By: Hafsatu Z Bangura
Justice Adrian Fisher has ordered the Executive Director of Native Consortium and Tink Tank, Edmond Abu being the plaintiff in the said matter to pay a total cost of seven billion Leone to all three companies Orange, Africel and Natcom.
While delivering his judgement, Justice Fisher gave the following orders:
- that the defendant 1, 2 and 3 defendant on the date of this judgment took steps and comply fully with the provisions of section 37 (3) E and G of the Tele communications Act to all consumers with an SMS to ensure the same is done every 90 days, that the 4 defendant NATCOM within 90 days of his judgment established procedures for telecommunication by of way settling alternative dispute resolutions for telecommunications industry and costumers.
- That the 4th defendant NATCOM shall within 30 days establish a system of complain for consumers and shall publish the resolution.
Counsels for the defendants prayed for cost against the plaintiff, while Counsel for the 1st defendant A. Showers Esq pleaded for cost in the sum of 2 billion Leones, and counsel for the 2nd defendant A. Godden Harris Esq also prayed for cost of 2 billion Leone same with counsel for the 4th defendant I.S Sawanneh applied for a cost in the sum of 3 billion Leones all to be paid by the plaintiff. All applications were granted.
Justice Fisher also ordered that the case against the 3rd defendant Sierratel be struck out.
The Judge said the matter was assigned to three different judges before being assigned to him and the matter started in March 27 2021, and was successful after the hearings the testimony of all 135 witnesses .
However, the Edmond Abu Jr was sent to the male correctional center for 21 days for contempt of court. This came after the judge has passed a judgement on the matter between him his institution and the mobile companies (ORANGE S.L, AFRICEL) and Natcom.
It could be recalled that the 1st plaintiff Native consortium and Tink Tank, 2nd plaintiff Edmond Abu Jr, and others plaintiffs took Africell 1st defendant Orange 2nd defendant Sierratell 3rd defendant and Natcom 4th defendant to court for failing to comply with the requirement to provide free calls by way of compensation in conformity with the 4th defendant’s instructions.
Before the judgement an order for a contempt of court was issued for Edmond Abu Jr was issued which took him down to the male cell. When he was brought before the court by his lawyer from the Human Right commission who pleaded on Edmond’s behalf that he had over stepped but asked the judge to temper justice with mercy, but the Judge Hon. Adrain Fisher said everyone ought to respect the judiciary, later Edmond Abu was asked to speak on his actions and why he shouldn’t be sent to prison for 21 days, Edmond Abu Jr told the court that he is unaware of his arrest and why he was brought to the dock.
The judge Hon. Adrian Fisher said in as much Edmond does not understand why he has been held for contempt, the judge explained that the latter whilst the matter was ongoing in court held press conferences radio and made allegations against the judiciary system hereby discrediting it’s ability as a judiciary and was informed that he will receive a notice prior to the judgement to his lawyer.
The judge order that Edmond Abu be sent to prison for 21 days and to return on the 31st of January 2023 with his lawyers to answers to the contempt proceedings.
