John S. Yambasu & 3Ors v Hon Mr. Ernest Bai Koroma &5 Ors (SC 3 of 2002) [2004] SLSC 2 (5 March 2004)

: IN THE SUPREME COURT OF SIERRA LEONE SC. NO. 3/2002 : BETWEEN: JOHN SAHR YAMBASU & 3 ORS. ~ _ Plaintif/Respondents AND HON. MR. ERNEST BAI KOROMA & 5ORS. - —_Defendants/Applicants

Coram

HON. JUSTICE DR. A. B. TIMBO - GL HON. MR. JUSTICE S. C. E. WARNE - 1S. HON. MR. JUSTICE B.C. THOMPSON-DAVIS - —J.S.C. HON. MR. JUSTICE M.

0. ADOPHY - 5S. HON. MRS. JUSTICE V. A. D. WRIGHT = LSC. Mr. Biloku Sesay for I** Appellant Dr. Bu-buakei Jabbi for 2nd, 3" and 4" Plaintifis Mr. T. M. Terry for the Defendants RULING DELIVERED ON THE © DAY OF MARCH 2004 TIMBO, C. J. The plaintiffs by originating notice of motion dated the 9" day of October 2002 sought ‘among other things, the following declarations in pursuance of sections 122, 124 (1), 127, and 175 (15) of the Constitution of Sierra Leone 1991 (Act No. 6 of 1991) that the constitution of the All Peoples Congress Party (A. P. C.) which was amended and

: +t mee approved by the A. P .C. National Delegates Conference of 22nd to 24" March 2002 is . illegal and of no effect because, (). Itcontravened articles 6 and 16 of the current 1995 A. P. C. Constitution. ig (i), Its ultra vires section 24 (1) of the Political Parties Act 2002 and (Gi). Iti in consistent with section 35 (2) of the Constitution of Sierra Leone 1991 (Act No. 6 of 1991) for not conforming to democratic principles. ‘That it be further declared that, (iv). ‘The office of National Party Leader and Head of the A. P. C. Party purportedly established by the illegal constitution of 2 April 2002, called ALPHACON 2002 does not exist in law. | (¥). The 1* defendant the Hon, Emest Bai Koroma Member of Parliament is not lawfully an incumbent of the purported office of National Party Leader and Head of the A P C Party the said office or position being itself illegal, non-existent and unknown to the All Peoples Congress (A. P. C.) party. (vi). The Constitution of the All Peoples Congress Party (A. P. C.) dated the s® December 1995 is the only lawful and current constitution of the All Peoples Congress party. ’ (vii). The highest leadership offices or positions in the All Peoples Congress party as established by the current 1995 A. P. C. Constitution are as follows:

Gear (@. National Party Leader, and * (ii). National Party Chairman (iii). National Vice Chairman - (viii). ‘The changes in the following titles of office holders from those named above to those of National Party Leader and Head of the All Peoples Congress, National Party Chairman and National Vice Party Chairman respectively or any variance thereof, are ultra vires of section 24 (1) of the Political Parties Act 2002 the said changes having been effected after the A. P. C. National Delegates Conference of 22" to 24 March 2002. Lastly, the plaintiffs have asked the Court to grant permanent injunctions against the several incumbents of the newly created positions. : In the course of the hearing of the originating notice of motion the Court requested the parties to address it on the question of jurisdiction in view of the provisions of section 24 (1) of the Political Parties Act 2002 (Act No. 3) which provides: “24

(1) Where a political party registered under section 12 intends to alter — (@) its constitution; (b) its rules or regulations, if any; (©) the name or address of any of its founding members; . (@) the title, name or address of any office holder submitted to the ‘Commission under subsection (2) of section 11;

- 4 q : © its name, symbol, colour or motto, it shall notify the Commission of its intention and the Commission shall, Within fourteen days after the receipt of the notification, cause to be published by Goverment Notice the intended alteration, and invite objections, if any, to anything contained in the intended alteration.” It was at this stage that one of our brothers, Warne J $ C fell ill and was hospitalized for a period of nearly six months, Immediately the Court resumed sittings in November 2003, we were confronted with yet ‘another issue, The 1* plaintiff Yambasu through his Solicitor Mr. Biloku Sesay had filed a notice of discontinuance of the originating notice of motion seemingly against all six defendants. We allowed counsel to address us on this point. He referred us to a document we are told, | ‘was writen and filed by the 1" plaintiff. I shall quote it verbgtim. It reads, “From: Mr. Sahr John Yambasu Member A. P. C. Kono, Deputy Leader/Chairman A. P. C. National, To: The Secretary-General, A. P. C., All Members of the A P C, The Chairman, Chief Justice, All Party District Office. . DATE: 3.11.03

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