By: Hafsatu Z Bangura
In the petition case filed by Alfred Peter Conteh, Chairman of the Interim Transitional Governance Committee (ITGC) of the main Opposition All People’s Congress (APC) Party, Sulaman Kabba Koroma has on behalf of the Defendant All People’s Congress (APC) objected to the application seeking for an interim and interlocutory injunction on the just concluded National Delegates Conference of the APC Party, its newly elected executive officers and others.
The objection was raised at yesterday’s hearing in Freetown in the High Court presided by Justice Adrian Fisher on attempt by the plaintiff counsel Jessy Munda Jengo to move two Applications.
One out of the two applications, Lawyer Jengo said is an expert seeking the leave of the court to grant the prayers on the face of the notice of motion dated 27th February 2023.
Lawyer Sulaiman Kabba Koroma objected on the grounds of jurisdiction and abuse of process.
He said the applications from Counsel for the plaintiff is seeking directive or injunction with regards to outcome of the National Delegates Convention held on the 18th, 19th and 20th February 2023 conducted by the Transitional Interim Independent Election Management Committee (TIIEMC), through Court orders in a separate matter which is in subsistence.
According to the third defendant counsel, the Court lacks jurisdiction to act like a court of Appeal to restrain a decision of a court with competent jurisdiction, or to hear the application sought by plaintiff counsel. “There is only one High Court of Sierra Leone and with equal powers,” Lawyer Sulaiman Kabba Koroma stated.
This action by the plaintiff Alfred Peter Conteh, according to Lawyer Sulaiman Kabba Koroma is completely an harassment to the Judiciary as he (plaintiff) is asking the Judiciary with a frivolous application.
“The Judiciary is not a place of gangsterism the plaintiff is in the right court but with the wrong forum,” Lawyer Sulaman Kabba Koroma stressed.
In support to his objection, Counsel made references to several past court decisions both local and international, and further asked the court to strike out the plaintiff applications with a suggested cost of Two Hundred Million Old Leone to which he said the money would be donated to the Judiciary for beneficial use.
Plaintiff Counsel Jessy Munda Jengo said the application sought is to restrain what he calls an unlawful act that contravenes previous court orders by Justice Adrain Fisher in a Separate Matter.
Though agreed that the TIIEMC did not act on their own volition, Lawyer Jengo said whatever the party conducted the NDC elections knew there was a Judgement.
The defendants counsels, Lawyer Jessy Munda Jengo said they misdirected Justice Hannah Bonnie when they failed to inform the Judge of a previous court ordered, and deliberately omitted Justice Adrian Fisher Judgement at the time they file in papers before Justice Hannah.
“The court has been placed between the rock and hard place,” Plaintiff Counsel Jessy Munda Jengo said.
Lawyer Jessy Munda Jengo is also seeking for an extension of the ITGC to determine the orders of Justice Hannah Bonnie.
The matter was adjourned for notices to be sent.