People's Movement for Democratic Change And Another v Sierra Leone's People Party And Another (1 of 2007) [2007] SLSC 6 (22 June 2007)

f SC APP. 1/2007 In the Supreme Court of Sierra Leone

Between

People’s Movement for Democratic Change (PMDC) And

Secretary Geieral of the People’s Movement for Democratic Change PMDC)

= Appellant/Petitioner

And ;

Sierra Leone People’s Party (SLPP)

And : Respondents:

Chairmua Sictta Leone People’s Party

Coram

Ton. Justice Dr. Ade Renner Thomas fac

Hoo. Mr. Justice UL, Tejan Jala 2 osc

Hon. Mr. Justice G. Semega- Jenneh >, Rc

Lon, Mrs. Justice V.A.D. Wright 2) asc

on, Me. taste MLE, Tal Thompson 2° ys¢ Mr. C.F. Morgat.and MP. ofana, for the AppellanvPetitioner Mr Eke Hotloway, Mi, D.B. Quee, Mr. E.E, Shears Moses and Mr. A. Brewah,

for Respondents

Judgment delivered on the ... BRE deg Bhii7

ep \32 “ ‘Tolla Thompson JSC 1 have had the oppéetahity of reading the judgment of my Lord the Chief Justice and my learned brothers and ssters. | concur in their reason and conclusion. 1 will merely add my own view and teath® mater this way which think is supplementary to what they had said z tin This appet is agains the “decision” ofthe Political Party Registration cqmmission: which I shall Ell forthe purpose of this judgment “the commission” given on the 21* July 2006. Pursuant to a petition brought before the commission, by the appellant on the 16 June 206 Brief Background ‘The I" appellant isa political pany registered by the commission asthe People’s Movement for Democratic Change PMDC on the 16 June 2006 1" appellant through the 2" appellant petitioned the commission pursuant to see 6() (2a) Qe), 14(1) 27) ofthe Political Parties Act No 3 of 2002 (as amended) which I shall call forthe purposes ofthis judgment the Act and see35(4) and 76(1}() of the Constitution 1991 Act No. 6 of 1991 which again I shall call for the purposes of thisijadgment the Constitution) about the eligibility of Mr. Solomon Ekuma Berewa as leader of.the Sierra Leone Peoples party whilst holding the office of the Vice President ofthe Republi of Sierra Leone. “The respondent also is.a political party, registered politcal pry under the name and tile Siera Leone Peoples Party (S1.PP). On the [4 September 2005 the respondent held a convention in Makeni in which the Vice President Mr, Solomon Ekuma Berewa was elected leader and presidential candidate p the sid party. It seems to me that it was the election of the vice President as leader of the SLPP which precipitated the appli petition to the commission. The petition was on these lines: The Chairman Political Party Registration commission Cio Roxy Buildings, Walpole Set Freetown : Dear Mr. Chatman Re: Petitioning und Sev 611(2a), (2e), 14(1) and 27(1) of the Political Parties Act No. 3 of 2003 (as amended) and see 35(4 and 76 1(h) of Act No. 6 of 199 On behalf ofthe Peoples Movement for Democratic Change | hereby petition the itegbiity of Me. Salamon Ekuma Berewa as leader ofthe Sierra Leone Peoples Part whilst holding he oie of Vgg President of te Republic of Sica Leone Sect 6 (1) of Act No. 3 of 2002 as amended provides the object for which the constiution is established fs the registration and supervision of the conduct uf politcal parties “ imaecortarce withthe constitution a his Act Sie 6 2) pepvikes without prejudice tw the penerality oF sab soetin

(1) Ht shall be the fanetion of the Constiation

a @ ‘Yo monitor the affairs or conduct of political parties so as to ensure their Compliance with the constitution, the Act and with the terms and conditions of thei registration © todo al such things as well contribute to the attainment of the object Stated in sub section (1)

sec 14(1) ofthe Political Parties Act No. 3 of 2002 as amended provides:

+ apolitical party shall not have asa founding membér or as a leader of the party or a member of the executive body whether national or otherwise; a person who is not qualified; to be elected as a member of parliament under the Constitution sec 35 (4) ofthe Constitution of Sierra Leone Act No. 6 of 1991 provides:

“no political party shall have as a leader a person who is not qualified to be elected as a member of parliament” 76 (1) of the Constitutjon of Sierta Leone Act No. 6 of 1991 provides: No person shall be qualified for election as a member of parliament. sec 76(1)(h) I he is for time being the president, vice president, a minister or a deputy minister under the provision ofthis Constitution, ‘The Sierra Leone Peoples Party (SLPP) is a registered political party in Sierra Leone. ‘The Peoples Movement for Democratic Change (PMDC) is a registered political party in Sierra Leone. The leader of the Sierra Leone Peoples Party is Mr. Solomon Ekuma Berewa who incidentally is the Vice President of the Republic of Sierra Leone and was such when on the 4" September 20085 he was elected leeder ofthe said party at convention held in Makeni ‘The petition secksfove determined whetherin the light of the aforesaid provisions of sec. 14 ‘(ofthe Political Panes Act No, 3 of 2002 (as amended and sec. 35 (4) and 76 (1) (h) ofthe constitution of Sierra Lgone Act No. 6 of 1991, Mr. Solomon Ekuma Berewa as vice President of the Republic of seers Leone and leader of the Sierra Leone Peoples Party (SLPP) is-no 1 Somtreventng the alrementioned provisions Its further submitted that the answer to the preceding paragraph is in the allirmative then you petitioner request chat immediate steps be taken w invoke the provision of section 27 (1) (b) of ‘Act No. 3 of 2002 as amended in conformity with the spirit and intendment of see. 6 (1) (2) (a) and 2) (@) ofthe said Aes See. 27(1) (I) of Act No. 3 of 2002 as amended provides without prejudice to any other penalty prescribed by the Act o any other enactment the commission may apply to the Supreme Cour for an order to cancel the registration of any politieal party where that party has contravene any provision of the consist or the Act.

var it Ana Bias ‘i Anterim Seeretary-<icneral (PMDC)

n 135 3 It is obvious that Appellant was bringing to the notice of the Commission the purported Violation of the Conititution and the act, and was asking the Commission to invoke thous Gonstintion. Pnjaces Based on this petitioh, the Commission gave a decision which is the subject of the appeal before us. I shall hereunder reproduce the decision and | quote: x “As an ordiary. citizen Solomon Ekuma Berewa is qualified to become a member of parliament but While serving as Vice President of the Republic of Sierra Leone he ‘eannot becore a member of parliament atthe same time”. ‘This is so because of the existence of the separation of powers as no one individual citizen can become & member of two or all three arms of government simultaneously that is: 1. ‘The Legislature which comprise the Speaker and Members of Parliament 2. ‘The Executive comprising the President, Vice President and the Cabinet 3. ‘The Judieiary comprising the Chief Justice and Members of the Superior Court of ludicature. Because of the afotenyehtioned, the Political Parties Registration Commission is of the view that Solomon Ekuma Berewa is qualified to contest for the office of the Presidency of the Republic of Siera Leone.” ‘The Appeal It was the above decision of the Commission that precipitated the appeal to this court by the I" and 2™ Appellants. Particulars of misdinéétion and error of law respectively That the gaiimission erred in considering Mr. Solomon Ekuma Berewa response } dated 28" June 2006 purportedly made in response to the appellanUpetitions dated V6the Jule 2606 was a response fo the respondents.

2. That the cémmission in is deliberation and hence decision filed to appreciate that sec. 15 of the Constitution of Sierra Leone 1991 Act No. 6 1991 aforesaid should have been fead subject to sec 76 (1) (h) of the said Constitution.

3. That the edimission in its deliberation and conclusion misconceived the spirit and intent of sec. 76 (1) (h) of the said Constitution.

Grounds of Appeal

1. That in the light of sec. 34, 35, and 76 of the Constitution of Sierra Leone 1991 Act No. 6 of 1991 in particular section 35 (4) 76(1) (h) of the said constitution as well as the provision of sec. 6(1) and (2) (a-e) 14 (1) and 27 I(a) and (b) of the Political Parties xct 2002 Act. No. 3 of 2002 uy amended the Political Parties Registration Commission jn its decision of the 21* day of July 2006 failed to address the crucial and all imporiant question contained in the appellanvpetitioners petition of the 16" June 2006: as to whether inthe light of the aforesaid provisions of sec. 14 (1) of the Political Parties Act No, 3 of 2002 (as amended) and 35 (4) and 76 (1) (h) of the Constitution of Sierra Leone Act. No. 6 of 1991. Me. Solomon Ekuma Berewa as vice Presiit of the Republic of Sierra Leone and leader of the Sierra Leone

* Peoples Party (SLPP) isnot contravening the aforementioned provision commission +" proceeding Wo determine the said petition iw the absence oF its

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