By: Mohamed Sahr
In reference to a letter dated 6th April 2023 which the Unity Party allegedly noted that the Political Party Regulatory Commission (PPRC) had stopped them from participating in the 24th General Elections, head of Unity Party, Femi Claudius Cole has on Monday summoned PPRC to the High Court of Sierra Leone in Freetown before Justice Adrian Fisher.
When establishing a precise background on the appeal, Lawyer C. D. Davies representing the Unity Party said the decision in the supposed letter dated 6th April 2023 against PPRC could only be set aside owing to the lime that Unity Party has not contravened the code of conduct of PPRC. He furthered that the PPRC was allegedly wrong on the ground that PPRC failed to conduct Ward, Constituency, District and National Executive Elections that which Article 19 of the 1991 Constitution offers such mandate.
C.D Davis Esq furthered that they have filed their notice of appeal before the court and they have come through the court through the Civil Division pursuant to Section 132 (1) and Section 50 (1/2) of the Court Act. However, he stated that the appeal they made before the court was based on section 43 of the Political Parties Act of 2022.
In response to his submission, lawyer J. J Campbell Esq representing the PPRC submitted that the decision made by the PPRC against the Unity Party is not an appeal of the High Court. He said section 35(7) of the 1991 Constitution states that the decision or action taken by a Unity Party against the PPRC should be heard at the Supreme Court and not at the High Court.
C.C Campbell Esq said section 40 (3) of the 1991 Constitution was invoked by the Unity Party even though a letter was written to them advising them to conduct lower-level elections from Ward to the Regional level. He said section 35(7) of the 1991 Constitution states that a decision that a political party wants to appeal in court against the PPRC must be done at the Supreme Court. He further submitted that the High Court does not have the power to hear and determined the matter except the Supreme Court.
Lawyer Campbell told the court that the appeal filed by the Unity Party should be struck out as well backed up by a fine of NLe100,000. In a split-second, Davis Esq representing the Unity Party submitted that the application made before the court was rooted in Section 40 of the 1991 Constitution which deals with codes of conduct. He added that clause 7(1) paragraph B of the PPRC Act of 2022 states that it is the duty of the Electoral Commission for Sierra Leone to put measures in place so that elections are conducted freely and without fear.
After their submissions, Justice Fisher asked Counsels representing the Unity Party to make an amendment to their synopsis and file it yesterday. The matter was adjourned for today, Wednesday 21st June 2023 for a hearing.
