Abdul I. Koroma v The Attorney General & Minister of Justice (Civil Appeal 106/2020) [2023] SLCA 2 (18 September 2023)

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CIV.APP NO. 106/2020 ONC

SRS IN THE COURT OF APPEAL OF SIERRA LEONE iar: IN THE MATTER OF THE CONSTITUTION OF SIERRA LEONE 1991 (ACT NO. 6 OF 1991) PART IX (COMMISSION OF INQUIRY) SECTIONS 147-149 (INCLUSIVE) IN THE MATTER OF CONSTITUTIONAL INSTRUMENT NO. 64 OF 2018 AND THE COMMISSION OF INQUIRY (EXAMINATION, INQUIRY AND INVESTIGATION) NOTICE (1) 2018 (JUSTICE BIOBELE GEORGEWILL COMMISSIN OF INQUIRY) BETWEEN: Abdul [gnosis Koroma > APPELLANT Railway Line Teko Road Makeni AND The Attorney-General & Minister of Justice - RESPONDENT Law Officers Department 3 Floor, Guma Building Lamina Sankoh Street Freetown CORAM; HON. MRS. JUSTICE FATMATA BINTU ALHADI JA (PRESIDING) HON. MR. JUSTICE KOMBA KAMANDA JA HON.MRS JUSTICE TONIA BARNETT JA

as Katy te) ADVOCATES : Ware ADE MACAULEY ESQ APPELLANT ian RB.KOWA ESQ RESPONDENT JUDGEMENT DELIVERED ON THE 18! DAY OF SEPTEMBER 2023 BACKGROUND, The President of Sierra Leone by Constitutional Instrument No. 64 of 2018 pursuant to Section 147 of the Constitution of Sierra Leone, Act No. 6 of 1991 set up the Justice Biobele Georgewill Commission of Inquiry with the said Judge as Chairman and Sole Commissioner. The terms of reference of the Commission of Inquiry known as COI were laid down in Section 4 of the aforementioned Constitutional Instrument thus: A, To examine the assets and other related matters in respect of; i. Persons who were President, Vice President, Ministers of State, Deputy Ministers; and ii Heads and chairmen of Boards of Parastatals, Departments and Agencies within the period from November 2007 to April 2018. b. To inquire into and investigate whether assets were acquired lawfully or unlawfully ¢. To inquire into; i Persons who were President, Vice President, Ministers, Ministers of State, Deputy Ministers; and ii Heads and chairmen of Boards of Parastatals, Departments and Agencies within the period from November 2007 to April 2018

4. To ascertain as to whether the Persons referred to in paragraphs ac i Maintained a standard of life that which was commensurate to their official ‘emoluments

WA NS sO ond arse ii Owned or were in control of pecuniary resources or property disproportionate to their official emoluments or there is evidence of corruption, dishonesty or abuse of office for private benefit by them iii. Collaborated with any person in respect of such corruption, dishonesty or abuse of office iv. Acted willfully or complacently in such a matter so as to cause financial loss or damage to the Government, Local Authority or Parastatal, including a Public Corporation v. Acquired directly or indirectly financial or material gains fraudulently improperly or willfully to the detriment of the Government, Local Authority or Parastatal. Including a Public Corporation, statutory Commission, Body or university of Sierra Leone vi. To inquire into and investigate any persons or matter as may from time to time be referred to the Commission by His Excellency, the President.

The Appellant thereafter being dissatisfied with the findings, conclusions and

recommendations of the Sole Commissioner filed a Notice and grounds of appeal on

the 22" day of December, 2020.

The Appellant’s appeal is based on Ten (10) grounds which are summarized as thus:-

1. The Hon, Justice Biobelle Georgewill erred in law and acted in violation of section 150 of the Constitution of Sierra Leone, Act No. 6 of 1991, when he proceeded to conduct the commission of Inquiry without the “rules regulating the practice and procedure” of all commissions of Inquiry to be prescribed by the Rules of Court Committee through a constitutional instrument, as provided for under section 1509 aforesaid.

2. The adoption by the Hon, Sir Justice Biobelle Georgewill of the Practice Direction formulated by the three Sole Commissioners of Constitutional Instruments No. 64, 65 and 67 of 2018 is unconstitutional and an improper arrogation and usurpation of the functions reserved for the Rules of Court committee in section 150 of the 1991 Constitution of Sierra Leone, Which provides that “Subject to the provisions of this chapter, the Rules of Court Committee shall_by Constititional_Instrument, make rules regulating the practice and procedure of all Commissions of Inquiry”.

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3. Hon. Sir Justice Biobelle Georgewill erred in Law when he impermissibly acted beyond the scope of his Terms of Reference and purported to find the appellant guilty of a criminal offence when he specifically “found the appellant guilty” for the offence of “failing to declare his assets”, an offence provided for under the Anti-Corruption Act 2008 (as amended) and which is exclusively in the domain of the Commissioner of the Anti-Corruption Commissioner was in no way cloaked with the power to indict, prosecute and find the Appellant herein guilty or any other person of interest for the offence of failing to declare assets as required by the Anti-Corruption Act of 2008 (as Amended).

4. The Sole Commissioner of Commission of Inquiry Constitutional Instrument No. 64 of 2018 erred in Law when he held in volume one (1) of his report that Ministers of Government of which the Appellant was, should bear ultimate responsibility and be held accountable for the affairs and finances of the Ministry they headed.

5. That the Sole Commissioner erred in holding that “in Law once a prima facie case has been made out, personal rebuttal evidence from the persons of interest is mandatory because without it all the allegations purported by prima facie evidence become duly established by the state”.

6. The adverse findings of the Hon, Justice Biobelle Georgewill contained in Chapter Two of Volume One (1) of his report on Commission of Inquiry Constitutional Instrument No, 64 of 2018 dated March 2020 relating to the “Sale of Shares in Sierra Rutile Company (SL) Ltd” are against the weight of the evidence presented. The facts and evidence adduced and available to the Hon, Justice Biobelle Georgewill, sitting as Sole Commissioner during the proceedings of Commission of Inquiry No. 64 did not support his specific

Findings

aA 7. — That the finds and recommendations against the Appellant contained in Volume One (1) of the Hon, Justice Biobelle Georgewill report on Commission of Inquiry Constitutional Instrument No. 64 of 2018 dated March 2020, relating to the Investigation of the activities of the Ministry of Mines

The pages read for this report end here. The judgment continues in the PDF.