Isatu Kamara v The Attorney-General (SC MISC APP 4 of 1992) [1992] SLSC 5 (11 August 1992)

fe - Oe 1 Eee . | Yu ° ithe INTHE SUPREME TOF SIERRA LEONE i. SCREGRBRR CORD. Ob SImGRA Loove

: SC. Misc. app. no. 4/42 CORAM :~ HON. MR. JUSTICE S.M.F, KUTUBU - C.J. (PRESIDING)

HON, MRS JUSTICE A.V.A, AWUNOR—

RENNER ~ J. S.C.

HON. MR. JUSTICE M. 0, ADOPHY = J. A. BETWSEN = SATU KAMARA APPLICANT

vs THE ATTORNEY GENGRAL = RESPONDS!

SOLICITORS += A.F, SPRRY-KAMAL, ESG., with him F. M,

DABO, ES2,, of Counsel for the Applicant.

MISS G. ATTIBA-DAVIES of Counsel for the

Respondent. RULING delivered this 11th day of August, 1992 by KUTUBU, C.J. — PRESIDING.

Ruling

These certiorari proceedings are brought on behalf of the Applicant, Isatu Kamara, by Learned Counsel, Abdul Franklin Serry Kamal for’ an Order of certiorari to quash the order of the Nylander Commission of Inquiry given on the 8th day of July, 1992, resulting in the conviction and imprisonment of Applicant, a witness before the said Commission for a period of 21 days.

‘The grounds ef the application according to the” Statement dated 9th July, 1992 inter alia are as follows :~ / That

ee . 14 That the Commission exceeded its t 4S 3 Jurisdiction in convicting and ° sentencing applicant.

2. That the Commission acted in excess of jurisdiction in convicting and sentencing applicant, 3+ That the Commission acted ultra vires in convieting applicant summarily. Applicant relies on the Affidavits of Isatu Kamare and Fode Maclean Dabo both sworn to on the 24th day of July, 1992 and filed together with the exhibits. Xxhib.t "A" herein is the Certified True Copy of the record of proceedings of the Nylander Conmission of Inquiry, datea 8th July, 1992, touching and bearing on Isatu Kamaray It 4s necessary, we think, to give in brief form, the origin and source of the Nylander Commission of Inquiry; and the facts relating to these proceedings before us: Suffice it to say that the Lynton Nylender Commission of Inquiry is a creature of statute, established ty the National Provisional Ruling Council (N.PiR.C.), in exercise of the powers conferred upon it by Sections 2 and 6 of the Commissions of Inquiry Act, CAP,54 Laws of Sierra Leone, 1960 as adapted by the Proclamation entitled "THE

Administration of Sierra Luonz (national Provisional

RULING COUNCIL) PROCLAMATION, 1992 P.N. NO.20 of 1992, with the following terms of reference !~

4. To inquire into and investigate the financial administration from the 1st day of June, 1986 to the end day of September, 1991 of / Government

- 3 ( ub v- Government Ministers or Departments, . local Authorities, Parastatals including Public Corporations and the Bank of Sierra Leone, or Commissions or Councils established under the Constitution, and ascertain ~

(a) whether or not any malpractices or irregularities were committed by any person with respect to those activities;

(>) the nature and extent of the malpractices and irregularities;

(c) the sums of money, and the identities of persons involved in such malpractices and irregularities,

2. To inquire into and investigate eny persons or matters as from time to time be referred to the Commission by the National Provisional Ruling Council,

Isatu Kamara, applicant herein, and a witness before the Nylander Commission of Inquiry was on ednesday, 8th day of July, 1992 found guilty of perjury and sentenced to 21 days imprisonment at the Central Prisons, Pademba Road, Freetown, under Section 3(a) of the National Provisional Ruling Council Decree No.4, 1992 ~ Commissions of Inquiry (Additional Powers) Decree, 1992+

Section 3(a) of N.P.R.C. Decree No.4 of 1992 states:—

“any person who makes any false statement to any Commission issued under the Commissions of Inquiry Act, knowing those statements / to

OE j ~ AM | eo to be false or which he has no reason a to believe to be trues shall be quiity

of contempt, punishable by imprisonment or fine, i Tt will suffice to state at this juncture that the offence of perjuzy in the Commtssions of Inquiry het CAF. 54 Laws of Sierra Leone, 1960 1s created by Section 11 of that Act — end it states :- Section 11 - “Ary witness who shall wilfully give false evidence in any such a Anguiry concerning the subject metter of such inquiry shall be guilty of perjury and be liable to be prosecuted and punished accordingly". on 10th July, 1992 an application for leave to apply for an order of certiorari was made to this Court by Isatu Kamara against the orders of Hon. Mr. Justice Lynton B. c, Nylander dated 8th July, 1992 between :~ ISATU KAMARA ~ | APPLICANT AND ATTORNAY GENERAL - RESPONDENT In the said application, Counsel sought to invoke the Supervisory jurisdiction of this Court under Section 125 °f the Constitution of Sierra Leone, 1991 Act No.6 of 1991 &nd also Section 148 of the said Constitution which deals With the powers, rights and privileges of Commissions of Taquiry, Section 125 of the Constitution of Sierra Leone states : /The

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