By: Audrey Raymonda John
On Thursday, December 14, 2023, at the Appeal Court in Freetown, Justice Fatmata Bintu Alhadi, alongside Judges Komba Kamanda and Tonia Bennett, issued a new order. They directed former President Dr. Ernest Bai Koroma to pay seventy billion, two hundred and ninety-four million, two hundred and sixty-four thousand five hundred and twenty-three Leone to the consolidated fund of the government of Sierra Leone.
Additionally, the court ordered the refund of three million dollars ($3M) to the Ministry of Finance for the biometric machine used during the 2018 election. Former President Koroma was also instructed to pay twelve million, two hundred and sixty-three thousand eight hundred and twenty-one dollars to the consolidated fund within thirty days from the date of the judgment.
That in October 2020, Lawyers for the Appellant, former President Ernest Bai Koroma, filed two notices of appeal challenging the adverse findings of Justice Biobelle Georgewill. These challenges sought to set aside or quash the adverse findings against the former president.
Justice Bintu Alhadi explained that one of the key arguments made by Koroma’s lawyers, Joseph Fitzgerald Kamara, was that the Sole Commissioners erred in not considering and applying the Head of State Immunity clause provided under Section 48(4) of the Constitution of Sierra Leone. This clause grants immunity to the President against the commencement or continuation of civil or criminal proceedings.
Furthermore, the lawyers argued that the Commissioners violated Section 150 of the Constitution by conducting the Commissions of Inquiry without the prescribed rules regulating the practice and procedure. They contended that the Commissioners acted without authority in indicting and trying the Appellant for offenses not conferred by the establishing Constitutional Instrument 64.
The Solicitor General, Robert Baoma Kowa, countered this argument, asserting that the immunity provisions under Section 48(4) of the 1991 Constitution applied only to serving presidents. He insisted that issues of constitutional interpretation should be directed to the appropriate forum under Section 124 of the Constitution.
Justice Alhadi noted that the Court of Appeal had previously ruled that a former President is not immune from prosecution, citing the clarity of Section 48(4) on immunity for only serving presidents. Lawyer Kowa urged the judges to dismiss the appeal on the grounds of immunity and allow the appellant to pursue the proper jurisdiction for adjudication.
Additionally, Kowa emphasized that the Commissioners were mandated to investigate persons who had control over government resources and had acted willfully, dishonestly, or abused their offices for private benefits causing financial loss to the government. He argued that the appellant fell under the categories of persons to be investigated, as specified in the Constitutional Instrument No. 65 of 2018.
Lawyer Kowa further contended that the Commissioners did not violate Section 150 of the 1991 Constitution and emphasized that the appellant failed to identify any inconsistency between Constitutional Instrument No. 65 of 2018 and the Constitution, necessitating the invocation of Section 171(15) of the 1991 Constitution.
In conclusion, Kowa asserted that the evidence presented before the Commissioners regarding the allegations against the appellant was uncontroverted, leading to the publication of the complete report by the President pursuant to Section 149(2) of the Constitution of Sierra Leone.