July 21, 2021
By: Francis F.M.Harding
On the 19th July 2021, former President Ernest Bai Koroma through his lead Lawyer Joseph F. Kamara presented his intention on behalf of his client for clarification at the Supreme Court of Sierra Leone on the grounds of Immunity in respect of the former President.
The lead Lawyer announced his client’s intention to the Judges at the Appeals Court, after they had appealed the decision of the Commissions of Inquiry set up by President Bio to investigate government officials that served the previous APC administration from 2007-2018.
The matter is currently presided over by Justice Alhaji Momoh Jah Stevens, Justice Adrian Fisher and Justice Ansumana Ivan Sesay Judges of the Appeals Court of Sierra Leone.
The Counsel representing the Attorney-General, Lawyer R.B. Kowa, T.J. Freeman, and A. Suwu and the Counsel representing the former President Lawyer Joseph F. Kamara, Africanus Sesay, Ade Macauley, Ibrahim Mansaray and Wara Serray-Kamal were at the Appeal Court to seek clarification on the interpretation of the Constitution on the grounds of Immunity in respect to the former president.
Presenting his application the lead counsel for the former President Lawyer Joseph Kamara said the appellant is seeking by notice of application a reference to the Supreme Court of Sierra Leone pursuant to section 124 sub section (1) (a) of the 1991 constitution and section 124 sub section (2) of the same Constitution.
He further referenced the Supreme Court Rules of 1982 and the Statuary No. 1 of 1982 rules 99.
He said the matter to be heard at the Supreme Court by way of interpreting section 48 sub section (4) of the Constitution and to further seek interpretation of section 147 of the Constitution of 1991 that deals with the appointment of the Commission of Inquiry (COI).
Lawyer J.F Kamara said that in relation to section 148 (a) (b) and section 149, they wish to see the interpretation to determine the scope and function of the Constitution.
He said the appellant determines the meaning of proceedings under section 484 of the Constitution of Sierra Leone.
He continued that the issues of interpretation of section 484 have always been there to be examined by the Supreme Court and precedent has been set in the past.
Lawyer Kamara said they need clarity for the said sections. He said there is no clear evidence in the jurisdiction of this court that issues of civil and criminal litigations to be brought against a former head of state for executing decisions while he was holding office.
He said several questions were asked such as; what is the scope of immunity that is vested in Heads of State? If the immunity exceeds at all its limit in scope or responsibilities?
He submitt that Former President Koroma can’t be subjected to civil or criminal proceeding for executive decisions he took while in office.
He cited several examples such as the issue of the late former President Kabbah and Firetext.
He said Justice Timbo agreed on the issue of clarity but disagreed that the action be withdrawn. He said late former President Kabbah enjoyed immunity whiles he was in office and while former President Koroma was taken to the Commissions of Inquiry immediately when he left power.
The Judges asked Lawyer Kamara several times to clarify his points.
How does immunity relate to the former president? A judge asked.
He said he has filed the application pursuant to section 147, section 148 and section 149. The State Lawyer R.B. Kowa was reserved during to respond to the Lawyer Joseph F. Kamara and team.
It could be recall that after their third appearance (13th July, 2021) on behalf of the former President Ernest Bai Koroma, his lawyer told the three Appeal Court Judges that they expressed intention to seek redress at the Supreme Court for the interpretation of immunity according to the Constitution of Sierra Leone.
However in 2019; three Commissions of Inquiry were set up to investigate the assets of the Vice Presidents, Ministers and Heads of Government Agencies who served in the former President Koroma`s administration from 2007 to 2018. The Commissions of Inquiry found former President Koroma wanting on several corruption allegations relating to his pension, salaries and income on investments that the white paper recommendations claimed far exceed his total earnings.
Matter was adjourned to the 21st July,2021.
In another development, the Presiding Judge Justice Ansumana Ivan Sesay called on Lawyer Roland Wright for another Commissions of Inquiry appellant, Karifa Kargbo, former Director of Finance at the Petroleum Directorate appeals case for oral argument and submission. Lawyer Roland Wright said he made an application for new evidence as this development may assist the court. He said in dispensing justice, Lawyer Wright said there is development for the substantive application.
He said E, F, G, H, I, & J, he said E is ambiguous and the rest are erroneous in law. He read the synopsis and Lawyer Kowa said he has no objection with respect to the ground stated.
He said that taking into consideration that the appellant was no longer in office during the period touching and concerning the findings as to the payment of terminal benefit and the local agreement.
He concluded that the Commission of Inquiry (COI) fact was erroneous. Lawyer Roland Wright withdraws the application to save the court`s time. The Presiding Judge Justice Sesay said that he want to withdraw the application to ensure that the time of the court is not wasted.
Representing the State Lawyer R.B. Kowa said they have no objection. The Presiding Judge Justice Ansumana Ivan Sesay struck out the case against Karifa Kargbo former Director of Finance at the Petroleum Directorate with cost. Responding to the Judges, Lawyer R.B. Kowa said that the State do not have money. The matter has been adjourned to the 21st July, 2021 at 9:00 AM.