July 22, 2021
By: Francis F.M.Harding
On the 19th July 2021, the State Counsel R.B. Kowa has responded to the former President appeal on immunity ground in respect of the Attorney-General.
Lawyer R.B. Kowa responded to the application of the former President Ernest Bai Koroma through his lead Lawyer Joseph F. Kamara on the question of immunity.
The matter is currently presided over by Justice Alhaji Momoh Jah Stevens, Justice Adrian Fisher and Justice Ansumana Ivan Sesay the Presiding Judge at the Appeals Court of Sierra Leone.
The Counsels representing the Attorney-General, Lawyer R.B. Kowa, T.J. Freeman, and A. Suwu and the Counsels representing the former President Lawyer Joseph F. Kamara, Africanus Sesay, Ade Macauley, Ibrahim Mansaray and Wara Serray-Kamal were at the Appeal Court to seek clarification on the interpretation of the Constitution on the grounds of Immunity in respect to the former president.
Responding to the former President Koroma appeal, Lawyer Kowa said that he needs to clarify his provisions stated in his synopsis. He continue, to say that he did not consider the application made by the appellant of section 48 (4) of the Constitution. He said that in his synopsis he argued the ground of appeal and not the interpretation of section 48 (4) of the Constitution. Kowa said that the ground must fail because this is not proper forum to ague on this ground. He said that he did not present his argument that the said ground shall be interpreted by the Supreme Court.
He said that the issue does not appear to the motion, but that acceding to his synopsis that the forum is inappropriate. He continued to say that the court has the jurisdiction to interpret the Constitution, he said however, if the Appeal Court deemed it fit that the said interpretation is simple and straight forward and hence does not needs to further into an Upper Court. Speaking on the rule of interpretation, he said that the
Presenting his application the lead counsel for the former President Lawyer Joseph Kamara said the appellant is seeking by notice of application a reference to the Supreme Court of Sierra Leone pursuant to section 124 sub section (1) (a) of the 1991 constitution and section 124 sub section (2) of the same Constitution.