Samuel Hinga Norman v Dr. Sama Banya (SC 2 of 2005) [2005] SLSC 5 (1 August 2005)

S.C. NO. 2/2005 IN THE SUPREME COURT OF SIERRA LEONE IN THE MATTER OF AN APPLICATION PURSUANT TO SECTIONS 122; 124(1), 127 AND 171(15) OF THE CONSTITUTION OF SIERRA LEONE, ‘ACT NO.6 OF 1991, AND RULES 89 AND 98 INCLUSIVE OF THE SUPREME. + COURT RULES, STATUTORY INSTRUMENT NO.1 OF 1982 IN THE MATTER CF SECTIONS 35(1), (2), (4) & (6); 4(b); 42(1); 43(a) & (b); 46(1); AND 76(1)(h) OF THE SAID CONSTITUTION OF SIERRA LEONE IN THE MATTER OF SECTIONS 6, 14(1), 24, 27 AND 29 OF THE POLITICAL PARTIES ACT, NO.3 OF 2002. IN THE MATTER OF CLAUSES 11(4); IV(A)(1); IV(A)(3)(i); IV(B)(5)(b), (c) & (i); V(A)(0) & (@); V(2X(C) & (@); VI(D) & (*), AND X OF THE CONSTITUTION, OF THE SIERRA LEONE PEOPLE'S PARTY CONFERENCE OF THE SAID SLPP SLATED FOR 19-20 AUGUST AT MAKENI. BETWEEN: ‘SAMUEL HINGA NORMAN PLAINTIFF -AND- DR. SAMA S. BANYA 18" DEFENDANT National Chairman, SLPP- Dr. PRINCE HARDING 2° DEFENDANT National Secretary-General, SLPP THE SIERRA LEONE PEOPLE'S PARTY (SLPP) 3° DEFENDANT (All Defendants being of 29 Rawdon Street, Freetown)

Coram

HON. MR. JUSTICE AR.D.RENNER-THOMAS - CHIEF JUSTICE HON. MRS. JUSTICE V.A.D. WRIGHT ~ 9 38¢ - HON. MR. JUSTIC? Mic. TOLLA-THOMPSON = J.S.C HON. JUSTICE SIR JOHN MURIA 1,5 JM HON. MR. JUSTICE JON KAMANDA - A DR. BU-BUAKE! JABB! for the Plaintif EA HALLOWAY ESQ; D.B. QUEE Esq.; E.£.C. SHEARS-MOSES Esq,; and

ae 264 A. BREWAH Esq.; for the Defendants. JUDGMENT DELIVERED THE DAY OF AUGUST, 2008. RENNER-THOMAS, C.J. The Plaintiff, Samuel Hinga Norman, describes himself for the purposes of the action herein as a member of the Sierra Leone Peoples Party, the eS Third Defendant herein, (hereinafter referred to as “the SLPP’)

“who aspires to be Presidential Candidate at the 2007 Presidential elections, but

who is keenly concemed that the pristine democratic credentials and processes

of the SLPP are maintained, entered and facilitated in all its internal structure, organization, operations, programmes, activities and functioning’.

‘The First Defendant herein, Dr. Sama Banya, is described as the National Chairman of the SLPP. The Second Defendant, Dr. Prince Harding, is described as the National Secretary-General of the SLPP. The SLPP is a political party registered pursuant to the provisions of the Constitution, Act. No.6 of 1991(hereinafter referred to as ‘the National Constitution”) and the Political Parties Act, No.3 of 2002 (hereinafter referred to as the “Political Parties Act’)

Apparently, some time in July 2005 the National Executive Council of the SLPP (hereinafter referred to as ‘the NEC") held a meeting in Freetown and took a decision that a Party Conference of the SLPP was going to be held in Makeni in the North::n Region of Sierra Leone on the 19” and 20" day of August 2005. Among other things, it was proposed to elect the Presidential Nominee of the SLPP for the 2007 elections who, pursuant to Clause V(2)(c) of the 1995 Constitution of the SLPP, automatically becomes the Party Leader of the SLPP after such election.

‘According to the Statement of the Plainti's Case the Plaintiff is of the view that itis too premature to choose a Presidential Nominee for the SLPP anytime in 2005 for the Presidential elections due to be held in 2007. Apparently, it was the Plaintif's dissatisfaction with the decision of the NEC of the SLPP to go ahead with the election of the Presidential Nominee of the SLPP at the Party Conference scheduled for 19” ~ 20” ‘August 2005 that prompted the Plaintif to institute these proceedings.

‘The Plaintiff commenced this action by way of an Originating Notice of Motion dated 27" day of July 2005 invoking the original jurisdiction of this Court, according to the title uf

¢ the action, pursuant to sections 122, 124(1), 127 and 171(15) of the National Constitution. By this action, the Plaintiff seeks from this Court several reliefs, four by way of declarations and one injunctive, the text of which | hereby set out in extenso:-

“1, A DECLARATION to the effect that the Constitution of the Sierra Leone

+ People's Party (SLPP) dated July 1995 (hereinafter also called “the ‘SLPP Constitution”) is the authentic currently applicable Constitution of the Sierra Leone People's Party (also herein called ‘the Party” or “the ‘SLPP? for the purposes of the functioning and operation of the Party in terms of the National Constitution and the Political Parties Act, No.3 of

2 ADECLARATION to the effect that, where an incumbent President of the ‘Republic of Sierra Leone was originally elected thereto in compliance with the folfowing provisions in the respective Constitutions as cited herein below, among others, to wit.

) ato the SLPP Constitution: a) Clause IV (A)(3)() thereof, ) Clause V(1)(o) and (4) thereof, ©) Clause V(2)(c) thereof, being under the rubrics “Duties of Officers” and “Leader, and ) Clause Vi(b) and (f), and i) a8 to the National Constitution a) section 41(b) thereot, 1b) section 42(1) thereof; and ©) section 43 thereof, then, jn that case, the following interpretive conclusions are or would be, each by itself, within the spirit, intendment, contemplation, and indeed inescapable force and effect, of

z the said SLPP Constitution, viz:

(1) That the SLPP Constitution makes no express or specific provision for the ‘substantive independent existence, or forthe direct nomination, election, ‘selection, choice or identification, as the case may be, of the Leader of the

7 SLPP as such, but, rather, that any such nomination, election, selection, choice or identification, as the case may be, of the said Leader takes place ‘only indirectly as a consequential or derivative issue from the process of ‘nominating, electing, selecting, choosing or identifying, as the case may be, the Party's Presidential Nominee forthe next pending national Presidential

e election

(2) That the postion of Leader ofthe SLPP isnot a free-standing office or status in its own right, but rather, that tis, by vitval definition, dependent upon the position of Presidential Nominee forthe said party, thereby making it so intertwiniad or associated with the Office of State President at any time when an SLPP member holds the said Presidency as to make the two postions indivisible and inseparable one from the other at all such times.

(3) That at anytime when the SLPP is in power and/or a member thereof is the lawful incumbent President of Sierra Leone, he two positions of Leader ofthe party and State President may or can only be either held together and jointly o relinquished together and jointly, and never otherwise at any such time, so that an incumbent thereof may not selectively relinquish ‘one of them and yet hold or seek to continue holding to the other, nor may ‘wo different persons at one and the same time or simultaneously hold the ‘wo positions separately, /.e, one position fo one of them and the other to the other.

(4) That the SLPP Constitution makes no express or specific provision forthe Substantive independent existence of, or for any nomination, election, selection, choice or identification (as the case may be) of, a Leader of the SLPP as such, at anytime when the said Party is either not_in power or not providing the incumbent President of Sierra Leone or when @

= national Presidential election is not immediately due to be held.

3. ADECLARATION to the effect that, in view of the folowing Party and National constitutional and other legislative provisions respectively, among others, to wit:

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