By: Mohamed Sahr
On a matter regarding public elections hearing, Supreme Court which is the final court of arbiter in Sierra Leone has withheld ruling between the following plaintiffs Patrick John Esq for the first plaintiff, Charles Francis Margai Esq for the second plaintiff otherwise the People’s Movement for Democratic Change (PMDC) party versus the Electoral Commission for Sierra Leone (ECSL) and the Chief Commissioner of ECSL (first and second respondents) on Thursday 6th July 2023 at the High Court of Sierra Leone in Freetown.
Making a motion of application, Charles Francis Margai Esq told the court that he had formally informed the Honourable Chief Justice requesting him to be executed in the panel as part of the judges for the said hearing on the basis that Honourable Desmond Babatunde Edwards swore the president-elect with such rapidity which presupposed that the Chief Justice was incognizance of the outcome of the presidential election results.
For him, based on his considerable and flattering 52 years’ of experience in the Bar, he said Chief Justice presumably knew the process leading to the declaration of President Bio as the elected president. “If that assumption is correct, then I submit that it is commutable and perhaps it is a conflict of interest to be a member of this panel and this characterized by seemingly biased,” C.F Margai Esq said.
Honourable Chief Justice Desmond Babatunde Edwards, Justice Ivan Sesay and two other justices made up of the Supreme Court judges in charge of the ruling. The Chief Justice replied that he waited for the announcement of the presidential results in order to swear the newly elected president of which he did as according to the Constitution of Sierra Leone.
In return, C. F Margai Esq said section 28 subsection 6 of the 1991 Constitution made provisions on the operationality of the Chief Justice as the head of the Supreme Court; noting that he held on the balance of the final line of Section 28 subsection 6 of the constitution.
After several arguments between the Supreme Court judges, Charles Francis Margai heightened his emotions saying he would not continue his application until the Chief Justice request his leave from the lordship bench. He said the matter deals with human rights and it must be treated with utmost concern. His reaction engulfed the judges to withhold the ruling on the matter.
B. E. T Cummings Esq, E. S Abdulai Esq, J. T Mansaray Esq and J. Turay Esq were defending the first and second respondents. Also, R. B Kowa Esq, O. I Kanu Esq, C. J Freeman Esq and A. Boima Esq were defence counsels on behalf of the Attorney General and Chief Justice.
