PC Alpha Manseray Sheriff II v Attorney -General and Minister of Justice And 2 Others (SC MISC APP 2 of 2011) [2011] SLSC 19 (15 June 2011)

cae | IN THE SUPREME COURT OF SIERRA "S.C. MISC.APP, 22011 x IN THE MATTER OF GOVBRNMENT NOTICE NO. 166 DATED 19™ May 2009 AND ISSUED UNDER THE HAND OF H.E. THE PRESIDENT OF SiERRA LEONE, PURPORTEDLY ACTING IN ACCORDANCE WITH THE ADVICE OF THE CABINET AND IN EXERCISE OF POWERS CONFERRED UPON HIM PY SUBSECTION

(1) OF SECTION 25 OF THE PROVINCES ACT. CAP, 60 OF THE LAWS OF SIERRA LEONE, 1960, IN THE MATTER OF THE HONOURABLE MR. JUSTICE ABDULAI SHEIK FOFANAH COMMISSION OF INQUIRY AND TWO ASSESSORS APPOINTED BY HE, THE PRESIDENT OF SIERRA LEONE BY VIRTUE OF THE FOREGOING GOVERNMENT NOTICE NO. 166 DATED 19™ MAY 2009, AS AFORESAID, 70 INQUIRE INTO THE CONDUCT OF PARAMOUNT CIUEF DR. ALPHA MADSERAY SHERIFF LL OF BIRIWA CHIEFDOM, BOMBALI DISTRICT, IN ‘THE NORTHERN PROVINCE OF ‘THE REPUBLIC OF SIERRA LEONE AND “To DETERMINE WHETHER HIS CONDUCT HAS BEEN OF A KIND SUBVERSIVE OF THE INTERESTS OF GOOD GOVERNMENT", IN THE MATTER OF THE PROVISIONS UNDER SECTIONS 32(1), 33, 72(3) AND

(4) AND (5), 122, 124, 127, 147, 148, 149 AND 171(15) OF “CHIE CONSTITUTION OF SIERRA LEONE, ACT NO. 6 OF 1991; SECTIONS 2(1) AND 6 OF THE NATIONAL ELECTORAL COMMISSION ACT 2002; SECTIONS 2(3), 13(D, AND (2), 20, 21, AND 48 OF THE INTERPRETATION ACT, NO. 8 OF 1971; SECTION 20 OF THE LOCAL TAX ACT, NO. 15 OF 1975; AND SECTIONS 4, 19, 20, 21, 28, 3 AND 32 OF THE CHIBFTAINCY ACT, NO. 10 OF 2009; AMONG OTTIERS. r

BETWEEN P.C. DR. ALPHA MANSERAY SHERIFF 11 + PLAINTIFF e Bririwa Chiefdlom. Bombali District + AND :

1. ATTORNEY-GENERAL AND MINISTER OF JUSTICE. - 1°* DEFENDANT Guma Building, Lamina Sankoh Street, Freetown. i

2. MINISTER OF LOCAL GOVERNMENT AND COMMUNITY DEVELOPMENT - 2° DEFENDANT ‘Youyi Building, Brookfields, Freetown. 3, NATIONAL ELECTORAL COMMISSION - 3 DEFENDANT. 15 Industrial Estate, Wellington, Freetown.

Coram

HON. MS. JUSTICE UMU TEJAN-JALLOH - CHIEF JUSTICE HON. MRS. JUSTICE S. BASH-TAQI Isc HON. MR. JUSTICE P.O. HAMILTON Isc HON. MRSJUSTICE V.A.D. WRIGHT - asc HON. MR. JUSTICE TOLLA THOMPSON - Ise COUNSE! DR. BU-BUAKEIJABBIE FOR THE PLAINTIFF/APPLICANT KEKURA BANGURA ESQ. FOR THE 1ST AND 2"? DEFENDANTS/RESPONDENTS CJ, PEACOCK ESQ. FOR THE 3*° DEFENDANT/RESPONDENT RULING DELIVERED ON THE 15" DAY OF JUNE 2011 : M.E. TOLLA THOMPSON, JSC. - This is an interlocutory notice of motion dated 18" March 20! for the following orders:

: 1 AN ORDER OF MANDAMUS severally and/or jointly commanding the 1" and 2" Defendants herein to make available and deliver to the Plaintiff herein, with immediate effect, and in any case within and not later than fourteen (14) z days following the date of the granting of this order of mandamus by the Honourable Supreme Court, a certified true copy of each of the following documents, as may be respectively applicable: (a) the Report, if any, of the Provincial Secretary (North) on the administrative investigation in respect of the Plaintiff herein as Paramount Chief of Biriwa Chiefdom, which was held in or around June 2008 and submitted to HLE. the President as the prerequisite process before setting up the Justice Fofanah Commission of Inquiry; and (b) the Report, if any, of the Justice Fofanah Commission of Inquiry as submitted or presented to ILE. the President; and () the, White Paper, if any, issued by Government on the Report of the Justice Fofanah Commission of Inquiry: and (d) the Statement, if any, issued by H.E. the President to the effect that the Report of the Justice Fofanah Commission of Inquiry was/is not to he published, together with the reasons given, if any, as to why the Report was/is not to be published. 2 AN ORDER OF MANDAMUS severally and/or jointly commanding the 1" and 2" Defendants herein to make available and deliver to the Registrar of the Supreme Court for the use of their Lordships in the proceedings in this action, ‘mauter or suit, with immediate effect, and in any case within and not later than fourteen (14) days following the date of the granting of this order of mandamus by the Honourable Supreme Cour, a cectified true copy of each of the following documents, as may be respectively applicable:- (a) the Report, if any, of the Provincial Secretary (North) on the administrative investigation in respect of the Plaintiff herein ax Paramount Chief of Biriwa Chiefdom, which was held in or around lune 2008 and submitted 1 ILE. the President as the prerequisite process t before setting up the Justice Fofanah Commission of inquiry: and

x

(b) the Report, if any, of the Justice Fofanah Commission of Inquiry as

submitted or presented to HE. the President; and + (c) the White Paper, if any, issued by Government on the Report of the Justice

Fofanah Commission of Inquiry; and

{the Staten I ay ized by HE. the Prides to the eet hase Report of the Justice Fofanah Commission of Inquiry was/is not 10 be published, together with the reasons given, if any, as to why the Report was/is snot to be published.

3. AN INTERIM INJUNCTION severally and jointly restraining the 1" and 2°* Defendants herein, their agents, servants and privies, as the case may be, with instant or immediate effect, and in any case within and not later than twenty-four (24) hours following the date of the service upon them (whether severally or jointly) of this order of interim injunetion herein granted by the Honourable Supreme Court, from pursuing or further pursuing the execution or implementation of the removal or termination of the service of the Plaintiff/Applicant herein as Paramount Chief of Biriwa Chiefdom, Bombali District, in the Northern Province and also from seeking or further secking to “tettieve the Staff of Office” from the family of the Plaintiff/Applicant herein or for himself as Paramount Chief of Biriwa Chiefdom, as the case may be, pending and until after final determination by this Honourable Supreme Court of the cause, matter, action or suit issued or instituted

by the Originating Notice of Motion herein.

4. AN INTERIM INJUNCTION severally and jointly restraining the 1" , 2% and 3" Defendants hereir. their agents, servants and privies, as the case may be, with immediate effect, end in tiny case within and not later than forty-eight (48) hours following the date of the granting of this order of interim injunction by the Honouable Supreme Court, from further pursuing any and all

z of their planning and preparations and activities towards effecting or effecting or executing the Deal of Rights on 3"! May 2011 and of the subsequent voting oor polling on 3° June 2911 (or at all otherwise, in either ease) in respect of tke

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