March 2, 2021
By: Audrey .R. John
On the 26thFebruary 2021, the long-awaited matter filed in Court by the Native Consortium Research Center (NCRC) on behalf of 299 Consumers against three (3) Mobile Companies including NATCOM was presented before Hon. Justice Adrian Fisher at the High Court in Freetown.
It is roughly 3years ago since this matter was brought up against NATCOM and three (3) Mobile Companies, Sierratel, Orange-SL, & Africell.
The 299 Litigants are in representation of all Sierra Leoneans that are Subscribers/Consumers to any of these Mobile Companies.
The litigant is alleging many frauds in the operations of these GSM companies. The specific issue of inflating the cost of tariff without NATCOM notification as the government regulatory body has been cited.
This issue came out with so many publications, interviews conducted during the time of the late Mr. Momoh Conteh, as the Commissioner of NATCOM.
During the proceedings, Counsel Jabbie representing NATCOM alleged that the 2nd Plaintiff has been holding a conversation in respect of the matter in Court and also putting loads of information on Social Media regarding the matter.
In response, Lawyer Pious Sesay Snr. the Counsel representing the 299 Plaintiffs led by NCRC headed by Edmond Abu Jr. submitted that the request of Counsel representing the 4th Defendant (NATCOM) is untenable as it is a trial of public interest involving Sierra Leoneans.
The lawyer argue that this is first in the history of this country and that the Law permits fair comments on Court proceedings, noting that the Publication outside Court proceedings has the tendency to undermine the administration of Justice, which his Clients are not engaged in.
The Solicitor for the 1st Defendant raised several issues not limited to the submission earlier made by Counsel Jabbie representing the 4th Defendant (NATCOM).
He further stated that the Court presided by the Hon. Justice Adrian Fisher should grant orders restricting Public discussion and comments on matters in Court.
Mr. Pious Sesay Snr. representing the entire Plaintiff and the Solicitor who formulated the originating process in 2017 against all the Telecom operators and NATCOM further submitted that the honorable Court cannot dismiss the ongoing trial in Court, in as much as the discussions are fair and without prejudice to the trial.
The Hon. Justice Fisher in his ruling granted several orders, amongst which are: that publications, Social Media postings must touch and concern only proceedings in Court and that actions would be taken against any party that does anything outside Court proceedings, as publications, discussions on social media and also between and among Litigants.
He (Judge) further stated that since the parties are represented by Lawyers, all discussions relating to any anticipated out of Court must be communicated through the appropriate channels.
The Judge in his conclusion of the Court proceedings admonished the Lawyers representing both parties that adequate information must now be made on their part to ensure that the trial last within a month as targeted for this matter.
All documents pertaining to the said matter must be surrendered on Friday 26th February, 2021 at 4:30pm, while Defendants must respond to on the 4th March, 2021, as the matter was adjourned for the 5th March, 2021 for another Court sitting.