Dr. Ernest Bai Koroma v Attorney-General & Minister of Justice (CIV.APPEAL No 9/2020) [2023] SLCA 4 (14 December 2023)

. CIV. APPEAL NO. 9/2020 'T OF APPEAL OF SIERRA LEONE INTHE MATTER OF THE CONSTITUTION OF SIERRA LEONE ACT NO. 6 OF 1991, SECTION 48

(4) AND IE MATTER OF THE CONSTITUTION OF SIE 991,81 $3)2)

AND INTHE MATTER OF THE CONSTITUTION OF SIERRA EONE ACT NO.6 OF 1991, SECTIONS 108 (7), 1240\Ka) AND IN THE MATTER OF THE CONSTITUTION OFSIERRA LEONE ACT NO. 6 OF 1991, SECTIONS 147-150,

AND, ER OFT UMENT NO. 64 OF 2018 (HON, JUST ‘COMMISSION OF i <tou BETWEEN: LES a” Pipi or emasraalKoroMa —*S/° CARATS Appotont RO-BURREH HOUSE “Loge | E TEKO. Wa 495-81) MAKENI CITY. qe SM \S5. 1 Sherpa AND aris: ‘ATTORNEY-GENERAL & MINISTER OF JUSTICE ~ Respondent LAW OFFICERS’ DEPARTMENT GUMA BUILDING LAMINA SANKOH STREET FREETOWN

Coram

Hon. Ms. Justice Fatmatta Bintu Alhodi JA. + Presiding Hon. Mr. Justice Komba Kamanda 1A. Hon. Mrs. Tonia Bomett J.A ‘Counsel for the Appellant Joseph F. Kamara Esq. Africanus S. Sesay E39, Brima Koroma Esq. Ibrahim |. Mansoray Esq Ady Macauley Esq COI Judgment in Or €.8. Koroma v Att-Gen and Min. of Justice Civ. App. No. 9/2020. Panelof Hon. 1 Mrs Justice F.Bintu Alhadi,.A. (Presiding), Hon. Mr. Justice Komba Kamanda JA. and Hon. Mrs Justice Tonia Barnett JA.

‘Counsel for the Respondent RB. Kowa Esq, A. Suwu-Kendoh (Mrs). MP. Bangura Esq, T. J. Freeman Esa, P. Wiliams Esq.

MENT DELIVERED MS De 2023

IDGMEI THIS DAY OF Decemibe!

ALHADI J.A.: On the 13th doy of October 2020, a Notice of Appeal was filed by the ‘Appellant on 7 Grounds. The background to this appeal is thus:

Background

1. A. Commission of inquiy was established by Constitutional Instrument No. 67 of 2018 pursuant fo the appointment of the Chairman and Sole Commissioner by the President of Sierra Leone to investigate allegations of comuption against the immediate past Government from November 2007- April 2018.

2. The President instituted the Commissions of Inquiry to carry out thorough. independent, fair and impartial investigations into the allegations of corruption and abuse of public office and to make relevant findings and. proffer appropriate recommendations to the Government of Sierta Leone for its considerations.

3. The Chairman's Terms of Reference of the Commission as provided for in Section 4 (a) fo le} of the said Consftutional instrument were thus:

‘A. To examine the assets and other related matters in respect of i. Persons who were President, Vice Presidents, Ministers, Ministers of State,

Deputy Ministers: and i. Heads and Chairmen of Boards of Parastatals, Departments and Agencies within the period from November 2007 to Apri 2018

8. Toinguite into and investigate whether assets were acquired lowtully or uniawtuly.

C. Toinguie into:

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1. Persons who were President, Vice Presidents, Ministers, Ministers of State and Deputy Ministers i, Heads of Porastatals, Departments and Agencies D. To ascertain as to whether the Persons referred to in paragraphs (a)-(c}: i. Maintained a standard of life above that which was commensurate to their official emoluments. COI Judgment in Dr. £8. Koroma v Att-Gen and Min. of Justice Civ. App. No. 9/2020. Panelof Hon. 2 Mrs Justice F. Bintu Alhai JA. (Presiding), Hon. Mr.Justice Komba Kamanda.A.and Hon. Mrs. ~~ ustice Tonia Barnett. Oe

= i, Owned or were in control of pecuniary resources or property disproportionate

to their official emoluments or there are evidence of corruption, dishonesty, or ‘abuse of office for private benef! by them

iii, Collaborated with any person in respect of such corruption, dishonesty, or ~ abuse of office

jv. Acted wilfully or complacently in such manner so as to cause financial loss or damage fo the Government, Local Authority or Parastatal, including a Public Corporation

v. Acquired directly or indirectly financial or material gains fraudulently, improperly or wilfully fo the detriment of the Government, Local Authority or a Parastatal, including a Public Corporation, Statutory Commission, Body or any University in Sierra Leone

E. 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.

4. The Sole Commissioner, the Hon. Justice Biobele Georgewil, ofter the asset investigation of individuals then referred to as persons of interest; as stated in Section 4.la} - (c) of the soid Constitutional instrument No 64 of 2018 including the Appetiont, reduced his findings into a report and submitted same to His Excellency the President os required by Section 149 (21 of the 1991 Constitution on 25 March 2020. The President in fulfilment of the obligations imposed by Section 149 (3) of the 1991 Constitution published the CO! Cl No, 64 Report together with a Government White Paper dated September 2020.

5. Inthe Report of the Hon. Justice Biobelle Georgewill, reached adverse findings against the Appellant herein, Or. Emest Bai Koroma, when he dealt with matters folowing:

i Whether the former President Dr. Einest Bai Koroma, abused his office by

making payment of terminal benefits fo staff of the Petroleum Directorate. The Particulars of the adverse findings are that: “The following persons shall jointly and severally refund and pay into the Consolidated Revenue Fund of the Government of Sierra Leone the sum of Le 70,294,264,...hat had remained unaccounted for as monies not transferred to the Single Treasury Account in 2017 and monies paid out illegally as terminal benefits to staff whilst stilin the service of the Petroleum Directorate: i. HE. Dr. Emest Bai Koroma........:" (Chapter 9.6 paragraph 1)

CO! Judgment in Dr. E.8. Koroma v Att-Gen and Min. of Justice Civ. App. No. 9/2020. Panel of Hon. 3

‘Mrs Justice F. Bintu Alhadi J.A. (Presiding), Hon. Mr. Justice Komba Kamanda J.A. and Hon. Mrs.

Justice Tonia Barnett JA

ji, Whether Dr. Emest Bai Koroma, former President of the Republic of Sierra Leone, by granting approval Re: US$ 3 Millon United States Dollars Ministy of Finance Loan for the procurement of Election materials. The particulars of the adverse findings ore that “The following persons shall jointly and severally refund and pay into the Consolidated Revenue Fund of the Goverment of Sierra Leone the sum of US$ 3,000,000 (Three Milion US Dollars) that had remained not refunded as monies given out ilegally as loan by the Petroleum Directorate through the Ministry of Finance to SMRT Co. Lid for supply of Biometrics Machines: i H.E. Dr. Ernest Bai Koroma...." (Chapter 9.6 poragraph 4)

ji, Whether Dr. Emest Bai Koroma, former President of the Republic of Sierra Leone, by granting approval for the securing of a loan of US$14 Million as Recapitalsation for the Sierra Leone Rokel Commercial Bank. The porticulars of the adverse findings are that: “The following persons shall jointly and severally refund and pay into the Consolidated Revenue Fund of the Government of Sierra Leone the sum of USS 12,263,821.00 tha! had remained not refunded as monies given out ilegaly as oan by the Petroleum Directorate through the National Commission for Privatisation to Rokel Commercial Bank: i H.E. Dr. mest Bai Koroma.” (Chapter 9.6 paragraph 5}.

6. All amount due and recommended to be refunded shall be refunded and paid into the Consolidated Revenue Fund of the Government of Sierra Leone within 30 days from the date of the ratification of the recommendation by the Government of Sierra Leone.

7. The Appellant being dissatisfied with the adverse findings against him contained in the soid Report which by virlue of Section 149 (4) of the Constitution of Siera Leone (Act No. 61 1991 is deemed 10 be a judgment of the High Court for purposes of the Constitution, fled this appeal to the Court of Appeal.

GROUND 1.

i) The Hon. Justice Biobele Georgewil ered in law when he foiled to consider ‘ond opply the Head of State immunity clouse as provided under Section 48(4) of the Constitution of Sierra Leone. Section 48(4) of the Constitution provides while any person holds or performs the function of the office of President, no ‘Givl oF criminal proceeding shall be insiituied or continued against him in respect of anything done or omitted to be done by him either in his official or private capacity".

CO! Judgment in Dr. €.B. Koroma v Att-Gen and Min. of Justice Civ. App. No. 9/2020. Panel of Hon. 4 [Mrs Justice F. Bintu Alhadi JA. (Presiding), Hon. Mr. Justice Komba Kamanda JA. and Hon. Mrs. Waste Tonia Barnett JA. —— ~

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