Finda D. Konomanyi v Attorney-General & Minister of Justice (CIV APP 11 of 2020) [2021] SLCA 26 (31 May 2021)

* co. app. 11/2020 2020 IN THE COURT OF APPEAL OF SIERRA LEONE IN THE MATIER OF THE CONSTITUTION OF SIERRA LEONE 1991 (ACT NO. & OF 1991) > CHAPTER IX (COMM! RY) SECTIONS 147-150 (INCLUSIVE) AND INTHE MATTER OF CONSTITUTIONAL INSTRUMENT NO. 64 OF 2018 THE COMMISSION OF INQUIRY (EXAMINATION, INQUIRY AND INVESTIGATION) NOTICE (1) 2018 (JUSTICE BIOBELE GEORGEWILL COMMISSION OF INQUIRY) BETWEEN: FINDA DIANA KONOMANYI ~ APPELLANT 1A Albert Levay Drive First Pump Junction Adonkia, Goderich Freetown AND THE ATTORNEY-GENERAL & MINISTER OF JUSTICE ~ RESPONDENT Chambers of the Attorney-General Law Officers' Deparment 3 Floor, Guma Building Lamina Sankoh Street Freetown.

Coram

Hon. Ms. Justice Fatmatta Bintu Alhadi JA. (Presiding) Hon. Mr. Komba Kamanda JA Hon. Mrs. Tonia Barnet! JA a HEARING: 15" March 2021 JUDGMENT: Sites Berl Advocates Ibrahim Sorie Esc Appellant

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(st : DISSENTING JUDGMENT DELIVERED THIS. DAY OF 2021 Alhadi JA: On the 14" day of October 2020 a Notice of Appeal was filed by the Appellant on nine (9) ground: of appeal as follows:

* 1 That the Learned Judge/Sole Commissioner, Honourable Sir Justice Biobele Georgewill (Sole Commissioner) misdirected himself and erred in law by acting as a court of law and convicting the Appellant for the offence of failure to declare assets pursuant to section 119 of the Anti-

orruption Act of 2008 as amended and thereafter proceeding to sentence the Appellant to a term of imprisonment or payment of a fine pursuant to section 122 of the Anti-Corruption Act 2008 as amended in violation of the Constitution of Sierra Leone (Act No, 6) of 1991, The Anti- Corruption Act of 2008 (as amended), the principles of natural justice and jin excess of the Terms of Reference (TOR) of the Commission of Inquiry {C.1. No. 64).

2. That the Learned Judge/Sole Commissioner failed to adequately consider all the evidence adduced at the proceedings in coming to his decision in recommending that the Appellant's property situate lying and being at Adonkia in the Western Area of the Republic of Sierra Leone be forfeited to the State and more particularly relied on the evidence of a patently discredited valuation and an incompetent witness.

3. The Learned Judge/Sole Commissioner erred in law and in fact by failing to make a distinction between a sole proprietorship and limited liability company and treated the Appellant's numerous businesses registered as Sole Proprietorship as if there were limited liability companies, thereby wrongly excluding the earnings and income of these entities from the legitimate sources of income of the Appellant.

4 That the Learned Judge/Sole Commissioner erred in law and in fact in Holding that the evidence adduced by the State went largely unchallenged and that unchallenged evidence is good evidence.

5 That the Learned Judge/Sole Commissioner demonstrated considerable: bias in his judgment and displayed a contemptuous and hostile atfitude towards Persons of Interest including the Appellant and as such failed to

discharge the responsibilities of a full, faithful and impartial inquiry as required by the Constitution of Sierra Leone. ‘ 6 Thal the Leamed Judge/Soie Commissioner erred and misapplied the: tow

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is in his ruling of 14% February 2019, when he held that the Commission of Inquiry had the jurisdiction to proceed with the hearing and investigation of Persons of Interest notwithstanding the lack of rules regulating the practice and procedure of Commissions of inaviiy as required by Section 150 of the 199: Constitution of Sierra Leone.

7. The adoption by the Learned Judge/Sole Commissioner of the Practice Direction formulated by the three Sole Commissioners of Constitutional Instruments No. 4, No. 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. 8 That the Lecmed Judge/Sole Commissioner erred in law by exceeding his Jurisdiction and venturing into the arena of a cour! of criminal jurisdiction when he concluded in his findings that the Appeliant was: (i) indicted; (ii) involved in gross abuse of office considering that the laws of Sierra Leone create a specific offence of abuse of office pursuant to the Anfi- Corruption Act 2008 as amended; and ii) indicted for “Abuse of Public Trust." Moreover, the weight of evidence does not support the Leamed Judge/Sole Commissioner's findings that the Appellant was involved in gross abuse of office or abuse of Public Trust and failed to provide leadership and supervision at the Ministry of Lands, Housing and Couniry Planning.

9. The Judgment/findings/Recommendations of the Leaméd Judge/Sole Commissioner is against the weight of evidence. A directions hearing was held on the 22° day of February 2021; and the appeal was heard on the 15" day of March 2021.

Background

Pursuant fo Section 147 of the Constitution of Siena Leone Act No. 6 of 1991, the President of the Republic of Sierra Leone, His Excellency Julius Maada Bio, by Constitutional Instrument No. 64 of 2018 set up the Justice Biobele Georgewill ‘Commission of Inquiry with the said Judge as Chairman and Sole Commissioner; in order to investigate widespread allegations of corruption against the immediate past Government from November 2007 ~ April 2018. The Terms of Reference of the Commission of inquiry (hereinafter called the CO!) * were: Appeal alCOT Fils Dana Konomanyiv Attorney General ge

? 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 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 C. To inquire into: i. Persons who were President, Vice Presidents, Ministers, Ministers of State and Depuly Ministers ji. Heads of Parastatals, Depariments 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 ii. Owned or were in control of pecuniary resources or property disproportionate to their official emoluments or there are evidence of coruption, 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 manner so as to cause financial loss or damage to the Government, Local Authority or Porastatal, including @ Public Corporation ve Acquired directly or indirectly financial or material gains fraudulently, improperly or willfully 10 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 Jime be referred to the Commission by His Excellency, the President. Being dissatisfied with the adverse findings agains! her contained in the said Report, which by virtue of Section 149 (4) of the Constitution of Siera Leone Act No. 6 of 1991 is deemed to be a judgment of the High Court, the Appellant filed ‘an appeal fo the Court of Appeal,

Appeal of COl Finda Diana Konamany v Atorey General age 4

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