Mariatu B. Kargbo v S (CIV APP 63 of 2020) [2021] SLCA 27 (25 May 2021)

oo 348 : Judgement approved by the court for handing down Matta 8 Karghow The State ‘Neutral Citation Number (63/2020) _SLCOA.0007, (Gil Division C01 Apo: 63/2020 ; INTHE COURT OF APPCAi TOR SIERRA LEONE, ‘ON APPEAL FROM .MISSONS OF INQUIRY MARCH 2020 THE HON JUSTICE SIR BIOBELE GEORGEWILL aw Court Building Siaka Stevens Steet Freetown (Date: 12 ly 2021 Before: ‘THE HONOURABLE MRJUSTICE AI SESAY JA (PRESIDING) [THE HONOURABLE MRJUSTICE ALHAJI MOMOH-IAH STEVENS JA and ‘THE HONOURABLE MR JUSTICE A FISHER) Between: MIATTAB KARGEO ‘Appellant -and- THE STATE Respondent MNicol:Wilson E39 of Counsel forthe Appellant RB Kowa, 1! Freeman State Coursel for the Respondent Hearing dates:25 May 2021 ‘APPROVED JUDGEMENT é We direct that copies of ths version as handed down may be treated as authentic Pegs 1034

nent sped he cut on on vera coe ‘The Honourable Mr Justice A I Sesay JA: (Giving the Judgement of the Court) *

1. This is the judgement of the court. Inquiry, set up by His Excellency, The President, Rtd Brigadier Julius Mada Bio, upon his assumption to office in 2018 and approved by Parliament in the form of several Background facts sidepend comipon ard atte of lice aus he Goverment of fet preset rel arma, Yom Never 207 208, a ite arated to cay a3 ero ndesendet a and impart eet bentncy terete ~ the findings. Following the publication of the white paper, the appellant being 7 Page 2 of 34

2 8 Sse : Judgement approved by the cout for handing down Motta B Kargbo vThe State + ‘The Grounds of Appeal

5. The Appellant has appealed to this court against the decision of the Commission of Inquiry, in @ number of grounds totalling twenty-one. Most of the grounds are closely - related and we will make reference ‘them as and when necessary. In summary, ie grounds of appeal make the following averments,

1. That the Sole Commissioner erred in law and wrongly misdirected himself that the appellant was Minster of Health and Sanitotion from 2013-2015.

2. That owing to the misdirection on tenure, the Sole Commissioner wrongly investigated the bank accounts of the appellant which were opened ofter she leftoffce and was a private citizen

3. That the Sole Commissioner erred in law ond in fact when he concluded thot ‘appellant's financial transactions in her bank accounts were for above her official and legitimate earnings and therefore omounted to unexplained wealth.

4. That the Sole Commissioner erred in law and misdirected himself when based ‘on the account balances and financial transactions of the appellant at Zenith Bonk, he concluded the appellont maintained o standard of life above thot which wos commensurate to her official emoluments ond was in control of pecuniary resources disproportionate to her oficial emoluments and therefore ‘amounted to unexplained wealth.

5. Thot Sole Commissioner erred in concluding thot the appellant had failed to Geciore her assets upon her assumption to office and annuolly thereafter, in contravention ofthe Anti-Corruption Act 2008.

6. That the Sole Commissioner erred in law and acted ultra vves the scope of his terms of reference, when he specifically found the eppeliont guilty for the offence of failing to declare her ossets to the ACC.

rae $01 38

st, Judgement approved by the court for handing down -Miatta @ Kargbo v The State

2. That the adverse findings and recommendations relating to the appellant in i the ebola investigation, are ogainst the weight of the evidence presented at * the proceedings.

8 That the Sole Commissioner erred in law and misdirected himself by not limiting the investigations into the activities of the Ministry of Health and Sanitation, that were relevant to the tenue of office of the appellant.

9. That the Sole Commissioner misconstrued the law and deliberately ignored the {facts when he concluded that, the appellant wos involved in gross abuse of office in the reckless manner in which she and other persons dealt with the {finances of the Government of Sierra Leone, under her care.

10. That the Sole Commissioner misdirected himself by wrongly concluding thot the appellant had failed to provide leadership and supervision during her tenure in office, os minister of Health and Sanitotion, resulting in ‘misoppropriation of Le82, 239,738.94 ond USO 2,471,993,

11. That the Sole Commissioner misdirected himself in failing to consider the evidence of (W4, Ibrahim Sorie Kamara, about responsibility of payment uf withholding taxes by the Ministry of Health and sanitation duriey the tenure of office of te oppeliant.

112, That the Sole Commissioner erred in law and in fact when he stated that, the ‘oppeliant approved withdrawals and expenditure from various bank accounts without supporting documents.

113, That the Sole Commissioner wrongly evolvated the evidence by holding thot there were only documents available for Le1,964,950.000.00 and the sum of {USD 360,000.00 and the balance was unaccounted for.

14. That the Sole Commissioner misdirected himself by concluding that under FOC if and the Ministry of Health, @ huge loan was granted to coalition for health for all without due process amounting to Le?1,800 009.00. Page aot 34

The pages read for this report end here. The judgment continues in the PDF.