Raymond S Kargbo v Attorney General & Minister of Justice (CIV APP 29 of 2020) [2022] SLCA 3 (18 December 2022)

CIV. APP. NO. 29/2020 IN THE COURT OF APPEAL OF SIERRA LEONE IN THE MATTER OF THE CONSTITUTION OF SIERRA LEONE 1991, ACT NO. 6 OF 1991 SECTIONS 147 ~ 150 (INCLUSIVE) IN THE MATTER OF CONSTITUTIONAL INSTRUMENT NO 64 OF 2018 THE COMMISSION ‘OF INQUIRY NO. 64 OF 2018 (INQUIRY AND INVESTIGATION NOTICE (1) 2018 THE JUSTICE BIOBELE GEORGEWILL COMMISSION OF INQUIRY BETWEEN: MR. RAYMOND SAIDU KARGBO - APPELLANT Boundary One Community IMMAT Freetown ‘AND ATTORNEY-GENERAL & MINISTER OF ~ RESPONDENT JUSTICE Guma Building Lamina Sankoh Street Freetown.

Coram

Hon. Mrs. Fatmatta Bintu Alhadi J.A. = Presiding Hon. Mr. Komba Kamanda J. A Hon. Mrs. Tonia Barnett J.A Counsel: AS Sesay Esq - For the Appellant B. Koroma Esq E.B. Kargbo Esq E,W. Conteh Esq ‘A Suwu-Kendoh (Mrs) - For the Respondent MP. Bangura Esq A. Lansana Esq, COI Appeal ~ Raymond Saidu Kargbo v A-G & Minister of Justice December 2022 1

JUDGMENT DELIVERED THIS 19th DAY OF December

1, Alhadi_J A: On the 19th day of October 2020 a Notice of Appeal was filed by the Appellant on 6 grounds of appeal. Synopsises were filed by both parties and on the 14!" of November 2022 an oral hearing was held. The grounds of appeal are as follows: Ground 1

2. The Hon. Biobelle Georgewill erred in law and acted in violation of Section 150 of the Constitution of Sierra Leone, Act No. 6 of 1991, when he proceeded to conduct the Commission of Inquiry without the ‘rules regulating the practice and procedure’ of all Commissions of Inquiry to be prescribed by the Rules of Court Committee (“ROCC") through a constitutional instrument, as provided for under section 150 aforesaid. Particulars

(a) The Hon. Justice Biobelle Georgewill erred in law and acted outside the remit of his mandate, when he illegally and without due constitutional process reached the conclusion that the Commission of Inquiry is constitutional, legal, and valid in law".

(b) The Hon Justice Biobelle Georgewill found and ruled at Paragraph 1.5 page 19 of volume one of the Commission's Report that “Regrettably, and in a practice that leaves much to be desired, Joseph Fitzgerald Kamara, Esq., learned Senior Counsel to H.E.

COI Appeal ~ Raymond Saidu Kargbo v A-G & Minister of Justice December 2022 2

Dr. Ernest Bai Koroma, former President of Sierra Leone,

a Person of Interest before this Commission of Inquiry

had once again canvassed extensively the issues of

Jurisdiction and legality of the Commissions of Inquiry

in his written final submissions. This Commission

reiterates, adopts, and incorporates its valid and

subsisting ruling delivered on this issue on 14/2/2019,

and once again holds firmly that this Commission of

Inquiry is constitutional, legal, and valid in law".

Ground 2

3. The Hon. Justice Biobelle Georgewill erred in law when

he proceeded to indict the Appellant for the offence of

“Abuse of Office”, an offence provided for under

Section 42 of the Anti-Corruption Act No. 12 of 2008 and

the offence of “Abuse of Public Trust”. The Commission

of Inquiry is an investigating mechanism with limited

adjudicatory powers, but never a trial court for criminal

offences established under the common law or statute. Particulars

(a) Hon. Justice Biobelle Georgewill made adverse

findings, against the Appellant herein, at page 5 of

the Commission's Report, volume one under the rubric

“Persons Indicted”, when he stated “On Abuse of

office: The following indicted public officials and their

collaborators who were all involved in gross abuse of

their offices in the reckless manner in which they dealt

with the finances of the Ministry or Department or

agency of Government put under their care and

failure to provide the required leadership, direction

COI Appeal - Raymond Saidu Kargbo v A-G & Minister of Justice December 2022 3

control and supervision, namely 35.Dr. Raymond Kargbo, former Director General, Petroleum Directorate."

(b) Further at paragraph 6 of the Conclusion: Persons Indicted: The Hon. Justice Biobelle Georgewill found that “At the conclusion of the investigations, and upon consideration of the evidence and the findings made thereon, the following 84 persons made up of former and serving public officials and their collaborators were indicted and recommendations made against them, namely: Two indicted former Director Generals

(2) Dr. Raymond Kargbo.”

(c) The purposes for which the Commission was created are to, inter alia, investigate whether assets were acquired lawfully or unlawfully in respect of persons who were (i) President (ii) Vice Presidents (iii) Ministers and Deputy Ministers (iv) Heads of Departments and Agencies within the period 2007 to April 2018 (the period covering the reign of the former President Dr. Ernest Bai Koroma) and not to conduct a criminal trial and impose sentence on the Appellant herein, in the guise of adverse findings.

(d) The Hon. Justice Biobelle Georgewill erred and without authority, indicted the Appellant for the offences of Abuse of office and Abuse of Public Trust, a power that was not conferred by Constitutional Instrument No. 64 of 2018 that established the Commission. The Commission was rather empowered to inquire/investigate/examine and make recommendations but never to “INDICT. The Hon.

CO! Appeal — Raymond Saidu Kargbo v A-G & Minister of Justice December 2022 4

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