Allie Essa Bangura v Chief Bai Shebora Samno Kappen & Others (SC 4 of 2015) [2015] SLSC 1206 (15 December 2015)

S.C. 4/2015. Noe INTHE SUP )URT OF SIE} EONE * (IN ITS ORIGINAL JURISDICTION) : 0 TITER OF THE {TITUTION OF SIERRA LEONE ACT NO. 6 OF 1991, SECTIONS 35 (2) & 122 & 124 (1) (A) AND IN THE MATTER OF AN ACTION IN REGARD INTERNAL ORGANIZATION AND PROGRAMMES OF THE SLPP CONTRAVENING AND FAILING TO CONFORM TO THE DEMOCRATIC PRINCIPLES CONSISTENT WITH THE PROVISIONS OF THE 1991 CONSTITUTION BETWEEN: PLAINTIFF ALLIE ESSA BANGURA. (SUING ON BEHALF OF HIMSELF AND AS REPRESENTATIVE OP) Dr.Wusu Sannoh, Dr. Bobson Sesay, Chief Brima Keita, Tamba Amara, Joseph Maada Kpulun, Alex M. Musa, Hon, Helen Kuyembeh, Mrs.JsataJ. Kabah, Hariatu H. Turay, SalirNyama, IssaDumbuya, NavoKaikai, Suko Kai-Samba Hajafalikatu Salaam, Fattah Ibrahim, Jaiah M. Koroma, Amb Joe Biell, SulaimanTejanJalloh, Vietor Sheriff, Hon. MemunatuKoroma, Mohamed A. Sandy, Joseph Bob Amara, Sheik UnisaKamara, Rey, Simeon D. Kamara All being persons dissatislied with the conduct off the elections for the National Officers of ‘The SLPP) (C/O Mahereh House, Hill Sloop Drive, Off Regent Road, Hill Station, Freetown). AND CHIEF BAI SHEBORA SOMANO KAPPEN IIL 1" DEFENDANT CHAIRMAN AND LEADER OF THE SLPP 97 OTHER DEFENDANTS 2° TO 27" DEFENDANTS

Coram

The Hon. Mr. Justice V. V. Thomas, Acting Chiet Justice - Presiding The Hon. Mr. Justice N. C. Browne-Marke, JSC. The Hon, Mr. Justice E. E. Roberts, JSC. ‘The Hon. Ms. Justice V. M. Solomon, JSC. ‘The Hon. Mr. Justice P.O. Hamilton, JSC.

COUNSEL: Yada Williams Esq. , M.L. Tarawally Fsq., and Osman Jalloh Esq., for the Plainifls ° Dr. BuBuakei Jabbi, A.Y. Brewah Esq., U.A. Jabbie for the Defendants. JUDGMENT DELIVERED ON THE. 15" DAY OF DECEMBER 2015 HON. MR. JUSTICE V.V, THOMAS - ACTING CHIEF JUSTICE ‘The Plaintiff, by Originating Notice of Motion dated 19" December, 2013 supported by several allidavts, has instituted an action in this Court in its Original Jurisdiction pursuant to sections 35 (2)& 122.& 124 (1) (@) of the Constitution of Sierra Leone, Act No. 6 of 1991 (the Constitution) for certain reliefs (hereinafter referred to as “the action”). He brings this action on behalf of himself and as representative of other members of the Sierra Leone Peoples Party (SLPP), of which he isa member. The provisions of the Constitution pursuant to which the action was instituted state as follows: “35 (2. The internal organization of a political party shall conform to democratic principles and its aims, objectives, purposes and programmes shall ‘not coutravene, or be inconsistent with, any provisions of this constitution”. While Section 122 of the Constitution makes provision for the extent of the Jurisdiction of the Supreme Court and its powers. Section 124 (1) (a) deals specifically with the original jurisdiction of the Court and states that it shall have original jurisdiction to the exclusion of all other courts in all matters relating to the enforcement or interpretation of any provision of the Constitution ‘The Plaintiff has prayed for the following reliefs: “A. A Declaration that the elections held at the annual party Conference 2013 of the SLPP on the 17* day of August 2013 for the election of national Officers of the party more particularly, Chief Bai Shebora Somano Kappen III, the I* Defendant, as Chairman and leader of the SLPP; Dr. Prince Harding, the 2 Defendant, as Deputy Chairman & leader of the SLPP; Sulaiman Banja‘T'gianSic, the 3* Defendant, as National Secretary General of the SLPP; Amb. Alie B Kamara, the 4° Defendant, as Deputy National Secretary General of the SLPP; Dr Abass Bunda, the 5* Defendant, as Regional Chairman of the SLPP Norther Region, Hon. Manso Dumbuya, the 6* Defendant, as Regional Chairman of the SLPP, Westen Area, Hon. Philip Tondonch, the 7* Defendant, as Regional Chairman of the SLPP, Eastern Region, Mrs. Lacrecia L Sheriff, the 8* Defendant, as National Women’s Leader of the SLPP; Fatmata Sawannech, the 9* Defendant, as Deputy National Women’s Leader of the SLPP; Chief Sheku Kondeh, the 10° Defendant, as National Onganizing Secretary of the SLPP; Alhaji Mohamed Fadika, the 11° Defendant, as Deputy National Organizing Secretary of the SLPP; Martha Kanagbo, the 12" Defendant, as of the SLPP; Hon, Tamba Sam, the 14* Defendant, Publicity Secretary of the SLPP; Musa Moigua, the 15" Defendnant, as National Young Generation leader of the SLPP; Joseph ‘T.N. Moody, the 16° Defendant, as National Young Generation Secretary of the SLPP; Christian A. Leigh, the 17° Defendant, as National Trustee of the SLPP Western Area; Hon. Rev. Dr. Princess Baba Jigida, the 18° Defendant , as National Trustee of

the SLPP; Alhaji Yayah Khadara, the 19* Defendant, as National ‘Trustee of the SLPP Southem Region; Hon.Sheku T’ Sankoh, the 20° Defendant, as National ‘Trustee of the SLPP Southem . Region; Mohamed L. Tarawally, the 21° Defendant, as National Trustee of the SLPP Eastern Region; Sah Lamin, the 22° Defendant, as National Trustee of the SLPP Eastem Region; Rtd. : Gen. MS. Tarawvally, the 23* Defendant, as National Trustee for the SLPP Northem Region,

Abu Abu Koroma, the 24° Defendant, as National ‘Trustee of the SLPP Norther Region;

Shick Unisa Kamara, the 25° Defendant, as National Imam of the SLPP; and Bishop

Emmanuel Konneh, the 26" Defendant, as National Chaplin of the SLPP, Hon, Edward

Soloku, the Regional Chairman southern Region and Dr. James Rogers, the National Financial

Secretary were undemocratic, unconstitutional and otherwise improper and therefore null and

void.

B, ‘That this Honourable Court ditects that fresh elections for the said positions for the said positions be conducted by the Independent Electoral Board on a date to be determined by this Cour.

C. That the Independent Electoral Board be ordered to compile and circulate the list of dclegates eligible to vote at the Elections of the National Officers of the party at least 21 days before the date fixed for the said elections.

D. Any further or other relief that this Honourable Court may deem fit and just.

E, That the costs of and/or incidental to this Application be bone by the Defendants jointly and severally

“The alfidavits fied in support of this aetion are as follows:

1. That of the Plaintfl, Allie Essa Bangura sworn to on the 19° December 2013 with several ‘exhibits attached in which alfidavit he deposes that the Sierra Leone People’s Party. (the SLPP) is a registered political party under the provisions of the Political Parties Act. No. 3 of 2002. This Party conducted elections for its national officers during its Annual conference for 2013 in Bo on the 16° and 17* August 2013. ‘The constitution of the party stipulates that these olficers held office for a two-year period. The Plaintiff and those he represents allege in the said alfidavit that both in the preparation for the elections and its conduct the proceedings were fraught wit irregularities, were improper and inconsistent with democratic principles and_ that but for the said irregularities, the outcome of the said elections would have been materially different. “The results of the said elections declared that the Defendants were the persons elected to various national ollices.

2 ‘That of Joe Kallon swom to on the 19* December 2013,

3. ‘That of Dr. Shekou Sesay sworn to on the 19" December 2013,

4. That of Gertrude Karimu (Mrs. sworn to on the 19° December 2013.

5. That of Alimamy Tassoh Dumbuya sworn to on the 19° December 2013.

6. ‘That of Gibril Ange! Koroma sworn to on the 19* December 2013.

7. ‘That of Hindowa Momoh swom to on the 19* December 2013, and who was the chairman of the Independent Electoral Board which conducted the said elections.

8. That of Joe Kallon sworn to on the 28° September 2015, together with several exhibits attached.

‘The Plainiilf filed his Case on the 30° December 2013. . “The Defendants filed their Case on the 9° July, 2015 a long time alter the time limited to do so by the Rules of this Court. “The affidavit in verification of the said Statement of Defendant's ' Case sworn to by the I" Defendant was also fied on the 9 July 2015, In an affidavit sworn to by Dr. Bu-Buakeidabbi, one of the Counsel and Solicitors of the Defendants, on the 18° August 2015, the deponent deposed to the circumstances in which the Statement of the Defendants Case was filed and served alter the date stipulated by the Rules of the Court. In the Statement of their case, the Defendants assert that the said election of national officers ofthe SLPP impugned by the Plainils in the action *was conducted perfectly democratically and in regular compliance and consistency with the relevant provisions” of the 1991 Constitution, the Political Parties Act, 2002 and the Constitution of the SLPP 1995 as amended and published. In paragraph 4 of the Defendants’ Statement of Case they assert thatthe entire election process and proceedings are recorded in DVD cassettes which are exhibited as Exh. AAT and Exh. AQ in the verifying allidavit, in support of the contention that the said election was perfectly proper and valid and of no constitutional defect whatsoever. In exhibit BB to the said affidavit is exhibited the report of the Political Parties Registration Commission (PPRC on the said election which is signed by the chairman of the Commission. I have found this report very helpful in coming to the conclusions I have reached in this aetion. While it may be true to say the Exhibits AAI and AA2 do not disclose a chaotic atmosphere during the election process, the preparation for the election by way of the compilation of the Delegates List by the Party’s Secretariat and the opportunity 10 verify the accuracy of that List are factors to be taken into consideration in determining whether the election was undemocratic and unconstitutional. Section 35 (2) of the 1991 National Constitution states inter alia that the internal organization of a political party must conform to democratic principles. “The internal onganization of a political party such as the SLPP must ensure that its national oflicers are elected by persons who are the true representatives of party members. T have had the opportunity of gegtling in drali form the opinion of Roberts JSC and 1 am in broad agreement with it, but ATs ks eine olscvaboas ing ones WW Gamiaeesd ‘opinion that the irregularities in the process from the preparation for the election and its conduct in August 2013 demonstrate that it was not conducted consistently with democratic principles. One irregularity in the preparation for and conduct of the election which has stood out in my evaluation of the evidence before the Court is the non-compliance with the Rules and Regulations promulgated by the Independent Electoral Board (IEB), in particular rule 6 of the Regulations for voting, as shown in Exhibit Fin the Plaini’salfidavtin support of the ONM. That rule states as follows: “6. Each aspirant will have access to the delegate lst that will be used to ascertain ‘persons whether those coming lorvard for voting are the persons whose names appear con the list” In my view the purpose of this rule was to give a genuine opportunity to the aspirants to determine whether the right persons voted at the election. In paragraph 28. of the Plaintit’s said allidavit, he avers as follows:

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