Henry Kargbo v Attorney-General and Minister of Justice (CIV APP 75 of 2020) [2022] SLCA 12 (19 December 2022)

COL APP 75/2020 ~ IN THE COURT OF APPEAL OF SIERRA LEONE = IN THE MATTER OF THE PROVISIONS OF SECTIONS 147-149 OF THE CONSTITUTION OF SIERRA LEONE (ACT NO. 6 OF 1991); IN THE MATTER OF THE CONSTITUTIONAL INSTRUMENT NO. 64 OF ‘2018; THE COMMISSION OF INQUIRY (EXAMINATION, INQUIRY AND. INVESTIGATION) NOTICE (1) 2018 IN THE MATTER OF THE FINDINGS OF THE HON. JUSTICE DR. BANKOLE THOMPSON COMMISSION OF INQUIRY DATED MARCH 2020 IN THE MATTER OF THE WHITE PAPER PUBLISHED BY GOVERNMENT DUES ESE MEE COSTES BETWEEN: ATTORNEY-GENERAL AND MINISTER OF JUSTICE. - RESPONDENT GUMA BUILDING LAMINA SANKOH STREET JUDGMENT DELIVERED ON THE 19" DAY OF DECEMBER 2022

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Background

‘The President of Sierrs Leone His Excellency Dr. Julius Maada Bio by . Constitutional Instrument No. 64 of 2018 pursuant to Section 147 of the Constitution of Sierra Leone, Act No. 6 of 1991 set up the Hon, Justice Dr. Bankole Thompson Commission of Inquiry with the said Judge as Chairman and Sole Commissioner. ‘The terms of reference of the Commissions of Inquiry known as COI were laid down in Section 4 of the aforementioned Constitutional Instrument 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 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 ©. To inquire into; and 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 trom November 2007 to April 2018.

4. To-ascertain as to whether the Persons referred to in paragraphs (a)-

i, Maintained a standard of life that which was commensurate to their official emulations ii. Owned or were in control of pecuniary resources. or property disproportionate to their official emoluments or there are evidence of comuption. dishonesty of abuse of office for private beni hy hea s

iii, Collaborated with any person in respect of such corruption, _ dishonesty or abuse of office. . iv. Acted wilfully or complacently in such a manner so as to cause financial loss or damage to the Government, Local Authority or Parastatal, including a Public Corporation v. Acquired directly or indirectly financial or material gains fraudulently, improperly or wilfully to the detriment of the Government, Local Authority or Parastatal, including a Public Corporation, statutory Commission, Body or any University in Sierra Leone. vi, 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. ‘The Sole Commissioner Hon. Justice Dr. Bankole Thompson in the course of the investigation found the Appellant wanton and therefore made adverse findings, recommendations and report against the Appellant herein which were endorsed by the Government White Paper dated and published September 2020. ‘The grounds of appeal are explicitly laid out in grounds 1-5 which are:

1, ‘That the Hon, Justice Dr. Bankole Thompson sitting as Chairman and Sole Commissioner erred in law in making adverse findings and recommendations against the Appellant herein without granting him an opportunity to defend himself, considering that he was not named or listed a a Person of Interest fo the Commission and that is in contravention of the fundamental principle of natural Justice to audi alteram partem.

2. ‘That the Chairman and Sole Commissioner erred in fet and in Law in his

i“ findings and specific recommendations relevant to the Appellant herein as contained in papes 26 to 40 of the Report. ‘specifically at pape 56

paragraphs 1(0) and 24@) and well as at page 5 of the White Paper on the < ~ aid Report, in volume 1.

3, ‘That the adverse findings, conclusions ‘and recommendations of the Chairman and Sole Commissioner against the Appellant as well & the confirmation and endorsement of SAME by the Government White Paper aforementioned didnot support the evidence submitted against the Appellant herein at the said Commission of Inquiry.

4. That for the Appellant herein contends that the adverse findings, conclusions and recommendations of the Commission's Report against him ‘as well as the confirmation and ‘endorsement of same by Government White Paper are similar against the weight of the entire evidence submitted against him.

5. That the Chairman and Sole Commissioner of the Commission could not lawfully have sat as both chairman’ and sole Commissioner of the Commission even if the same was said (0 have done by virtue of Constitutional Instrument No. 64 of 2018, in view of the glaring provision 147 of the Constitution of Sierra Leone, 1991 aforesaid, which was not and has not been since amended by Parliament

itis against the background of the findings, FePOr and recommendations of the sole commissioner herein and the White Paper, that the Appellant being, dissatisfied file a Notice of Appeal herein based on five grounds: which I shall deal with in a chronological manner as canvassed by Counsel,

Ground I

Ground | Counsel for the Appeltant M.P. Fotanaly Esq. argued that the . Appellant was nol a person ‘of interest and that he was not put on notice that he sa wing to fae the Ceansson asset fable AY SST the services of samyer so as to prepare his defence He ase suited that ast witness th s

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