By: Hafsatu Z Bangura
Senior Principal Counsel and a member of the Laura Taylor-Pearce Tribunal Lahai Momoh Frmah Esq have dismissed the application made by defense counsel for the second party applicant Pa Momoh Fofanah on a motion dated 6th June 2022 that the tribunal lacks jurisdiction.
The tribunal panel in their ruling said the tribunal is legitimately set up, therefore, its holds competence. They added that the application made by Lawyer Pa Momoh Fofanah to dismiss the motion is considered premature.
On the other hand, Justice Ivan Sesay also intimated the application and referred to the application as premature and refutes the application made by counsel which he said counsel challenged the supremacy of the constitution.
After a long recess, the tribunal Investigation hearing against the suspended Auditor General of Sierra Leone, Lara Taylor Pearce and her Deputy, Mr. Tamba Momoh came up at the National Social Security and Insurance Trust (NASSIT) Court on Main Law Court Building Siaka Steven Street in Freetown on the 28th November 2022.
Lawyer Lahai Momoh Farmah delivering the ruling said that based on papers received by the court, Lawyer Mohamed Pa.Momoh Fofana moved an application by notice of motion dated 6th June 2022 for and on behalf of the second party applicant, Mr. Tamba Momoh as Acting Auditor General for the various orders prayed for on the face of the motion.
The application he said sought the following order from the Court; that the tribunal lacks jurisdiction to investigate and inquire into disciplinary hearing and or determine any matter pertaining to the applicant`s hearing, preparing the terms of his employment on conditions of service with the Audit Service Sierra Leone on the following grounds.
That the relevant law governing the establishment of operation and terms of reference of the tribunal, Section 119 (9) and 137 (7) of the 1991 National Constitution of Sierra Leone threw the Audit Service Act of 2014, particularly with reference to Section 3, 18 and 20 of the Audit Service Act of 2014.
Counsel application is supported by the affidavit of Tamba Momoh, sworn to on 6th June 2022, with the following exhibit documents; a letter from the Secretary to President, dated 9th July 2021 addressed to the Audit Service Board on the theme, Tribunal to Investigate Audit Service, Sierra Leone.
Another letter again from the Secretary to President, dated 29th November 2021, addressed to Tamba Momoh on the theme, Suspension from office as Deputy Auditor General.
He went on in reading out his ruling that the Audit Service of Sierra Leone employee Conditions of Service handbook dated Jan 2018, a letter to the Acting Auditor General, dated 3rd December 2021, another letter from the Chairman of the Audit Service Board, Mr. Rogers to Acting Auditor General on the same theme, Suspension of Tamba Momoh as Deputy Auditor General, specialized audit, a letter from Tamba Momoh addressed to the Acting Auditor General, report from the office of Ombudsman of Republic of Sierra Leone, dated 12th May 2022 addressed to Chairman, Audit Service Sierra Leone (AS/SL) Board in respect of complaint of mal-administration against Audit Service, particularly pages 9 to 11.
He went on that Lawyer Mohamed Pa. Momoh Fofana said he relied on all those exhibits sighted, and the entire content of Tamba Momoh`s affidavit, particularly paragraph 58. Section 119 (9), 137 (7) of 1991 and pages 44 and 45 of the Employees` Handbook is an infringement.
Farmah Esq intimated that Counsel submitted that Tamba Momoh is not the Auditor General of Sierra Leone, and as per pages 44 and 45 of the employees` Handbook, was not appointed by the President after consultation with the Audit Service Board, not approved by the Parliament of Sierra Leone. He also said counsel relied on Sections 3, 18 and 20 of the Audit Service Act of 2014, and thereby submitted that subjecting the Deputy Auditor Genera to the same disciplinary or same vain platform of the Auditor General is demeaning to the Auditor General of Sierra Leone and Unconstitutional.
In response, to the application Farmah said the State Respondent, Counsel Osman Kanu said to order one of the applications did not fall within the jurisdiction of the tribunal, and that Section 18 of the Audit Service Act is misconstrued and the issues of jurisdiction did not fall on the above section.
He argued that Counsel`s application has not shown why the tribunal lacks jurisdiction.
He furthered that Lawyer Osman Kanu submitted that under 137 of the 1991 Constitution, the tribunal has the jurisdiction to carry out its mandate.
He said however in reply to state respondent Lawyer Pa. Momoh Fofana said the State has not answered the application.
The establishment of the tribunal is premised on specific statutory provisions and the same has been sighted in the practice direction.
Chairperson of the tribunal, Justice Nyawo Matturi-Jones assured that the panel holds on the hearing on simple fact and law.
The panel unanimously dismissed the motion filed by Pa Momoh Fofanah on behalf of the second applicant.