By Mohamed Foday Conteh
Miatta Kargbo, former Minister of Health and Sanitation, has been ordered to pay the sum of Le 1,932,569,405 to the State by the Court of Appeal in Freetown after she lost her appeal of the findings of the Commissions of Inquiry.
The sole commissioner, Justice Biobele Georgewill, in his findings stated that the former minister misappropriated public funds, failed to declare her asset as per the Anti-Corruption Commission’s (ACC) requirement for public servants, and of having income that was linked to issues of unexplained wealth and lack of leadership and supervision during her time in office.
The former Minister had filed 21 grounds of appeal against the White Paper of the sole commissioner, Justice Georgewill. Some of the appeals included that the commissioner erred in law and misdirected with regards the tenure of Miatta Kargbo as Health Minister; that also the COI findings misdirected in the conduct of investigations into a Zenith bank account owned by the said minister; the former minister also said that the commissioner also erred when he posited in the White Paper that she failed to declare her asset as required by the ACC.
The former minister, through her legal representative, Melron Nicol-Wilson, also filed an appeal on the grounds that the findings were ‘adverse’ in relation to the former minister granting a huge loan of 421,000,000 Leones to Coalition for Health when she was Head of Emergency Operation Centre (EOC) during the Ebola Epidemic in the country.
The State had argued against the grounds of appeal filed by the former minister and appellant with regards the tenure of office investigated by the COI as being correct and therefore not misdirected. They had said that there was no miscarriage of justice and asserted that the amounts at the said bank accounts were huge and incommensurate to the emoluments of the former minister. They had said that she was given ample time at the COI to explain herself but that she failed.
Robert Kowa, Counsel for the State, had also argued that there was no record to suggest that the former minister declared her asset to the ACC. In light of monies disbursed by the former minister, Kowa had argued that due processes were not followed. He added that the lackadaisical controls inhibited by the former minister is in contravention of Section 62 of the 1991 Constitution.
In delivering their judgments, the Appeal’s Court dismissed all 21 grounds. In the first Ground, the judges found evidences of malfeasance regarding a payment of Le 161,000,000 to Coalition for Health as a loan. However, the said loan was paid to Charles Mambu instead of the organisation. Also, there is evidence of withholding taxes of 526,000,000 Leones and $70,500 from the National Revenue Authority (NRA).
There is also “inadequate controls over the disbursement of funds, with over 14 billion Leones being disbursed from emergency health response and miscellaneous accounts without supporting documents,” the judges said. They also found out that 11 billion Leones from the same account was made as payment without following the due process.
In reading their judgment, they concluded that the former minister will be investigated by the ACC pursuant to Section 78(1) (a) of the ACC Act of 2008. They also concluded that the former minister “has caused loss to the Government of Sierra Leone, we order that the appellant pays compensation to the Government of Sierra Leone by way of forfeiture to the state of the sums of Le. 1,932,569,405 and USD$ 102,305, held in her bank accounts at Zenith Bank (SL) Lt”.
The former minister was also ordered to pay the sum of 100 million Leones forthwith to the Appeal’s Court with an interest of 10 percent per annum.
The Bench was represented by Justice Ansumana Ivan Sesay, Justice Momoh Jah Stevens and Justice Adrian Fisher. Counsel for the appellant and former minister were absent during the proceeding.
The Commissions of Inquiry was set up to investigate allegations of widespread corruption in the administration of erstwhile President Koroma from November 2007 and April 2018.
Copyright © Politico Online (14/07/21)
