Dr. Sorie Kennedy Conteh & ORS And The Minister of Local Government and Community Development & ORS (MISC SC 78 of 2006) [2006] SLSC 6 (10 November 2006)

Asm Es 7 a INTHE SUPREME COURT OF SIERRA LEONE I (ORIGINAL JURISDICTION) IN-THE MATTER OF SECTION 124(1) AND SECTION 127(1 OF THE CONSTITUTION OF SIERRA LEONE ACT NO.6 OF 1991 ‘AND a IN THE MATTER OF THE ELECTION FOR THE OFFICE OF PARAMOUNT CHIEF OF BIRIWA CHIEFDOM, BOMBALI DISTRICT IN THE NORTHERN PROVINCE OF THE REPUBLIC OF SIERRA LEONE, HELD ON THE 42™ AUGUST 2006 BETWEEN:

(1) DR. SORIE KENNEDY CONTEH

(2) ALBERT CONTEH

(3) PRINCE AMADU KALAWA

(4) SALIFU MANNAH KALAWA

(5) ALHAJI KINGKOMA CONTEH

(6) FODAY BABA CONTEH > PLAINTIFFS AND ee

(1) THE MINISTER OF LOCAL GOVERNMENT AND COMMUNITY DEVELOPMENT - 1°" DEFENDANT

(2) THE PROVINCIAL SECRETARY, NORTHERN PROVINCE = 2"° DEFENDANT

(3) DR. ISSA M, SHERIFF - 3° DEFENDANT 22C EAST BROOK STREET FREETOWN.

(4) THE ATTORNEY-GENERAL AND MINISTER OF JUSTICE - 4™ DEFENDANT

(5) THE NATIONAL ELECTORAL | COMMISSION - 8™ DEFENDANT CORAM: { HON. JUSTICE A.R.D. RENNER-THOMAS - CHIEF JUSTICE HON. JUSTICE SIR JOHN MURIA = 48.6. HON. MRS. JUSTICE V.A.D. WRIGHT 5 USC. HON. JUSTICE MR. M.E.T. THOMPSON = - = (J.S.C. , HON. MS. JUSTICE U.H. TEJANJALLOH = JA. J.B. JENKINS- JOHNSTON ESQ. FOR THE PLAINTIFF

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‘ F.M, CAREW ESQ, Attorney-General, OSMAN KANU Esq and ALIMAMY i SESAY Esq. for the Defendants be JUDGMENT DELIVERED THE [0 DAY OF NOVEMBER, 2008. : RENNER-THOMAS, C.J. This is an action commenced by an Originating Notice of Motion dated 14" September, 2006 invoking the original jurisdiction of the Supreme Court of Sierra Leone pursuant to Sections 124(1) and 127(1) of the Constitution, Act. No.6 of 1991. The reliefs claimed by the Plaintifs are the following:-

| “(1) A Declaration that any Election for the Office of Paramount Chief as provided for in Section 72(5) of the Constitution, IS A PUBLIC ELECTION, the conduct and supervision of which is the responsibility of the 5” Defendant herein, as provided by Section 33 of the said Constitution of Sierra Leone. |

(2) A Declaration that the Election for the Office of Paramount Chief of BIRIWA CHIEFDOM, Bombali District in the Norther Province of the Republic of Sierra Leone conducted by the 1% and 2” Defendants on the 12” August 2006 as a result of which the 3 Defendant was purportedly declared to be Elected as the PARAMOUNT CHIEF of BIRIWA CHIEFDOM was conducted in contravention of Section 72(5) and Section 33 of the Constitution of Sierra Leone, and is therefore INVALID, NULL AND VOID.

(3) Consequent upon (2) above, FOR A Declaration that the Office of Paramount Chief of BIRIWA Chiefdom, Bombali District, in the Northern Province of Sierra Leone IS VACANT. (4) () A Declaration that by Native Law and Custom and by i tradition, any person who does not belong to a Ruling House is not eligible to contest for and be elected as Paramount ] Chief of any Chiefdom in Sierra Leone. (i) A Declaration that DR. ISSA_M. SHERIFF not being a member of any of the Four(4) Established Ruling Houses of BIRIWA Chiefdom, Bombali District, Northem Province of Sierra Leone is not eligible to contest for the Office of “ Paramount Chief of the said BIRIWA Chiefdom.

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(8) For An Order that an Election to the office of Paramount Chief of BIRIWA Chiefdom, Bombali District in the Norther Province of the Republic of Sierra Leone shall be conducted and supervised by the 5" Defendant in accordance with Section 33 of the Constitution of Sierra Leone on a date to be determined by the 5” Defendant herein.

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(8) For Any Further or other Orders or directions as may be considered giving effect to, or enabling effect to be given fo the declarations and orders heretofore made.

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(7) That the Costs of this Action shall be paid by the 1%, 2" and 3” Defendants, such Costs to be taxed.”

In addition to the affidavit of Dr. Sorie Kennedy Conteh, the first Plaintiff herein,

| sworn to on the 14" day of September, 2006 and filed together with the

| Originating Notice of Motion Counsel for the Plaintiff was given leave by the Court to rely also on the joint affidavit of the second to sixth Plaintiffs inclusive ‘sworn to on the 6” day of October 2006 and filed herein.

| On the 29" day of September 2006 the Statement of the Plaintiffs Case was filed together with the affidavit as required by Rule 90 (2) of the Rules of the Supreme Court, Constitutional Instrument No.1 of 1982. On the 10” day of October 2006, Osman Kanu, State Counsel as Solicitor for all the five Defendants herein filed a

} Statement of the Defendants case accompanied by the requisite afidavit pursuant to Rule 92 (2) of the said Rules of the Supreme Court.

Hl A date was fixed for the hearing and arguments commenced on the 19" day of October 2006 and were concluded on the 20" day of October 2006. Though both the Plaintiffs and the Defendants did give an indication that they might be calling witnesses at the hearing no such witnesses were called.

Put briefly, the case for the Plaintiffs, as | understand it; is

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(5) For An Order that an Election to the office of Paramount Chief of i BIRIWA Chiefdom, Bombali District in the Northem Province of the Republic of Sierra Leone shail be conducted and supervised by the 5" Defendant in accordance with Section 33 of the Constitution of Sierra Leone on a date to be determined by the 5" Defendant herein. ¥

(8) For Any Further or other Orders or directions as may be considered giving effect to, or enabling effect to be given to the declarations and orders heretofore made.

(7) That the Costs of this Action shall be paid by the 1%, 2" and 3% | Defendants, such Costs to be taxed.” | In addition to the affidavit of Dr. Sorie Kennedy Conteh, the first Plaintiff herein, | swom to on the 14" day of September, 2006 and filed together with the Originating Notice of Motion Counsel for the Plaintiff was given leave by the Court to rely also on the joint affidavit of the second to sixth Plaintiffs inclusive ‘sworn to on the 6” day of October 2006 and filed herein.

: On the 29" day of September 2006 the Statement of the Plaintiffs Case was filed together with the affidavit as required by Rule 90 (2) of the Rules of the Supreme Court, Constitutional Instrument No.1 of 1982. On the 10" day of October 2006, Osman Kanu, State Counsel as Solicitor for all the five Defendants herein filed a Statement of the Defendants case accompanied by the requisite affidavit pursuant to Rule 92 (2) of the said Rules of the Supreme Court. A date was fixed for the hearing and arguments commenced on the 19" day of } October 2006 and were concluded on the 20" day of October 2006. Though both the Plaintiffs and the Defendants did give an indication that they might be calling witnesses at the hearing no such witnesses were called. Put briefly, the case for the Plaintiffs, as | understand it; is

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