April 21, 2021
By: James Kamara-Manneh & Francis F.M.Harding
The legal battle against the validity of the 2018 presidential election that brought President Julius Maada Bio to power has come to its end before the Supreme the court led by the Honorable Chief Justice Desmond Babatunde Edwards and four other Judges. The Supreme Court of Sierra Leone on the 20th April, 2021 ruled that the petition shall not be heard and all petitions struck out of court.
In the petition file the following were the persons of interest, Dr. Sylvia Blyden 1st petitioner respondent, Dr. Samuara Wilson Kamara 2nd petitioner respondent, Hon. Mikilieu Mansaray 3rd petitioner respondent and Dr. Usman Foday Yansaneh 4th petitioner respondent and the Chief Electoral Commissioner 1st respondent applicant, the National Electoral Commissioner 2nd respondent applicant, His Excellency Julius Maada Bio 3rd respondent applicant in this matter and the Sierra Leone People’s Party.
During the reading of the ruling, Chief Justice said on the 2nd and 1st March, 2018 Sierra Leone Presidential Election and the subsequent presidential runoff election were respectively held in Sierra Leone. On the 13th March 2018 the first respondent the National Electoral Commission hereinafter referred to as NEC pronounced the 7th March, 2018 presidential elections result with the Sierra Leone People’s Party candidate Brigadier Rtd. Julius Maada Bio polling 43.257% of the vote cast coming first while the All People’s Congress Dr. Samura Matthew Wilson Kamara came second puling 42.676% of the vote cast.
The presidential election were held on the 31st March, 2018 and on the 4th April, 2018 the result were declared and the Sierra Leone People’s Party candidate emerged as the winner with one million three hundred and nineteen thousand four hundred and six of the total votes representing the 51.81% which led to the winner to assumed office of the President of Sierra Leone immediately. The election according to the general view of the local and international observers praised the electioneering process and described it as peaceful and free from violence. The petitioners said the election were made of irregularities, malpractices, harassment, fraud, by officials and agents of National Electoral Commission the second respondent in collusion of operation and agent of His Excellency the president the third respondent and his party. He said before the seven days of the result expired after which any action to challenge the validity of the result, he said four persons challenged the validity of the result in two separate actions for which SC62018 and SC72016 respectively which were filed on the 9th April, 2018.
In the ruling, the Chief Justice referenced several cases in Commonwealth countries like Ghana, Kenya, Tanzania etc., though their decision are not binding on Sierra Leone Judicial system.
The CJ continued that the Petitioners should note the provisions of sections 45 (2) from the 1991 Constitution of Sierra Leone and sections 55(1) of the Public Election’s Act of 2012 made pursuant to section 44 of the 1991 Constitution did file a petition in the Supreme court. These sections, he said that any question which may arise as to whether any law is being flouted shall be referred to the Supreme Court for hearing.
He said the Supreme Court cannot handle petition through the Electoral Petition Rule of 2007 because it lack the jurisdiction, that the petition cannot be applicable in the Supreme Court rather the by the High court. In respect of filing with the wrong process in this situation, there is every possible means to throw the matter out of the Supreme Court and Jurisdiction and lack of it is a very serious error in law. “it is about whether you have powers to do and what you don’t have powers to do. Where you do not have powers to do and purpose is absent and you will be acting outside scope lack, he said.”
After the reading of the ruling, Lawyer George Banda-Thomas applauded the Judges and said “it is a land mark decision and that it is a turning point in the legal history of this country’, he continued that the decision is momentous one and a monumental achievement on the part of the Supreme Court; the precedent is being set more will precede.”
It could recall that in April, 2018 Dr.Slyvia O.Blyden and Dr. Samura Kamara separately filed petitions in the Supreme Court, challenging the pronouncement of President Julius Maada Bio as President of the Republic of Sierra Leone.
Lawyer George Banda-Thomas represented President Julius Maada Bio and the Sierra Leone People’s Party, being the 3rd and 4th respondents in the matter.
Lawyer Lansana Dumbuya said “for whatever positions the ruling of the court is we will go by it, although I have certain clarifications to seek, it has been a long journey three years and now we have come to the end of the road.”
Dr. Slyvia Blyden said “the brilliant part of the ruling was the interpretation of section 55 sub-section one (1) which guides on how to file a petition to Supreme Court. She said section 45 of the 1991 Constitution of Sierra Leone empowered citizens to come to the court anytime they feel aggrieved, once more I am of the brilliant manner in which section 55 subsection 1 of the Public Election Act of 2012 was laid and explained”.
The Supreme Court Judges that unanimously struck out the 2018 Presidential elections petition case were Chief Justice Desmond Babatunde Edwards, Hon. Justice Browne-Marke JSC, Hon. Justice Eke E. Roberts JSC, Hon. Justice Alusine Sesay and Hon. Justice Ivan Sesay.