention of the Appellant's quarters in his report, having acquired same legitimately.
The court ruled that, "the public officials who signed these said documents were also either criminally negligent or reckless, since they didn't do any due diligence to confirm whether she was entitled to a government quarter or not.''
While they held that the Appellant approached the correct forum, which is the court to appeal and address her grievances, she did not come to equity with clean hands for which her appeal was dismissed.
In another development, Justices Ivan A. Sesay , Momoh-Jah Stevens and Adrian J. Fisher acquitted and discharged Denis K. Vandy, former Minister of Agriculture.
Delivering the judgement on the leave of the presiding judge, Justice Fisher ordered that the Appellant’s request be granted and that all findings and recommendations of the Commission of Inquiry be set aside as findings were not supported by evidence, adding that all monies paid by the Appellant if any, should be refunded accordingly.
The matter was presided over by Justice Ivan Sesay.
Copyright © 2021 Politico Online 07/05/21
