By: James Kamara-Manneh
The long awaited Auditor General Lara Taylor Pearce and Deputy Tamba Momoh tribunal has finally commenced on the 17th March 2022.
The appointed chairperson Hon. Justice (Rtd) Mrs. Nyawo Matturi-Jones, JSC admonished the panel, members of court and the public that this tribunal is about protecting the office of the Auditor General as mandated by the Sierra Leone’s Constitution.
The Tribunal is set up by His Excellency the President Dr. Julius Maada Bio with the mandate to inquire into a case for alleged misconduct which led to the suspension and removal of the Auditor-General, Mrs. Lara Taylor-Pearce and her deputy Mr. Tamba Momoh has heard it first public hearing on the 17th March 2022 at the Main Law Courts Building, Siaka Stevens Street, Freetown.
It could be recalled that, His Excellency the President appointed the Hon. Justice (Rtd) Mrs. Nyawo Matturi-Jones, JSC, as chairperson, Hon. Justice Ivan Sesay, JA, and Lahai Momoh Farmah Esq as a members of the Tribunal.
In her opening statements, Justice Jones said the panel has been mandated to make available the protection that the constitution has provided in Section 137 for the purpose of the tribunal, while section 119 provides that the Auditor General should have the same protection Judges have.
“This is one of the ways in which checks and balances are provided against the excessive use of executive powers against citizens”, she said. We will continue to at the procedures before the panel that is relevant to fair play. The tribunal is in place to look at modern day problems that occur in interactions that deals with administrative powers against the rights of ordinary citizens.
She called on all to look and accept the process with clear lenses not with proverbial multi-shaded spectacles, with which current issues are looked at.
Justice Jones admonished that the public needs to be educated on the reasons and procedures of the tribunal.
Mr. Farmah one of the members of the tribunal described the tribunal as unique as it is set up to investigate a high profile personality, whereas they are also charged with mandate to apply protection of removal as due judges.
He added that this tribunal is emanated under sections 137 of the Sierra Leone’s Constitution, and the process will be guided by all high court rules.
On the other hand, Justice Ansumana Ivan Sesay another member of the tribunal focused his admonishing statements on the use of the media, especially the social media users to allow them to do their work without any influence from the media.
Justice Sesay said social media forum is not the proper place to pre-judge issues rather the tribunal has been set up to look at issues dealing with national concern, and it is them that will bring up decision or recommendation. He further advise the media to desist from writing things that will prejudices them or the case as they have taken oath to do Justice and together Justice can be served.
The Attorney General and Minister of Justice allays the fear of the parties involve that the tribunal is not about witch hunting rather a compliance about good governance and democracy and assured that the government will not in any way influence the recommendation from the panel.
Rowland S.V. Wright Solicitor for Lara Taylor-Pearce, Auditor-General raises several objections with regards the tribunal setup to investigate the alleged professional ‘misconduct’ of the Auditor general and deputy.
“We are invited to appear without any published rules of procedure or rules of evidence and without any specific charges, no witness statements,” solicitor Wright reveals.
He submits that his client cannot submit to the jurisdiction of the tribunal because certain papers were filed at the Supreme Court which requires interpretation and an application has been filed to stop the tribunal proceedings.
“We are questioning the jurisdiction of this panel. It is only the Supreme Court that is vested with the powers to interpret the constitution. So this matter has to be adjourned until the matter at the Supreme Court is determined by the Supreme Court.” He submitted.
Whereas, Pa Momo Fofana lawyer representing Tamba Momoh the suspended deputy Auditor-General also raises objection based on section 3 of Audit Service Act, “it will be an action in futility if we proceed. We want to reinforce the jurisdictional objection with reference to the audit service Act section 3,”he said.
The chairperson of the tribunal said with all that has been raised they will adjourn to bring up legal bases and court procedures on the next date. The Tribunal was adjourned to the 7th April 2022.
Representing the state was the Attorney General and Minister of Justice, Mohamed Lamin Tarawallie, Solicitor General, Roberts B. Kowa, Principal State Counsel, Osman I. Kanu, Senior Counsel AJM Bockarie, JAK Sesay, T.J Freeman, Amara Lansana, Allieu Vandy Koroma and Usef Keketoma Sandi Esq. While the Auditor General was represented by Roland Wright Esq, and deputy Auditor General was Pa Momoh Fofanah.
