By: Fatima Rogers
The court of Appeal has upheld the motion of Appeal by Francis Kaikai against the State for adverse findings recommendations and report made against the Appellant by Justice Bankole Thompson at the Commissions of Inquiry {COI} and therefore set aside such inquiry outcome.
On 11th day of November, 2020 the Appellant filed the motion of Appeal after the adverse findings against him on breach of procurement procedures to purchase 94,500 bags of 50kg inorganic fertilizer to distribute to about 750,000 farmers in the 13 districts of Sierra Leone to promote increased agricultural productivity and during 2014-2016.
Shears Moses argued that the appellant who joined the Ministry of Agriculture in 2016 as procurement officer and was not listed as a person of interest was not accorded fear hearing at the COI as he was not invited to appear before the Commission as a person under investigation. The findings he said were totally unsubstantiated, baseless, unsupported by law or evidence thereby manifesting erroneous, defamation by virtue of the fact that the Appellant is a qualified procurement officer and the highest standard of probating, honesty, and sterling personal reputation is required at all times.
The solicitor general for the state lawyer Robert B. Kowa on the other hand, argued for the state that the Commissioner {Justice Thompson} acted within the scope of his mandate to ascertain individuals who acted in a corrupt manner and or misused government funds or conspired with others to do so.
The judges {Justices Fatmata Bintu Alhadi, Justice Komba Kamanda and Justice Tonia Barnett} on Monday 18th September agreed that the appellant had no command and control as he was merely a procurement officer not an expert in crop science and not in control of the fertilizer scheme as he was at the lower cadre of the management team and did not have the final say neither was his decision imperative. Rather, the Judges agreed that the record of evidence show that the Minister, Permanent Secretary and Director of Crops who were in full authority and had the overriding power to dictate the purchase of the fertilizers.
In another appeal case, the Court upheld the adverse findings against Abdul Ignosi Koroma who was Deputy Minister of Mines.
The appellant who was said to have violated assets declaration at the time he served as Deputy Minister of Mines filed a notice of appeal in November 2020 based on 10 grounds ranging from unconstitutionality of the Commissions of Inquiry for failing to publish the complete five (5) volume report of the Hon. Justice Biobelle Georgewill, Commission of Inquiry Constitutional.
The motion of appeal filed in November 2020 was against the adverse findings of the Hon. Justice Biobelle Georgewill Commission of Inquiry relating to the “Sale of Shares in Sierra Rutile Company (SL) Ltd” and the Appellant’s property at Railway Line, Teko Road, Makeni in the Northern Province valued at six billion, four hundred million Leones {Le6,400,000,000} having been found to be well beyond and far above his legitimate means of incomes allowances and other earnings and was recommended to be forfeited forthwith to the state.
Counsel for the Appellant Ady Macauley had argued that the Commissioner {Justice Georgewill} had no right to direct how the Commission should function by way of inventing rules of procedure. The Commissioner he said lacked the jurisdiction to proceed.
On the contrary, Counsel for the State Robert Kowa submitted that the inaction of the Rules of Court Committee to comply with the provision of the Constitution does not in any way suggest or mean that the Commission lacked jurisdiction to give practice Direction as to the conduct of proceedings at the Commission of Inquiry.
