The Appeals Court of Sierra Leone has upheld the appeal filed in by the former Minister of Finance and Economic Development Dr. Kaifala Marah, on the adverse findings and recommendations made against him by the Commission of Inquiry and by extension the government White Paper.
Dr. Marah, who was the Minister of Finance and Economic Development, felt aggrieved after he was identified in the Government White Paper as one of the people to return state resources for alleged misappropriation of public office.
After President Bio won the 2018 Presidential Election he instituted the Commissions of Inquiry in order to look into the dealings mainly on the activities of the past government officials.
Dr. Kaifala Marah, was Minister of Finance and Economic Development through his lawyer S. Marrah challenged the decision of the sole Commissioner, Justice Biobele Georgewill, who made adverse findings and recommendations against Dr. Kaifala Marah.
Amongst their grounds of appeal, Lawyer Marah, said the commissioner Justice Biobelle Abraham Georgewill erred in law and in fact by failing to pay due regard and apply the principle of natural justice.
He said the commissioner misdirected himself by arriving at an adverse finding against the appellant in regard the bridging loan of the sum of $14,000,000/00 by the petroleum directorate to Rokel Commercial Bank.
Lawyer Marah, stated that the learned commissioner of the commission of inquiry 64 erred in law and standard in commissions of inquiry, he further stated that the commissioner making recommendation in regard the purchase and/or supply of 40 vehicles to law officers department by the ministry of transport and aviation.
The Counsel for the Respondent, A. Suwu Kendoh, based his argument on law and on whether there were adverse findings against the Appellants, adding that if there was any, he would be found as a collaborator.
She said the appellant was a collaborator as provided for under section 4(b) (III) of the constitution instrument No.64 of 2018, she furthered that mandate of the commissioner was to inquiry into the acts of person of interest.
In their ruling , the three Appeal Court Judges, Justice M.P. Mami, Justice S.O Taylor and Justice A.K Musa intimated that the findings of the Commissioner of Inquiry of No. 64 of 2019 number 9.5 in regard the appellant with respect to the investigation into the activities of the petroleum directorate between November 2007 and April 2018 to wit.
He said the loan amounting to the huge sum of USD$14,000,000/00 given to through the national commission for privatization on the approval of the former president to the Rokel Commercial Bank for its recapitalization was most irregular and the balance of demands for its repayment by the petroleum directorate.
Reading the ruling, Justice A.K Musa said having reviewed the evidence; the findings of the Sole Commissioner are flawed and not justifiable, he ruled that” This appeal is allow” and also set aside the findings and recommendations of the Sole Commissioner and White Paper.