S v Alghassim Jah (SC MISC APP 1 of 1994) [1995] SLSC 7 (1 January 1995)

ou SC. MISC, APP. 1/04 BETWARN:~ mE State - RISPONDENT . vs ALCHASSIM JAH - APPLICANT AP. Serry-Henal Boq. for txe Ayslicant Attorney-General & S03 for ihe State/Respondent CORAL: ~ Hontir.Justice S. Becelés’ Davies ~.ig.-CaJ. - Prosiain Hon,-Mr, Justice .¢.8, Warne ~ 538.0. Hon, Mr, Justice 3.0, Thompson-Davis - 38.0. Hon, Mr, Justice M0, Adophy sesteg Hon. Mr. Justice A.B. Timbo = Teds ser BRICLUS DAVES AG. G.J.:~ This io an application for an Order of Cextiorari to remove the indictaont preferred agains’ Lance Corpore? STi/18166316 Corporal Sidique Sallu Jah ada Lance Corporal 16163974 AMghassiu Joh and all proceedings aubsoguent “ioreto at the Republic of Sierra Teone Militaryzorcos Oourt Mortiel Uolden at Freetown ana the ruling of the Monourcble lr, Justice 3.4, thomas, Judge Advocate, before the said Court Martial dated the 16th day of

August 1993 for the sane to be quashed} and that the a tence bt entire procovdings including the conviction end sentence be ahpeay se on behalf of Lance Corporal This lication is mau Adgh: ne who was tricd and convicted on the following anni J indictment:- 7 Jotatenent

ay 20S SRATIECID OP opyp0 , Comet tii i Ang 2 Civil Offence that io to say Robbery with Ageroavati in 7 to ch 4 ‘ation, conirery to “ootion 23 (1) (a) of the larceny Act 1916 (ae wengea), EREUELY OH Ope 81M/15163974 Lonce voxored ‘Tghassiia Jah and SEA/ 16166316 Lance Goimo-.o3 ‘Adicue Sallu Joh solaiere of the “Republic of Sierra “eone i424 tary Forces being subject to Military lew wador wo Republic of Storra Leone Military 10, Porees Act, 1964 (as azonéea) on Sunday tho 13th day of Apri), 1993 at Murreytom Preciom in the ‘estern Area of the Republic of Sierra Leone being together robbed Dertnan Mocanley (Jnr,) of a Gar (iereedes Benz 1908) registration Me. SB 333 with its contents; that is to say one opare tyre with rim, to Zay Zan cunglanses end onc radie cassetie ployer of io value of 1e8,209,000.00. . S, wispey - : S285. couEEe The epalicanto. owls rollicf on the following 20, Grounds:

%. The applicant: Sving subject to military law, was exuaged with @ emininal offence under the general _ cwisiach lew end prosecuted before a ilitary court—nartial,

2. The applicantos beigg subject to ailitery low wa charged on an indictment which was eigned by a State Counsel and wied before a ailitory Court-mertial.

x 34, the apnlicant boing vubject to militery lav was ! * " gnenged on an indictront before a military |

3. ‘C06 Coumt-aertial wien aia not comply with sallitery doy, Can thie court grant ayy Spplicction? It is made under ‘the provisions of Zeotim 125 of tap Constiimtion OF Sierra Toone 1991 (“iro Sonstivation) sich proviges "125 The suprene Gury shel. have supervisory jurisdics

von thon over ll ethor dourtn in Siecra Teone and over am alfuddocting auitoutiys ant in exereice of ite supervig SOFy SWeisiiction oll? hive over to isoue such directions, orders or wits ineluding writs of habeas CoFMS, orders of cortiorari, mandamwe ond prohibition a8 it may consider appropriate for tho purposes of Snforeing | and securing the onforcement of its supervisory zovers,"

‘he Court-martial ia which the applicant was tried has its foundation in iho .ieyublie of tiierwa Teone ‘Hilitary Forces Aci 1961, It is pert of Wie oxivting law" of Siorra Leone which is defincd in tection 170 (4) of *ne Constitution as comp— rising

Seeesceseth® weit.oa cad uutition lave of Sierra Leone

as they oxicied imediately before the dete of the coming

into force of tiic Cons‘d miion and any statutory instru-

ent iosued ox jsde Dofore that date which is to eome

into fores on or afior tat date."

Tho offeot of ihe oxisting lay after tho comencemant of "the Constitution is cot out in subsection (5) of Segtion 170 thus "(5) subject to tno provisions of thie section ;

“lew shall ve construed with such modifications,

aAamtationg, cualificatione end exceptions ae

ae cvuy “ay Ye noceasary to Unins 4% nto conform ty With the provisions of tic Gonotiiution or otwritiae 40 give afvect to or onable effect to be Givea to say chases ofzected vy thieDoastitation.® (Baphenis Supplica)

she provisions o2 the uomblic of fiorra Tene Military Vorces ict 1961 torvfore coxtimo to be operative after the cowoncaut of Me Constitution",

Unéor the law of Lnglaad, tore is a right of appeal to the Court of Appeal in witition to that of applying for tue writs of Lebeas cozyas ast orders of mondams, cortior: aud prohibition, A sinilar oituetion exieted in the lew of Siorva Joone until 15th April 1971, Gee 129 of the Siexra Leone tilitary Poreus4c% 1961 ("the principal set") which wos operwtive until ite subsequent repeal had contair

the following rovisiows ~ 1429 Subject to tio following provisions of thie Tort, oa qpyecd oil. Le froa Gecisions of a court-nertich to t.. Court of Appeal with the lenve of tes Court: Pup ticts te,

Provided tua an apyect as aforesaid shall bo as of Bight witsout Jeeves fvo any decision of @ court-martial involving @ sentence oF death."

ane ayert! (gare VE) referred to in ceotion 129 syana Sections 125 to 147+ Tt dealn wits the right of appeal ond procedure in appoalo fro courte-nartiols

Section 6 of the Reyublic of Sicvra Toone Military Porous (duonduent) cdot 1971 (“the Seal ae) waich Deore oporative on 16 Hardt is) ica ‘the

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