By Mabinty M. Kamara
The Company Legal retainer for the Sierra Leone Road Safety Authority has commented on the latest suspension of the Authority's Executive Director, Ibrahim Sannoh, describing it as illegal.
Lawyer Musa Mewa, head of Chambers and Managing Partner at Brewah and Co. made this comment in a letter responding to a request by Ibrahim Sannoh for a legal opinion on his indefinite suspension by the board.
It noted that section 3 of the Road Transport Act of 1996 confers general powers on the Board as the 'governing body' of the authority subject to the Act. It added that it is generally an advisory board having general supervisory powers of the authority such as approval of annual reports or authority's activities, operations, undertakings, property and funds among others.
It added that section 3(4) makes the Executive Director a member of the board with powers under section. 3(1).
However, it noted that there is no express or implied provision in the act that the board has disciplinary powers over the Executive Director.
"That we are of the considered legal opinion that the Board acted Ultra-vires when its suspended the Executive Director as no such powers are conceded on it by the Act," it reads in part.
It added: ".. that further in paragraph 2 supra, the Board has no such power under the Act to temporarily remove the presidential appointee ( Executive Director) on their own and appoint the Deputy Executive Director to act in his place."
It can be recalled the Chairman of the SLRSA board just over two weeks ago issued a letter suspending indefinitely Sannoh. He was accused of insubordination and of not following procedural orders.
Copyright © Politico Online 17/11/21
