Petition against The Election of His Excellency Dr Ernest Bai Koroma as the President of the Republic of Sierra Leone as per the Declaration of the Result of the Presidential Elections of 17th November 2012 (SC 4 of 2013) [2013] SLSC 4 (14 June 2013)

se.no.sn0n am io Ti surstnae COURT OF ERA LEONE ey 1N THE MATTER OF A PETITION AGAINST THE ELECTION OF HIS EXCELLENCY DR Elo Bal Kotha as FRESIDENT GF THE REPUBLIC OF Soe LEONE AS 9 TE DECLARATION OF THE RESULT OF THE PRESIDENTIAL ELECTIONS OF 17™ NOVEMBER, t 2012 BY THE CHIEF ELECTORAL COMMISSIONER AND NATIONAL RETURNING OFFICER, DR. CHRISTIANA A.M. THORPE IN TERMS OF SECTIONS 32(1), 33, 36, 45(1), 49(1), 122(3) T TRIN) AND AX) AMONG OTHERS) OF ie CONSTIURGN GE Site LER Ret NO.6 OF 1991; OF SECTIONS 51(3), 52(2), 55, 94, 161(1), 162 AND 168(2) (AMONG OTHERS) OF THE PUBLIC BLECTIONG AC NOW OF 212° AND Hee BLSEION SewTION HULSE STATUTORY nT AO Os Ss, 1\ THe MATTER FURTHER OF SECTIONS 7, 8547915298 AND 147 AMONG OTE) OF Taz PUBLIC EUECHION act Nos OF IE AND AL96 OF te Busca aarpeenes CODE FOR POLLING ND COUNTING 2012 PRESIDENTE, PARLLAMENTR AND LOCAL COUNCIL SUE NY MATION Eben Coons bs Te MATTER FURTHERMORE OF SECTIONS 34) AND 7 (AMONG OTHERS) OF ‘THE CONSTITUTION OF SIERRA LEONE, ACT NO.6 OF 1991; OF SECTION 14(1) OF THE POLITICAL PARTIES ACT, NO.3 OF 2002; AND OF SECTION 44(2)(D) (AMONG OTHERS) OF TE PUotic eecTONs ack No orb DIME MArTeR STILL FURTHERMORE OF SECTION $5) OFTHE RUDLIC ELECTIONS act Nou oF 41 OF ORDER 3 SUSRULIG SU) & 0) GF THE HGH COURT RUGS A CONSHIUTONAL INSTRUMENT NOS OF 2008 GF RULES OF TE SuPREME Count RULES, PUBLIC NOTICE NOt OF (98: AND OF SUBRUL st CaMONO OFTEN Of SE ELECTION PETITION RULES, STATUTORY INSTRUMENT NO.7 OF 2007. BETWEEN: 1, John Oponjo Benjamin = 1 Petitioner/Respondent * National Chairman & Leader, Sir Leon Poole Pay LPP) 15 Wallace-Johnson Street, Freetown

2. Julius Maada Bio - 2 Petitioner/Respondent Preset Cant & Flag bearer (SLPP 2012) 15 Wallace-Johnson Street, Freetown

3. Dr. Kadi Sesay (Mrs.) - 3" Petitioner/Respondent Vice-Presidential Candidate & Running Mate (SLPP 2012) 15 Wallace-Johnson Street, a ae & oe, oF fas Cakbes 7 is * Gorack OOS eo Beau

1. Dr. Christiana Thorpe - I Respondent/Applicant National Returning Officer + Chief Electoral Commissioner/ Chairperson National Electoral Commission OAU Drive, ss Tower Hill, Fs Freetown,

2. National Electoral Commission (NEC), - 2" Respondent/Applicant OAU Drive, Tower Hill, Freetown.

3. Victor Bockarie Foh - 3" Respondent/Applicant ‘National Secretary-General Al Peoples Congress (APC) * Old Railway Line, Brookfields, Freetown. 5 4, All Peoples Congress Party - 4" Respondent/Applicant (Old Railway Line Brookfields Freetown

Coram

HON. JUSTICE U.H. TEJAN-JALLOH — - CJ HON. JUSTICE P.O. HAMILTON ~ISC HON. JUSTICE V.V. THOMAS -ISC HON. JUSTICE V.A.D. WRIGHT ~ISC HON. JUSTICE V.M. SOLOMON -JA COUNSEL: * Berthan Macauley Jnr, S.K. Koroma, Alpha Jalloh, JM. Fornah-Sesay, Emest Beoku Betts, R.A. Nylander and Miss J. Wellington for the 3" and 4" Respondents/Applicants ‘Ms. G. Thompson for I and 2™ Respondents/Applicants Dr. Bu-Buaki Jabbi, E.A. Halloway, S. Banja Tejan-Sie, A.Y. Brewah, J.K. Lansana, E.N.B. Ngakui, HM. Gevao, $.S. Thomas and A.B.S, Sangarie for Petitioners/Respondents.

RULING peLiverep on THE _/ UE pay oF JUNE. 2013,

41. The first Petitioner/Respondent is the leader of the Sierra Leones Peoples Party and the second and third Petitioners/Respondents were unsuccessful candidates in the + + Presidential election held on the 17" November, 2012. They lodged the Election a Petition dated 30" day of November, 2012 seeking that the election was invalid and Emest Bai Koroma was not duly elected.

2. On the 14" December, 2012, the Solicitors for the 1" and 2"! Respondents/Applicants

filed a Notice of Motion seeking, inter alia, the following orders;

(@ That the Petitioners/Respondents have failed to comply with Rule 6(1) of the Election Petition Rules 2007, in that no notice signed by the Petitioners/Respondents or on their behalf giving the name of a legal practitioner authortzed to act as their agent has been filed

Gi) That the Petitioners/Respondents have failed to comply with Rule 12(1) of the Election Petition Rules 2007 in that the Election Petition together with 4 Notice of compliance with Rule 14 of the aforementioned rules has not been served on the 1" and 2™ Respondents/Applicants within S days or at all.

(ii) ‘That the Petitioners/Respondents have failed to comply with Rules 13 of the Election Petition Rules 2007 in that no affidavit of time, place and mannet or service of the Petition has been filed within three days of

| __Service of the Petition or at all,

Gu) That the Petitioners/Respondents have failed to comply with Rule 14(1) of the Election Petition Rules of 2007 in that the Petitioners/Respondents have failed to give security for payment of all costs, charges and expenses. Which should be in the form of a deposit of the sum of Lel,000,000 as stipulated in Rule 14(2) of the Election Petition Rules 2007.

(¥) That the Petitioners have wrongly and unlawfully joined the 1* and 2 Respondents/Applicants as parties to the action without any legal provision for the joining .of the 1* and 2" Respondents/Applicants as

¢ : parties to an election petition.

(vi) That the Petition was not filed within 7 days as stipulated in Section 55 of

«the Public Elections Act 2012 and Rule 5(1) of the Election Petition Rules

3. On the 13 December, 2012 the Solicitor for the 3rd and 4% Respondents filed a Notice of Motion seeking, inter alia, that the petition be struck out for contraventions of the following provisions to wit”

that the Petition was nat filed in the Supreme Court within seven (7) days of

the declaration of the results of the Presidential elections held on the 17° ‘November, 2012, contrary to the Public Elections Act, 2012, Section $5(2) and the Election Petition Rules, 2007, Rule 5(1), which said declaration was made i on the 23% of November, 2012.5 b. that at the time of the presentation of the Petition, the Petitioners/Respondents herein did not, severally, give security for the payment of costs, charges and expenses which may become payable by them to any witness summoned on their behalf or to any of the respondents herein contrary to Election Petition Rules 2007, Rule 14(1); ¢. that the Petitioners/Respondents, severally, have failed to give security in the form of deposit in the sum of Le1,000,000.00 and by recognizance of that same amount entered inta by two sureties nor by payment of deposit money in liew of any such recognizance contrary to Election Petition Rules 2007, Rule 14(2);

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