March 19, 2021
By: Francis F.M.Harding
Alfred Peter Conteh who is the plaintiff has been asked by Justice Adrian Fisher presiding at the High Court in Freetown yesterday 17th March to pay a security cost of Le 30 million to the Court. In February 2021 the plaintiff filed papers in the High Court, challenging the legitimacy of the current executive members of the All People’s Congress (APC) including the leader and chairman of the party Dr.Ernest Bai Koroma and the Secretary-General Osman F.Yansaneh.
It could may recalled that on the 10th March, 2021, the lawyer representing the chairman and leader of the party, led by lawyer Ibrahim Mansaray and the lawyers representing the All People’s Congress party led by Ady Macualey, asked for security in the tune of Le 10 billion, against the plaintiff.
The lawyers representing the All People’s Congress said the money will be in possession of the court, until the matter comes to an end. The counsels for the defendants claimed their clients have spent huge amount in this case, and huge amount of monies have been spent in other areas of the party which the court proceeding has affected.
The lawyers said the current injunction granted some two week ago and the activities of the party has cause the first, second and third defendants some financial losses.
In responding, the counsel representing the plaintiff, Jesse M. Jengo Esq outlined that his client has exercise his democratic right as a full paid member of the APC party. He continued that his client is seeking for a fundamental principle of democracy as he has been deprived and decided to seek redress in the Court of law.
Justice Adrian Fisher said in his ruling that he has to look at the submission made by both counsels on the issue of cost as cited order 26 of the High Court Rule of 2007 which deals with security cost. He said the plaintiff is residing out the jurisdiction of Sierra Leone and there is no direct or indirect evidence in court that the plaintiff is unable to pay.
The Justice said that the plaintiff raised fundamental principle of democracy and he should not be deprived the right to seek redress. The Judge said the amount of security cost to be ordered is discretion of the Court. Justice Adrian Fisher ordered a Le 30 million security cost to the plaintiff, which must be paid within a week.
Justice Adrian Fisher ordered the plaintiff counsel to file and serve the evidence of such cost; if he fails to pay the court will strike out the matter.
The matter has been adjourned to 7th April.