July 13, 2021
By: James Kamara-Manneh
In the ongoing Commissions of Inquiry Appeals matter in Freetown , former President Ernest Bai Koroma’s lawyer Joseph Fitzgerald Kamara has on the 12th July, have made an application to the Appeals Court Judges that his client may seek further redress at the Supreme Court of Sierra Leone for an Interpretation of section 48 (4) of the 1991 Constitution.
The lawyer said based on the synopsis filed in the court of Appeal, it has warranted them to proceed to the Supreme Court for a ‘Case Stated’.
Mr. Kamara Esq said they are going to the Supreme Court for them to interpret the above section with the aim of knowing whether the former President has immunity base on the constitution.
He further promised the court that upon the next adjourned date he will furnish the court with the necessary questions that they intend filing to the Supreme Court for interpretation.
Responding to questions from the Consultant senior state counsel lawyer, Robert B Kowa said though he does not wish to prejudice the matter, but added that they are resilient and at any level this matter is heard, they as a team are ready to argue it out.
Lawyer Kowa said at the next meeting, he will state his stances on whether he is in agreement with the Respondent Lawyers to take the matter to the Supreme Court.
The matter has been adjourned to the 19th July 2021.
However, in another development the judgment between the State versus the former Minister of Health and Sanitation, Madam Miatta Kargbo was delivered.
The legal team of the former Minister appealed on twenty-one grounds; however the state succeeded in appealing to the court NOT to uphold any of the said grounds.
Mr. Kowa Esq said that the judgment was well delivered by quashing out the appeal. He said the judges made some consequential orders using the Appeals Court rules.
In highlighting few of the orders made, he said unexplained wealth that is not reflective of your service emoluments and making false statements to the Anti-Corruption Commission (ACC) on declaration of Assets.
According to the judgment, the judges have ordered that monies kept in the banks in the respondents name should be forfeited and returned to the state. The matter was referred to the ACC for further investigation.
Justice Ivan Ansumana Sesay, Justice Adrian Fisher and Justice Momoh Jah Stevens presided over the above matters.