Alhaji I. Kemoh Sesay v The Attorney-General & Minister of Justice (COI 32/2020) [2025] SLCA 10 (26 February 2025)

s F a OF App

COT.APP.NO.32/2020 Voend Sasi,

v\ pare 2a-2eg™ | + le IN THE COURT OF APPEAL OF STERRALEONE — “FF sjipan IN THE MATTER OF THE CONSTITUTION OF SIERRA LEONE AC" 10.6 OF 1991, SECTIONS 147 -150 AND: IN THE MATTER OF THE CONSTITUTION OF SIERRA LEONE ACT NO.6 OF 1991, SECTION 21 ‘AND IN THE MATTER OF CONSTITUTIONAL INSTRUMENT NO.67 OF 2018, (HON, JUSTICE W.A, ATUGUBA COMMISSION OF INQUIRY)

BETWEEN:

ALHAJI IBRAHIM KEMOH SESAY. - APPELLANT

No.2 Sesay Court

Off Regent Road

Hill Station

Freetown

AND

The Attorney-General and Minister of Justice - RESPONDENT

Guma Building

Lamina Sankoh Street

Freetown.

Coram

Hon. Mr. Justice Komba Kamanda - Chief Justice - (Presiding)

Hon, Mrs. Justice Fatmatta Bintu Alhadi JA

Hon. Mrs. Justice Tonia Barnett JA

ADVOCATES:

IM. Nicol-Wilson Esq &

L. Dumbuya Esq - for the Appellant

M.P. Bangura Esq

T.J. Freeman Esq &

‘A. Lansana Esq - for the Respondent Final COl Judgment on Alhaji brahim Kemoh Sesay by Hon. Chief Justice Kamanda and 1 Justices Athadi, Barnett JA 26” February 2025

JUDGMENT DELIVERED ON THIS 26" DAY OF FEBRUARY 2025

1, Alhadi J A: On the 19th day of October 2020, a Notice of Appeal was filed by the Appellant on five (5) grounds of appeal. Synopsises were filed by both parties and on the 14th of December 2022 an oral hearing was held, Before I state the grounds of appeal, let me enumerate a brief fact of the case.

BRIEF FACTS

2. The President of the Republic of Sierra Leone set up The Justice William A. Atuguba Commission of Inquiry with the said Judge as Chairman and sole Commissioner by virtue of section 147 of the Constitution of Sierra Leone Act No.6 of 1991, Pursuant to section 149(4) of the 1991 Constitution, the President appointed the Judge as Sole Commissioner of a Commission of Inquiry by virtue of Constitutional Instrument No.67 (COT CI NO67).

3. The Commissioner's Terms of Reference was in accordance with section 4 of the said Constitutional Instrument. The commission investigated whether persons who were in control of government resources did willfully, dishonestly, complacently, and/or abuse their offices for private benefits that caused financial loss or damage to the government and people of Sierra Leone either by their actions or inactions. Volume one (1) of the Judge's report and the corresponding government white paper contained adverse finding and recommendations touching and concerning the. Appellant during his tenure in office as Minister of Works, Housing, and Infrastructure, Minister of Political and Public Affairs and Minister of Transport and Aviation from 2007 - 2018.

4. The investigation further proceeded to ascertain whether these persons of Interest directly, financial and material gains, fraudulently and/or improperly to the detriment of the government of Sierra Leone. Upon completion of the investigation, a report was provided in section 149 of the 1991 Constitution of Sierra Leone to the President of Sierra Leone and published together with the Government White Pape.

Final COI Judgment on Athaji Ibrahim Kemoh Sesay by Hon. Chief Justice Kamanda and 2 Justices Alhadi, Barnett JA 26" February 2025,

OF Paes ' ey cag Findings and Recommendations of the Commissioner Yor gx WN pate ey 5.Fraudulent compensation of land: Ser ay The Appellant's conveyance numbered 17/2014 appearing at volume 122 page 85 of the Registrar - General's records that the land was granted and conveyed to the Appellant as compensation for his demolished building on a land situate at Regent Road, Regent Hill Station,

6. The report discountenanced the legitimacy of the Appellant's tittle to the land and that the Appellant voluntarily chose to do the demolition himself to save his tons of iron rods involved in the construction of the property.

It was reported that this amounts to an act of trespass by the Appellant.

7. The report stated that the said land on which the demolished structure of the Appellant stood belongs to the Ministry of Education and that the then Director of Lands and Surveys brought it to the attention of the then Minister who undertook to take up the matter with the former President to ensure its demolition,

8. The Director also stated when he signed the site plan of the Appellant, he did not know that the said land belonged to the Ministry of Education. The report notes that the Appellant has no evidence of tittle to the land, and none was referred to in the Recitals as root of tittle of the property that was allegedly surrendered to the state.

9. The report also noted an impropriety of the transaction for the procurement of the said land. That there was undue pressure on the state official who had to have the grant of the said land processed. The Commissioner found that the Conveyance of the land was a fraudulent act of compensation for the land therein recited as belonging to the Appellant.

He also found that the Appellant sold the two portions of state land granted and conveyed to him aforesaid for USD75,000 and USD60,000 each.

10. The report further noted that the former President had abused his of fice by ordering the grant of the land to the Appellant as compensation for his demolished building. The Commissioner opined that the right to compensation is to bona fide owners of land appropriated by the state, but not to trespassers or squatters like the Appellant.

Final COI Judgment on Athaji brahim Kemoh Sesay by Hon. Chief Justice Kamanda and 3 Justices Alhadi, Barnett JA 26" February 2025

11, The Sole Commissioner thereon recommended that the Appellant refund the state the total amount of UDS 135,000 he realized from the fraudulent grant to him of the said land.

Commerce and Mortgage Bank:

12, The Appellant and other Persons of Interest were charged with overbloated purchase prices of land. The Appellant, among other accused persons in respect of the land at Songo- Mokoyama Village, received Le.200 rnillion (old leones). Other unknown persons are said to have unjustifiably received various payments of the said amount, The Sole Commissioner in his recommendation mentioned that it is not clear whether the purported purchase prices were over bloated but that the vendors for the said properties had merely been defrauded.

13.He recommended that the said amount involved be recovered from the persons involved and paid to the vendors and/or to the state. In the alternative, that the Attorney General takes appropriate legal action against those who perpetrated the fraud in these land transactions.

Real properties

14.The Appellant, formerly being Minister of Works and Public Assets, Minister of Political and Public affairs, and Minister of Transport and Aviation between 2007 - 2018, constructed a house at Bintumani Ring Road, Aberdeen, Freetown valued at Le.29,900,000,000(old leones) acquired for his daughter - Miss Zuada K. Sesay.

15, The Appellant argues that the construction of the said house was financed from a loan of Le.250,000,000.00 by the Sierra Leone Commercial Bank in 2017, a loan from $100,000.00 by the HFC bank in 2011, and from a family business yielding over $12,000 per annurn.

16. The Appellant relies on his earnings during his various tenure of offices between 1996 - 2007. The Sole Commissioner found that the Appellant did not give an idea of the total amounts of these varied sources which went into the acquisition of this property.

17. Further, the Appellant also constructed a house at No.19 Wharf Road, Port Loko valued at Le.6,040,000,000. He did not deny ownership of the

Final COI Judgment on Athaji Ibrahim Kemoh Sesay by Hon. Chief Justice Kamanda and 4 Justices Alhadi, Barnett JJA 26" February 2025

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