JUSTICE FISHER ANNULS PARAMOUNT CHIEFTAINCY ELECTIONS RESULTS

BY: HAJA HAWA KOROMA

Justice Fisher has given out a judgment on the 24^th February 2022 of the paramount chieftaincy election held in Karene District, in Tambakah Yombagie Chiefdom.

The plaintiff Alhaji Mohamed Foday Kamara in this action filed a petition on the 14^th June 2021, challenging the outcome of the elections that were held on the 4^th and 5^th of June 2021. The first respondent Abu Bakarr Kamara was declared the winner and paramount chief elect.

The petitioner felt aggrieved by the decision of the second respondent, who is the provincial secretary, to allow the first respondent to take part in the elections. He therefore filed this petition against the said conduct of the elections.

The petition was initially filed at the district registry of Bo. On the 30^th June 2021 the petitioner filed an amended petition which was filed in the civil and general division of the high court. The amended petition relied on a number of matters of fact, which are as follows:

That the petitioner objected to the declaration of the first respondent challenging his eligibility to run for the office of paramount chief, on the basis that he does not hail from a ruling house.

That the breaches mentioned are so fundamental and grave that to allow the result of the said election to stand will be unsafe and contrary to the provisions of section 8 (1) and (2) of the Chieftaincy Act No 10 of 2009.

That the court annul the process leading to the said election and the said election itself, on the grounds, that there has been a complete failure to comply with the provisions of Act No 10 of 2009.

That the petitioner be declared winner of the concluded elections.

On the 10^th of august 2021, the plaintiff filed an ex parte notice of motion, seeking an interim injunction, restraining the first respondent from presenting himself for coronation as paramount chief of Tambakah Yombagie Chiefdom, Karene District and North-West province of Sierra Leone.

The Hon. Justice M Bawoh J granted an interim injunction on the 20^th of September 2021 restraining the first respondent from presenting himself for the coronation as paramount chief.

The notice of motion stated that the court strikes out the petitioner’s application of the 20^th September 2021, as it contravenes section 18 of the State Proceedings Act 2000, Act No. 14 of 2000.

It further stated that the court vacates the interim injunction granted by the Hon. Justice M Bawoh J, on the 20^th September 2021, and also that the costs of the application are to be borne by the petitioner.

The application is supported by an affidavit of Edward Sarkoh, state counsel, sworn to on the 8^th October 2021, stating that the law officers department was instructed to take over the conduct of the matter and that the petitioner has failed to show any violations on parts of the respondents that warrants the process to be injected.

It also stated that the petitioner is seeking to contravene the statutory provision of section 18 of the state proceedings act 2000 by obtaining an injunction against the 2^nd 3^rd and 4^th respondents who are government functionaries.

And that if the injunction remains in force a power vacuum will arise leading to tension and chaos in the chiefdom.

State counsel, Mr. Edward Sarkoh, swore to an affidavit on the of October 2021 in which he averred the facts that the petitioner having objected to the declaration of the first respondent on grounds of eligibility, on the basis that he does not hail from a ruling house. Contrary to the assertions by the petitioner, the Sierra Leone Royal Gazette at page 866 paragraphs 277 dated 3^rd September 1927, proved beyond doubt that the first respondent hailed from the Kandeh Bamba ruling house of Tambaka Chiefdom.

The claim from the petitioner that the 1^st respondent did not hail from a ruling house is therefore misplaced and the declaration officer was therefore correct to declare the first respondent on of the aspirants qualified to stand as candidate for the paramount chief elections.

Upon hearing all the arguments, exhibits and affidavits issued to the court by R.B Kowa counsel for the petitioner and E. Sarkoh, state counsel for the defendants. The Hon. Justice A Fisher J on the 23^rd February 2021 gave his final judgment by upholding the application to annul the process leading to the paramount chieftaincy elections  held on the 4^th and 5^th June 2021 and the said elections is dismissed.

And that the application that the petitioner is declared the winner of the said paramount chieftaincy elections conducted on the 4^th and 5^th June 2021 is refused.

Lastly, he ordered that the petitioner shall pay the costs of this application assessed at Ten Million Leones forthwith.