Ibrahim Sorie v General Legal Council (SC 6 of 2019) [2020] SLSC 8 (2 November 2020)

SC. NO. 6/2019 iN THE SUPREME COURT OF SIERRA LEONE iN THE MATTER OF THE CONSTITUTION CF SIERRA LEONE 199! SECTION $4. 42.1. 124. 12713513) § 136(4) iN THE MATTER OF THE: fi, ORACTITIONEFS 407 NO. 15 OF 2000 IN THE MATTER OF THE ANTI CORRUPTION ACT NO. 12 OF 2008 IN THE MATTE 8 OF THE NOTARIES PUBLI ACT CHAPTER 13 OF Tl £ LAWS OF SIERRA & FONE 1950 IN THE MATTER 3% AN ACTION PURSUANT. 7O THE SUPREME COURT RULES 1982 PART <vL_RULES 59-93 STATUTORY INSTRUMENTS NO. 1 OF 1382

INTHE MATTER FAN ACTION PURSUANT TO ORDER 3 RUL = OF THE HIGH COURT RULES CONSTITUTIONA |. INSTRUMENT NO. 3 OF 2007

Between: IBRAHIM SORIE = 30. - Plaintitf/ pphcart

And GENERAL LEGAL COUNCIL - Defenciar tsRespondents

Coram

HON. MR. JUSTICE ALLAN

8. HALLOWAY - Js

HON. MR JUSTICE ALUSINI: £. SESAY + JSC

HON. MR. JUSTICE MANGA / > DEEN-TARAWAL_/ JSC

HON. MR. JUSTICE M. SENGL KOROMA - JSC

HON. MS. JUSTICE MIATTA M SAMBA JA

Counsel

1, SOME ESQ. Plaintiif/Applican 1 ourson &

#. SORIE MRS. for the Plant Tsnpan ant

O. 0 MLOM ESQ. OAS, MAIR AH ESQ Sot Danis spe

RULING/JUDGEMENT . Delivered this 21. day of tbe 2020 The application herein, made by IBRAHIM SORIE, the Plaintiff/Applicant-in- Person by way of an Originating Notice of Motion dated 30" May 2019, seeks the interpretation of Sections 135(3) and 135(4) of the CONSTITUTION OF SIERRA LEONE 1991 and the LEGAL PRACTITIONERS ACT 2000 as amended, by determining whether or not the stated position of the GENERAL LEGAL COUNCIL, the Defendants/Respondents herein, expressed in a Notice dated the 18" December 2018, construing and interpreting the CONSTITUTION OF SIERRA LEONE 1991 and the LEGAL PRACTITIONERS ACT 2000 as amended, to mean that a Legal Practitioner shatl only be qualified to act or sere as a Pupil Master, if such Legal Practitioner has been admitied and enrolled as a Legal Practitioner, for a period of at least Ten (10) years after his/her name has been entered into the Roll of Court/Permanent Register is correct ? Ifthe answer to the question aforesaid is in the affirmative, the application secks the determination whether it could be said that to be qualified to be appointed a Judge of the Superior Courts of Judicature, the constitutionally required periods should be computed from year of signing the Permanent Register, rather than year of calll and whether it could be said that failure to be admitted and enrolled into the Roll of Court/Permanent Register disqualifies one from being appointed a Judge of the Superior Courts of Judicature? On the other hand if the answer to the first question above is in the negative, the application herein seoks the determination whether the Plaintiff/Applicant herein, a Legal Practitione: having been Called to the Bar since 4° October 2000 ie atintnta tn a , maswel pursuant to the LEGAL PRACTITIONERS ACT 2000 ? The application herein seeks the determination of tine question, whether the requirements to be eligible to be elected to the GENERAL LEGAL COUNCIL the Defendants/Respondents herein, are ‘pari materia’ and in principle, sitnitar ‘0 the requirements to be appointed a Judge of the High Court or a Judge of the Court of Appeal and if the answer to the said question is in the affirmative. is the PlaintiffAppiicant herein, being a Legal Practitioner having been called to the Bar since 4" October 2000, eligible to be elected to the GENERAL LEGAL COUNCIL, the Defendants/Respondents herein, in the fifteen (15) year and above category pursuant to the LEGAL PRACTITIONERS ACT 2000 ?

. The application herein, further seeks the determination of whether the Defendants/Respondents’ interpretation of the provisions of Sections 135(3) and 135(4) of the CONSTITUTION aforesaid and the LEGAL PRACTITIONERS ACT 2000, discloses and produce an unreasonable, unfair, unjust, confusing and absurd result in its application, seeks the determination of whether the Defendants/Respondents over a long period of time having consistently interpreted, construed and applied standing to be computed from date of call can now change the generally accepted understanding of how Standing is computed, seeks the determination of whether the Defendants/Respondents having previously regarded the Plaintiff/Applicant as being eligible to serve as Pupil Master from 2014 to 2018 can now determine that the Plaintiff/Applicant is no longer eligible to do so, without him being disbarred or suspended from practice, seeks the determination of whether the Plaintiff/Applicant having been appointed as Notary Public by the HON. CHIEF JUSTICE of SIERRA LEONE on the 27° December 2017, pursuant to Section 2 of the NOTARIES PUBLIC ACT, CHAPTER 13 of the LAWS OF SIERRA LEONE 1960, which requires a Notary tobe a Legal Practitioner of not fess than Ten (10) years standing was rightfully appointed, seeks the determination of whether persons appointed ATTORNEY GENERAL and MINISTER OF JUSTICE or ANTI-CORRUPTION COMMISSIONER are deemod to be qualified to be appeinted to such positions by computing standing from the date of call to the bar or by the date of enrolment/signing of the Permanent Register and seeks the determination of whether seniority at the Bar is determined by the date of call to the Bar or from the date of enrolment/signing of the Permanent Register The Plaintiff/Applicant seeks tho Declaration that the Dafnectants i Susur as stated im its Notice dated 18° December 2078, is inconsistent with the provisions of Sections 135(3) and 135(4) of the CONSTITUTION OF SIERRA LEONE 1991, a Declaration that the Plaintiff/Applicant is eligible and qualified to serve as Pupil Master, a Declaration that the Plaintiff is eligible to contest for and has been duly elected to the GENERAL LEGAL COUNCIL. the Defendants/Respondents herein, a Declaration that standing is computed from the date of caif and not from the date of registration/enroiment, a Declaration that seniority at the Bar is determined by the date of call and Not the date of enrolment and signing of the Permanent Register, an interlocutory Injunction ‘estraining the Defendants/Respondents by itself, its agents, privies partners OF assigns or any one acting under their instructions. from holding any meeting oF electing or causing a re-election or appointing any person to serve in any capacity whatsoever. pending the hearing and determination of the substantive

* matter herein and any further order or relief as this Honourable Court may deem

fit and just

In support of the application aforesaid, is the affidavit of BRAHIM SORIE, sworn

to on the 30" May 2019, to which several exhibits are annexed, including the

following:

Exhibit ‘1° is the Plaintiff/Applicant's Bar Final Certificate indicating that he has successfully completed the prescribed courses of such study,

Exhibit ‘2’ is the Plaintiff/Applicant’s Certificate of Call to the Degree of an Utter Barrister dated 4" October 2000,

Exhibits ‘7', ‘8°, ‘9°, 10°, 44", 12,13" and ‘14’ are letters ranging from dates between 16" March 2014 and 1" November 2017, contents of which are the PlaintifffApplicant notifying the Chairperson of the Defendants/Respondents affirming the pupillage of several Barristers with him and confirming the said Barristers’ completion of the one (1) year pupillage period with hm,

Exhibit ‘16’ is a Certificate dated 21" December 2017, confirming the appointment of the Plaintiff/Applicant herein as a Notary Public by, the HON. CHIEF JUSTICE OF SIERRA LEONE.

Exhibits 17" "18 and ‘191 are the Plaintiffs/Applicants application forms for payment of Practicing Certificates, receipts of payments and practising certificates, all based on prescribed fees computed from the year of his call to the Bar on the 4° October 2000 tha nariast af these eaelising eartifieestess tie issued on tne J» Fepruary 2011, after his payment of the prescribed iee for the Period of Ten (10) years upwards from his date of call to the Bar,

Exhibits ‘20’ is an article allegedly published by OSMAN JALLOH, a member of the Defendants/Respondents, advancing the argument that standing is computed from date of enrolment in the Permanent Register, rather than from date of call to the Bar and that for one to be eligible to serve as a Pupii Master, one must have enrolled in the Permanent Register for at jeast Ten (10) years, Exhibit ‘21’ is a Notice dated 18° December 2018 issued by MOHAMED PAMOMO FOFANAH, Chairperson of the Defendants/Respondents stating the Oefendants/Respondents’ own interpretation of the CONSTITUTION OF SIERRA LEONE 1991 and of the LEGAL PRACTITIONERS ACT 2000

* regarding the period within which a Legal Practitioner is qualified to act as or serve as a Pupil Master, Exhibit ‘25' is a letter dated 15" February 2019, addressed to the PlaintitfApplicant herein from NICKY SPENCER-COKER MRS, the Secretary General of the Defendants/Respondents informing him of his excess payment for a practicing certificate, the number of years of standing apparently based on Exhibit ‘21’ aforesaid, Exhibit ‘31’ is a list of Legal Practitioners, eligible to contest for the Defendants/Respondents’ elections for members in the category of Legal Practitioners of standing of Fifteen (15) years and above in which the name of the PlaintifApplicant is excluded, apparently based on Exhibit ‘21’ aforesaid, Exhibit ‘32’ are minutes of an ‘Extraordinary General Mecting of the SIERRA LEONE BAR ASSOCIATION, the same confirming no objection to the appointment of the —Plaintiff/Applicant. as a member of the Defendants/Responcents in the category of Legal Practitioners of standing of Fifteen (1) years and above, notwithstanding the fact that his name did not make the list as in Exhibit ‘31’ aforesaid Exhibit '33' is a Notice of Objection issued by AUGUSTINE SORIE-SENGBE MARRAH, to the Piaintiff/Applicants election aforesaid on the grounds that ne was ineligible to be elected to such position Exhibit ‘34’ is a letter dated 29" April 2019, addressed to the President of the SIERRA LEONE BAR ASSOCIATION from ALIGHETINE QnoIE erates MANKAM, urging the Executive of the SIERRA LEONE BAR ASSOCIATION Not to submit any written confirmation of the Plaintiff/Applicant and one SAMUEL T. NAVO as elected members of the Defendants/Respondents until his Petition/Objection as contained in Exhibit °33° aforesaid is tabled for consideration by the general membership of the SIERRA LEONE BAR ASSOCIATION, failing which he will seek injunctive and otter reliefs against the Association Exhibit ‘35 is a letter dated 13° May 2019, addressed to the Secretary of the Defendants/Respondents, from the Secretary of the SIERRA LEONE BAR ASSOCIATION confirming the election of ~—members of the Defendants/Respondents, in the just concluded elections, wiiich said elected members include the Plaintiff/Applicant and one SAMUEL T. NAVO.

Exhibit ‘36’ is an Originating Summons dated 14" May 2019, instituted by AUGUSTINE SORIE-SENGBE MARRAH, in the High Court of Sierra Leone seeking an order that the Plaintiff/Applicant’s election aforesaid, be declared null and void and that he be restrained from serving as a member of the Defendants/Respondents

Exhibit ‘38’ is an Order of the High Court dated 28" May 2019, restraining the Plaintiff/Applicant aforesaid,

Exhibit ‘40° is a publication of the SIERRA LEONE LAW REVIEW 2000 containing a list of Legal Practitioners with both their dates of call to the Bar and dates of enrolment,

Exhibit ‘41’ js the COUNCIL OF LEGAL EDUCATION SIERRA LEONE LAW SCHOOL SOUVENOIR HANDBOOK AND STUDENT PASS LIST 1990-2006 EDITION and

Exhibit ‘46" is the legal analysis which the Plaintiff/Applicant claims, is what the Defendants/Respondents considered before reaching its decision to restrict the right to serve as a Pupil Master. to only those who had been enrolled or signed the Permanent Register for at least ten (10) years

!n opposition to the application herein, is the affidavit of ONIKE CHRISTINE SPENCER-COKER and the affidavit of OSMAN JALLOH, sworn to on the 28" June 2019 and the 21" January 2020, respectively Attached to the affidavit of ONIKE CHRISTINE SPENCER-COKER are soyera! aybihitg inatiirtiney th fosowing

Exhibit ‘OSC 1’ is a letter dated 23 November 2009, addressed to the Chairman of the Defendants/Respondents, in which as contained therein. the Plaintiff/Applicant applying to sign the Temporary Register as a Barrister and Solicitor of the High Court of Sierra Leone Exhibit ‘OSC 2' is the relevant page of the Temporary Register of Legal Practitioners certifying that the Plaintiff/Applicant was approved and enrolicd as a Pupil Barrister and Solicitor of the High Court of Sierra Leone on the 25' November 2009 and

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