Justice Allan B. Halloway v Justice Edmond Cowan And Others (SC 4 of 2011) [2011] SLSC 20 (10 July 2011)

‘ Bis

‘ S.C.42011 INTHE SUPREME COURT OF SIERRA LEONE, . IN THE MATTER OF THE CONSTITUTION OF SIERRA LEONE, » ACT .NO.6 OF 1991 SECTIONS 127(1-4); 124: 137(5A): 135(3-5): : 136(2-6):146(1) AND (2); 147(1) AND (2); 147(1-4); 148(1-3); 149(1-4) AND 146 E AND IN THE MATTER OF THE OMBUDSMAN ACT NO.2 OF 1997, SECTIONS 4(A&B) AND 7-15 OF THE SAID ACT INTHE MATTER OF THE SIERRA LEONE GAZETTE VOL. CXLI THURSDAY 17™ JUNE, 2010 NO.44 GOVERNMENT NOTICE NO.173 PAGES 840/1 AND INTHE MATTER OF THE EXERCISE OF THE POWERS CONFERRED ON THE PRESIDENT BY SECTION 137 OF THE CONSTITUTION OF SIERRA LEONE 1991 (ACT NO.6 OF 1991) TO SET UP AND DID SET UP A TRIBUNAL CONSTITUTING OF:-

(1) JUSTICE EDMOND E. COWAN - CHAIRMAN @) WARDSWORTH FILO JONES~ MEMBER

(3) ROLAND E. CAESAR- MEMBER

(4) JOSEPH GOMOL-VANDI-KOBBA - MEMBER 7 2A. TO INQUIRE INTO THE QUESTION OF THE REMOVAL OF JUSTICE ALUSINE SESAY AND JUSTICE ALLAN B. HALLOWAY. BOTH OF WHOM ARE JUDGES OF THE SUPERIOR COURT OF JUDICATURE AND TO RECORT TO THE PRESIDENT ‘THE FACTS AD THE FINDINGS THEREOF, AND B. RECOMMENDATION TO THE PRESIDENT WHETHER JUSTICE ALUSINE SESAY AND JUSTICE ALLAN B. HALLOWAY F QUGIIT TO REMOVED FROM OFFICE cd

. Bla 4, THE TRIBUNAL SHALL COMMENCE 11S PROCEEDINGS ‘ON -THE 29" DAY OF JUNE, 2010 AND SHALL SIT IN + FREETOWN OR SUCH OTHER PLACE IN SIERRA LEONE AS THE TRIBUNAL MAY DETERMINE 4, THE TRIBUNAL SHALL REGUL: ‘THE PROCEDURE FOR THE PROCEEDINGS

5. THE TRIBUNAL SHALL SUBMIT ITS REPORT WITHIN six WEEKS OF THE COMMENCEMENT OF ‘THE PROCEEDINGS. MADE AT FREETOWN THE 10™ DAY OF JUNE, 2010 BETWEEN: JUSTICE ALLAN B. HALLOWAY = PLAINTIFF AND 1, JUSTICE EDMOND E. COWAN = CHAIRMAN 2, WORDSWORTH FILO JONES > MEMBER 3, ROLAND E. CAESAR - MEMBER DEFEND, 4, JOSEPH GOMOI VANDFKOBBA MEMBER 5, ATTORNEY-GENERAL & MINISTER OF JUSTICE

Coram

HON. MRS. JUSTICE S. BASH-TAQL - asc HON. MR, JUSTICE P.O. HAMILTON - ssc HON. MRS. JUSTICE V.A.D. WRIGHT - asc HON. MRS. JUSTICE M.E-T. THOMPSON = Isc TON. MRS. JUSTICE A SHOWERS En A

F.M. MARGAI ESQ., S.B. TEJAN-SIE ESQ. AND R.B. KOWA ESQ. FOR THE

7 PLAINTIFF

° JOSEPH G. KOBBA FOR DEFENDANTS

- RULING DELIVERED ON THE. DAY OF JULY, 2011.

HON. MR. JUSTICE M.E.T. THOMPSON JSC By Originating Notice of Motion, the Plaintiff applied to this Court pursuant to Section 127 and 124 of The Constitution 1991, Act No.6 of 1991 (which I shall herein after: refer to as The Constitution) for an interpretation of certain provisions of the Constitution and declarations thereof.

Background

‘The background facts of this case briefly is as follows: That pursuant to Section 137(5) of the Constitution the President of the Republic of Sierra Leone setup a tribunal to investigate the conduct of the Hon, Justice Allan Halloway and Hon, Justice Alusine Sesay two judges of the superior Courts of Judicature. The members of the Commission appointed were Justice Edmond Cowan, Chairman; Mr. Wordsworth Filo Jones, Mr. Roland E. Ceasar and Mr. Joseph Gomoi-Vandi-Kobba, All Barristers and Solicitors of the High Court of Sierra Leone. The tribunal commenced its sitting under the first three members of the commission. At a particular stage of the sitting objection was taken by Mr. Margai learned Counsel for Justice Halloway on many issues. The tribunal delivered a ruling dismissing the several objections. Subsequent to the tribunals ruling

2 con the objection the Chairman recorded these words in his notes.

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x “ “In the, light of Mr. Margai request for an adjournment to enable him é to follow a line it is our view that an adjournment should be taken in y the matter for the period requested by Mr. Margai as his line of action will in the final analysis affects the composition of the panel”. It seams to me by these words Mr. Margai was given a carte blanche adjournment not only to come to this Court, but to choose under which jurisdiction he should come. JURISDICTION The Constitution is not the ordinary law of the land. It is the fundamental law of Sierra Leone. It is the source and gives legitimacy to our laws and the exercise thereof. For the avoidance of doubt the supremacy of the Constitution is clearly emphasized by Section 171(15) of the Constitution”. Section 171(15) states: “This constitution shall be the supreme law of Sierra Leone and any other law found to be in consistent with any provision of this Constitution shall to the extent of the inconsistency be void and of no effect”. ‘As said in Samuel Hinga Norman v. Dr. Sama Banya and others SC 'No.2/2005 unreported the due section being a substantive enactment give sss: to the Constitution by emphasizing that “The Constitution is the 2 supreme law of the land”. This section does not however vest original é jurisdiction on the Supreme Court”

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