September 3, 2021
By: Francis F.M. Harding
Ibrahim Sorie Koroma, a lawyer and member of the All People’s Congress want to seek clarification whether any matter relating to Presidential Election could be dealt with at the High Court level. The Supreme Court of Sierra Leone has given it judgment on the 1st September, 2021 at Siaka Stevens Street Freetown by the presiding judge Honorable Justice N.C. Browne-Marke Justice of the Supreme Court and other two judges of the Supreme Court Honorable Justice E.E. Roberts Justice of the Supreme Court and Honorable Justice MS. G. Thompson of the Supreme Court.
An interim injunction issued by the High Court ordering National Electoral Commission (NEC) to suspend all preparations for the 27th March,2018 poll, based on a complaint submitted to the High Court on the 21st March, 2018 by Ibrahim Sorie Koroma, a lawyer and member of the All People’s Congress suing the Chief Electoral Commissioner and the National Electoral Commission.
Following hearing of the case, the High Court vacated the Interim Injunction on the 26th March, 2018 and allowed NEC and the two flag bearers to carry the run-off election.
The presiding judgment said if a subordinate Court has acted ultra vires, or, has exceeded its jurisdiction in such a way as to create injustice or uncertainty in the Law, this Court will quash any decision flowing from the wrongful exercise of jurisdiction. The judge adopted the orders made by Honorable Justice A.R. Mansaray who presided over the matter at first when the matter came to Court and this order was made on the 24th March, 2018.
That firstly the Court has jurisdiction to hear and determine the originating notice of motion, this Court hereby refuses and rejects the objection of the 1st and 2nd defendants herein. And secondly, the subsequent ruling made the same day, Saturday the 24th March, 2018 wherein the learned Judge granted an interim injunction restraining the 1st and 2nd defendants from conducting the run-off Presidential election scheduled for the 27th March, 2018 pending the hearing and determination of the application made to the Court by the respondent in the application in this Court.
It would be recalled that the Sierra Leone Peoples Party (SLPP) candidate, Brig. Rtd. Julius Maada Wonnie Bio, and the All Peoples Congress (APC) candidate, Dr. Samura Matthew Wilson Kamara, emerged first and second respectively during the first round of the 2018 presidential election, which was held on the 7th March, 2018. As no candidate obtained the required 55 percent votes for an outright victory in the first round of the presidential election, a run-off was scheduled to take place on the 27th March, 2018 between the leading candidates.
Counsels representing the applicants are Lawyers Ms. B.E.T Commings, Drucil E. Taylor and J. Kapuwa while Lawyer Lansana Dumbuya representing the respondent.