Patrick John & ANOTHER v Mohamed Konneh & ORS (SC Case 03/2023) [2024] SLSC 3 (16 July 2024)

S$ € Case 03/2023, Sy i IN THE SUPREME COURT OF SIERRA LEONE

ORIGINAL JURISDICTION TIN THE MATTER OF SEEKING DECLARATIONS UNDER THE ORIGINAL JURISDICTION OF THE SUPREME COURT OF SIERRA LEONE, PURSUANT TO RULES 89 - 98 OF THE SUPREME COURT RULES C.I. NO 1 OF 1982 PART XVI

AND : IN THE MATTER OF THE CONSTITUTION OF SIERRA LEONE ACT NO 6 OF 1991 SECTIONS 124(1); 122(2); 32(3), (4) & (7); 75(C); 76(1)(B): 171(1)4): 33: 35; 38 (AS AMENDED) 28(6) AND IN THE MATTER OF THE PUBLIC ELECTIONS ACT - ACT NO 17 OF 2022 REPEALING AND REPLACING THE PUBLIC ELECTIONS ACT, 2012 - ACT NO 4 OF 2012 TO WIT: SECTIONS 7; 57; 169; 170; 154 & 155 AND IN THE MATTER OF THE POLITICAL PARTIES ACT, 2022 (SECTION 24) AND REGULATIONS MADE THEREUNDER BETWEEN: PATRICK JOHN - 1% PLAINTIFF PEOPLES’ MOVEMENT FOR DEMOCRATIC - 2! PLAINTIFF CHANGE (PMDC) AND MOHAMED KONNEH “1°” DEFENDANT CHIEF ELECTORAL COMMISSIONER ELECTORAL COMMISSION FOR SIERRA LEONE ELECTORAL COMMISSION FOR SIERRA LEONE ~2 DEFENDANT. THE ATTORNEY-GENERAL & MINISTER “OF JUSTICE - 3 DEFENDANT

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Coram

THE HON MR JUSTICE NC BROWNE-MARKE, ACTING CHIEF JUSTICE THE HON MR JUSTICE MF DEEN-TARAWALLY, Isc THE HON MR JUSTICE ALUSINE SESAY, JSC THE HON MR JUSTICE AT SESAY, JA COUNSEL: CF MARGAT ESQ, J F KAMARA ESQ & GASSIMU CONTEH ESQ for the Plaintiffs BE CUMMINGS (MS); DR E S ABDULAT ESQ, A TURAY, EsQ. IT MANSARAY ESQ & AB MANSARAY ESQ for the 1” ‘ond 2“ Defendants: RBKOWA ESQ, Solicitor-General, OSMAN KANU ESQ, DPP; A SUWU (MS), MB BANGURA ESQ: TJ FREEMAN ESQ and A BOIMA ESQ for the 3” Defendant JUDGMENT DELIVERED THE 16" DAY OF JULY, 2024 PLAINTIFF'S ORIGINATING NOTICE OF MOTION

1. The Plaintiffs came to this Court by way of Originating Notice of Motion, hereafter “ONOM" filed on 12” ‘June, 2023. Later, the ONOM was amended to include two additional reliefs. In their ONOM, the Plaintiffs sought the following reliefs, viz (0) ‘That this Court declares as unconstitutional and therefore null ‘and void and of no legal effect, the appointment ‘of Mohamed Konneh, who until his appointment to the position of Chief Electoral Commissioner of ECSL, was ‘the Director of Financial Intelligence (FIU) and therefore, a public official, the said appointment contravening the provisions of section 32(3) & (4) (7); 75(c): 76(1)(b), 171 (1) & (4) of the Constitution of Sierra Leone, 1991; (ii) A Declaration that the failure to publish by notice in the gazette, that nominations of candidates be delivered to the Electoral Commission, or, the Returning Officer designated by the Commission before 4 o'clock in the afternoon is fatal, in that it deprives intending candidates of knowledge as to when

to comply, which, accordingly, disenfranchises the voters in i/ affected constituencies to freely vote for candidates of their 7 choice contrary to section 57 of the Public Elections Act, 2022: / (ii) A Declaration that by not exercising judiciously the latitude given by section 169 of Act No 17 of 2022 to the Commission, to enlarge or reduce time, depending on the prevailing circumstances, calls into question the fairness, credibility and transparency of the electoral process, especially when one takes into account, the introduction by ECSL for the first time, of a novel electoral process known as “The Portal System", which has Proven unreliable because of a series of breakdowns, the same having been brought to the attention of the Commission through its of ficials

(iv) A Declaration that sections 154, 155 of Act No 17 of 2022 are both mandatory and not directory, and that failure to heed what is therein contained, is a serious transgression, which is not within the spirit ond intendment of the sections, meaning that the Commission is under an obligation to strictly comply with the provisions of the said sections, including allotting campaign dates to Presidential candidates, the failure of which, 4s in the case of the PMDC Presidential candidate, tantamounts to depriving the said candidate of launching an effective campaign to woo voters’ support.

(%) A Declaration that matters involving fundamental rights of citizens pending in the Supreme Court, must be heard by five Substantive Supreme Court Justices and not otherwise. Any hearing short of the above, should be declared unconstitutional ‘and decisions reached, to be declared null and void and of no effect.

(vi) A Declaration that to avail of section 38 as amended in 2001, is predicated on two conditions being present at the same time, that is to say:

(@) Where, under any law for the time being in force, a date for a general election of members of Parliament has been coppointed:

(b) But, constituencies have not been established in

‘accordance with subsection (3) of section 38 for the purpose of such election; ‘The Court to declare that the absence of anyone of the above conditions will shut the door against invoking the said section and subsection: and therefore section 38 as ‘amended will not apply.

(vii), A Declaration that the electoral process as handled thus far, by ECSL is most unsatisfactory and therefore unsafe for the elections scheduled for 24” June, 2023 to be predicated upon ‘and therefore orders an appraisal of the same.

2, Another ONOM was filed by the Plaintiffs on 6 July, 2023 for leave to amend the ONOM filed on 12 June, 2023. That ONOM was not heard because of the subsequent course of events. As such, the additional relief sought by the Plaintiffs in this latter ONOM filed on 6 July, 2023 has not been heard, nor has it been considered nor determined by this Court. That ONOM filed on 6 July, 2023 also incorporated an application to amend the Plaintiffs’ statement of case filed together with the ONOM of 12 June, 2023. As such, the Plaintiffs’ statement of case remains as it was on 12 June, 2023 when it was filed.

3. The Plaintiffs’ ONOM of 12 June, 2023 is supported by the respective affidavits of Patrick John and of Tony H 8 Songa deposed and sworn to the same date. In that affidavit, Mr John, the 1" Plaintiff deposed and swore that he was a Sierra Leonean; a registered voter with voter identification card number 3178539; and that he was also a member of the PMDC party. To his affidavit, the Plaintiff exhibited the ONOM as exhibit "A", and the statement of case as exhibit "B". His reasons for bringing the action are deposed to in paragraphs 6 and 7 of his affidavit

4, To Mr Songa's affidavit are exhibited several documents, lettered (a) to (m), The majority of them are the exchange of correspondence between Me Margai and the 2* Plaintiff, on the one side, and with the 1” Defendant on the other side. Exhibits "k" and “L" are, respectively: a profile of the 1" Defendant; and a summary of the debate in Parliament

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