By: Audrey Raymonda John
The High Court in Freetown has refused an application seeking to restrain the conduct of the Njaluahun Paramount Chieftaincy Election, scheduled for September 30, 2026, in Kailahun District.
The matter came before Court of Appeal Judge sitting at the High Court, Justice Alhaji Mohamed Momoh-Jah Stevens, on September 29, 2026.
The application was filed by one of the candidates, Dr. Momoh Gbetuwa, through his counsel by way of an ex prate Originating Notice of Motion dated September 28, 2026.
Among other reliefs, Dr. Gbetuwa sought an interim injunction restraining the first, second and third respondents from proceeding with the Paramount Chieftaincy Election in Njaluahun Chiefdom, Kailahun District, Eastern Region.
The application was supported by an affidavit sworn to by Dr. Gbetuwa, with five exhibits attached.
During the hearing, counsel for the applicant relied on the exhibits in support of the application. Counsel particularly referred to Exhibit MG1, arguing that the Permanent Secretary and his team in the Eastern Region’s reference to the applicant as “Gbetu” instead of “Gbetuwa” amounted to a deliberate attempt to disenfranchise his client.
Counsel urged the Court to declare the alleged actions null and void on the grounds that they were unlawful.
Responding, counsel for the respondents, E. Sarkoh, contested the applicant’s position. He told the Court that although he had not been given sufficient time to file an affidavit in opposition; he would do so in accordance with the law and the directions of the Court.
Counsel for the first and second respondents further argued that, under the Chieftaincy Act 2009, a challenge to the election process could be brought pursuant to Section 18(1), including after the election of a Paramount Chief.
In his ruling, Justice Momoh-Jah Stevens emphasized that an injunction is a discretionary remedy and that the Court could only exercise that discretion after all parties had been sufficiently heard.
The Judge stated: “With the process of injunction, it is a discretionary remedy by a Court, and I can only grant it when everyone has been sufficiently heard.”
Accordingly, the Court refused Orders 1, 2, 3, 4 and 5 sought by the applicant in the Originating Notice of Motion dated September 28, 2026.
The ruling clears the way for the Njaluahun Paramount Chieftaincy Election to proceed on September 30, 2026, subject to any further lawful proceedings that may arise.