Kadie Kallon (Nee Davies) v Josephine H M Jackson & others (EP CIV APP 59 of 2019) [2020] SLCA 18 (1 April 2020)

OF & OF SI CIVIL DIVISION EP. CIV. APP. 59/2019 BETWEEN: KADIE KALLON( NEE DAVIES)- i ANT AND JOSEPHINE H M aN & 8 OTHERS MA ESQ. COUNSEL FOR THE APPLICANT is COUNSEL FOR THE RESPONDENT j HON. MRYJUSTICE SENGUM.KOROMA - JSC (PRESIDING) | HON. MR. JUSTICE ANSUMANA IVAN SESAY- Ja& | HON. MRS. JUSTICE TONIA BARNETT —- J |

oe: e RULING DELIVERED ON THE 1%" APRIL, 2020 HONOURABLE MR. JUSTICE SENGU MOHAMED KOROMA JSC 1, The Appellant/Applicant (hereinafter referred to as the ‘APPLICANT’) applied to this Court by Notice of Motion dated 26" February, 2020 for the following Orders:~ 1) That the Honourable Mr. Justice Ivan Sesay, JA recuses himself from hearing of the matter intituled: CIV. APP.59/2019 BETWEEN: KADIE KALLON (NEE DAVIES) AND JOSEPHINE H.M, JACKSON & 3 OTHERS 2) That the Honourable Ansumana Ivan Sesay JA disqualifies himself from being a member of the Panel of Judges that will hear this Appeal on the following

Grounds

a. That the said Justice has twice contested General elections for the parliamentary seat at a constituency now known as constituency 93 at Rutifunk in the Moyamba District in the Southern Province of the Republic of Sierra Leone on the platform of the Sierra Leone Peoples Party (SLPP) in 2007 and 2012 respectively

b. That because of his past affiliation and connection with the SLPP, justice may ‘not manifestly be seen to be done by him in this case if he continues to be on the Panel because of the appearance of or presumed bias he holds towards the Sierra Leone People's Party.

3) Any further Order(s) that this Honourable Court may deem fit and just 4) Costs in this application be costs in the cause. a

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2. The Application was supported by the affidavit of KADIE KALLON (nee Davies) - ‘sworn to on the 26" day of February, 2020 together with the exhibits attached e thereto and relied on therein,

3. The application was opposed by the 1% Respondent by an affidavit filed by JOSEPH HINDOGBAE KPOSOWA sworn to in Freetown on the 2"! day of March,

PROCEDURAL HISTORY:

4) As a result of the decision of the High Court dated the 31% May, 2019 against the Applicant herein, the Applicant filed (therein referred to as the Defendant) filed a Notice and Grounds of Appeal against the said decision,

5) At the first hearing of the said Appeal, Counsel for the Appellant/Applicant herein (hereinafter referred to as the “Applicant”) intimated this Court of their intention to seek the recusal of Hon. Mr. Justice Ansumana Ivan Sesay. The Court Ordered the said Counsel for the Applicant to make the Application by Notice of Motion, ‘This Application was duly filed.

‘THE PRESENT APPLICATION:

6) The Application was heard on the 5" day of March, 2020 with the Applicant

represented by Ady Macauley Esq., and the Respondent by Musa Mewa Esq, AFFIDAVIT IN SUPPORT:

7) In this application, the Applicant relied on the affidavit of KADIE KALLON (nee Davies) sworn to on the 26" day of February, 2020 together with the exhibit attached thereto.

8) I shall now deal with the parts of this affidavit germaine to this application, The Deponent averred as follows:~

i) PARAGRAPH 3: “That I am reliably informed by my Solicitors and verily believe that the members of the Panel (in this appeal) include Hon. Mr. Justice Ansumana Ivan Sesay, JA.”

li) PARAGRAPH 4: “That the subject matter of my Appeal touches and concerns the 1* Respondent; Josephine Jackson who was the candidate resented by the Sierra Leone Peoples Party (hereinafter referred to as “SLPP") for the same constituency seat (Constituency 110) contested by me Under the ticket of the All Peoples Congress Party (hereinafter referred to as “APC")

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° iil) PARAGRAPH 5: “That the Hon. Mr. Justice Ansumana Ivan Sesay had in 2012 contested to become a Member of Parliament for the Parliamentary Constituency now known as Constituency 86 at Rutifunk in the Moyamba District in the Southern Province of the Republic of Sierra Leone (hereinafter referred to as “the Constituency”) under the political platform of the SLPP; the same political party on whose platform the 1* Respondent is contesting under. The Deponent exhibited KK1 being a list of 2012 nominated candidates published by the National Electoral Commission (hereinafter referred to as “NEC")"

iv) PARAGRAPH 6: “That the Judge had also by his conduct and participation in the said election under the SLPP no doubt shown publicity his emotional and ideological attachment and commitment to the SLPP and therefore not qualified to hear and determine this appeal which borders on my lawful election as a Member of Parliament.

v) PARAGRAPH 7: “That a good number of Members of the public in my Constituency who have now come to the know that the Learned Judge was ‘once a member of the SLPP have walked up to me in the Streets and expressed doubts and reservations about the faimess of the Leamed Judge in adjudicating this. Appeal.”

vi) In PARAGRAPHS 8 and 9, the Deponent averred that because of the affiliation of the Judge with the “SLPP", he will not be seen to exercise his judicial function impartially and also prevent him from bringing an open mind to the hearing and resolution of her appeal.

vii) PARAGRAPH 10: “That it is the identification of both the Judge and the Fad Respondent herein with the “SLPP" because of their respective aspirations during the 2012 and 2018 Parliamentary elections that brought about the likelihood, perception, suspicion, impression, possibility and appearance of “pias to mind”.

ORAL SUBMISSIONS OF COUNSEL FOR ‘THE APPLICANT:

9) In his oral submission, Counsel for the Applicant, Ady Macauley Esq., reiterated the-averments in the affidavit in-support -asserting-that-the Judge having been a. candidate for a political party must have ‘emotional and ideological commitment to that party.

10)Mr. Macauley clarified that the reason for their objection was not to doubt the integrity of the Judge but to help develop our jurisprudence on judicial bias by

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