P.C Mohamed K. Banya & Others v Lamin V. Ngobeh (CIV APP 5 of 2009) [2010] SLCA 29 (5 March 2010)

. CIV.APP 5/2009 IN THE COURT OF APPEAL OF SIERRA LEONE BETWEEN: P.C. MOHAMED KATLONDO BANYA KAILAHUN LUAWA CHIEFDOM > APPELLANTS: KAILAHUN DISTRICT AND NATIONAL ELECTORAL COMMISSION AND PROVINCIAL SECRETARY EASTERN RPOVICNE AND : MINISTRY OF LOCAL GOVERNEMNT AND COMMUNITY DEVELOPMENT AND ATTORNEY GENERAL AND MINISTER OF JUSTICE AND LAMIN VONJO NGOBEH : RESPONDENT

Coram

HON JUSTICE P.O. HAMILTON =) JSG. HON. JUSTICE N.C. BROWNE-MARKE - —J.A. HON. JUSTICE S.A. ADEMOSU - DA. SOLICITORS OSMAN I. KANU ESQ., STATE COUNSEL FOR APPELLANTS C.F. MARGAI ESQ & R.B. KOWA E ESQ., FOR RESPONDENT. x

Ae t " gUDGEMENT Deiverep TH 4” pay or MoweA 2010 HAMILTON - J.S.C.— $ This Appeal is from the Judgment of the High Court delivered on 13" January, 2009 by Hon, Mrs. Justice Adeliza Showers J. in relation to a Paramount Chieftaincy Election held in Kailahun District, Eastern Province off the Republic of Sierra Leone on the 17" January, 2003.

The brief fact of the case is as follows: - The Plaintiff (hereinafter referred to as the Respondent) was a Candidate at a Paramount Chieftaincy Blection conducted on a Friday 17" January 2003 at Kailahun for the purpose of electing a Paramount Chief for Luawa Chiefdom, Kailahun District in the Ezstem Province of the Republic of Sierra Leone.

The 1 Defendant (hereinafter referred to as the I" Appellant) was also a candidate at the aforesaid Paramount Chieftaincy election at which said election the 1* Appellant was duly elected and declared as the Paramount Chief of Lvawa Chiefdom and subsequently recognized as such Paramount Chief at Kenema, Eastern Province of the Republic of Sierra Leone by His Excellency the President of the Republic on or about 27" January 2003.

By a Writ of Summons dated 6" June, 2003 the Respondent herein then sought a Declaration that the said Paramount Chieftaincy election conducted on 17° March 2003 at Kailahun in which the 1* Appellant was duly elected as Paramount Chief for Luawa Chiefdom, Kailahun District in the Eastern

‘a__ province of the Republic of Sierra Leone and subsequently recognized by His Excellency the President of the Republic of Sierra Leone was fatally irregular

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qa defective, fraudulent and vitiated and was therefore invalid, null and void and of no legal effect, That the Honourable Court cancels and nullifies it and that aa injunction be granted restraining the i" Appellant from holding himself cut * as or acting in anyway as Paramount Chief of Luawa Chiefdom, Kailahun district.

It was against this background that Judgement was given in favour of the

Respondent herein by the leamed Trial Judge on 13" January 2009 by declaring the said election of 17" January 2003 irregular and therefore null and void and the recognition by His Excellency the President of the 1% Appellant herein cancelled and nullified and then granted an injunction.

It is against this judgement dated 13" January 2009 that the Appellants herein especially the 1" Appellant has now appealed against on the following

Grounds

1, The Learned Trial Judge erred in Law when she held in her judgement that the Defendant did not rebut the claim by the Plaintiff that people of lower ages voted at the election nor did she take cognisance of the fact that the Plaintiff failed to prove that the election was fraught with fraud and multiple voting. In her judgement at page 29, the Learned Trial Judge had this to say “cssssssseeeoesThe Plaintiff and his witness P.W; gave an instance of a Chiefdom Councilor whom they knew and who was their relation who had his name called and a 14 year old boy answered and voted for % him. This evidence has not been controverted by the defence.” In fact the Appellant did not only deny the

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allegation in his pleadings but also led (DW,) evidence to rebut the allegation as indicated at page 19 - 20 of the

“ss judgemieni- —----------, He (DWs) stated that it would not

+ have been possible for any impersonation of the Chief om Councilors as the town chiefs, and the section chiefs of the chiefdom were present and they all knew these people. He said all the candidates were present and they saw the persons called out as chiefdom councilors and none of them raised an objection to any of them.

2. The Learned Trial Judge erred in Law when she held for the Petitioner that there was high level of unauhorised proxy, multiple voting and rampant impersonations of individual votes without any or any sufficient evidence substantiating these allegations and without the Petitioner proving the said allegations in accordance with the required standard of proof.

3. The Learned Trial Judge erred in Law when she relied on the Government guidelines as the basis of her judgement after she had previously held that the said Government guidelines do not have the force of law in the case intituled CC: 800/206 S. NO. 80 NGANDI TAMBA AMADU SOKOYAMA VS. P.C. SHEKU. AMADU TEJAN FASULUKU SONSIAMA III unreported.

4. The judgement is against the weight of the Plaintiffs’ evidence.

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