Samuel Hinga Norman v SLPP (SC 3 of 2005) [2006] SLSC 4 (7 September 2006)

er) Sb = 1 > S.C. NO. 3/2008 IN THE SUPREME COURT OF SIERRA LEONE i : IN THE MATTER OF AN APPLICATION PURSUANT TO SECTIONS 122, 124(1), 127 and 171(15) OFgQ¥E CONSTITUTION OF SIERRA LEONE, ACT NO.S OF 1991, ‘TOGETHER AND RULES 89 TO 98 INCLUSIVE OF THE SUPREME COURT RULES, STATUTORY INSTRUMENT NO.1 OF 1982 AND ORDER 21, RULES OF THE SIERRA LEONE HIGH COURT RULES (1960) IN THE MATTER OF SECTIONS 34, 35(1),@), (4), & (@) 54(1) TO

(4) INCLUSIVE; 64 (4; 76 (2) (&); AND 108

(8) AND () OF THE SAID CONSTITUTION OF SIERRA | _ LEONE AND THE THIRD SCHEDULE THERETO. IN THE MATTER OF SECTIONS 6, 14(), 24 27 AND 29 OF THE POLITICAL PARTIES ACT, NO.3 OF 2002, AND SECTION 13 OF THE STATE PROCEEDINGS ACTNO.14 OF 2000 | AN THE MATTER OF CLATSEE IV(A)(D}; IV(AV@N; VUXCEAND VW) & (9, OF ‘THE CONSTITUTION OF THE SIERRA LEONE PEOPLE'S PARTY (SLPP), DATED JULY 1995, AND ALSO OF THE PARTY CONFERENCE OF THE SAID SLPP HELD ON 3" AND 4™ SEPTEMBER AT MAKENI. BETWEEN SAMUEL HINGA NORMAN PLAINTIFF/RESPONDENT AND TIE SIERRA LEONE PEOPLE'S PARTY (SLPP)_ I" DEFENDANT/APPLICs nu. CESS < ALHASIUNS. JA eee ‘National Chairman, SLPP- 2" DEFENDANT/APPLICANT

gue

. JACOB J. SARFA + National Seeretary-General, SLPP 3*° DEFENDANTIAPPLICANT (All foregoing being of 15 Wallace Johnson Street, Freetown) ATTORNEY-GENERAL AND MINISTER OF JUSTICE. 4™ DEFENDANT

Coram

HON JUSTICE ADE RENNER-THOMAS CJ > HON JUSTICE SIR JOHN MURIA JSC HON JUSTICE S.C. WARNE JSC HON JUSTICE V.A.D. WRIGHT JSC HON JUSTICE M.E. TOLLA-THOMPSON JSC Hearing: 7 and 16 December 2005, and 25 April 2006

Judgment

7 September 2006 Advocates: Dr, Bu-Buakei Jabbi for the Plaintiff, E-Halloway, D.B. (uee and A. Brewah for 1*, 2% and 3 Defendants : LM.Farmah, E.Roberts, Osman Kanu and A. Sesay for #* Defendant Delivered this 77& day ot Leplemborr006 A Z | MURIAJSC: So far as we know, Samuel Hinge Norman (the plaintiff in the present ase) is the same person and plaintiff in the previous action, Samuel Hinga Norman v Dr. Sgpa S. Banya (National Chairman, SLPP), Dr. Prince Harding (National Secretary. General, SLPP) and The Sierra Leone People’s Party (SLPP) S.C. No.2/2W)S « 1g (SC205"). The first defendant in the present proceedings isthe same politcal party, “) © Sferra Leone People’s Party (“SLPP”) and third defendant in SG:2/05. The present “second and third defendants are the National Chairman and Naiional Secretary-General . s=spectively, of the SLPP and they replaced Dr. Sama S. Banya and Dr. Prince A.

ee : 7 Harding who were, respectively, the first and second defeadants in $C.2/05, ‘The Parties in both cases are the same, save for the addition of the Attomey-General and Minister of Justice inthe present proceedings. ‘ The factual background ‘To appreciate the circumstances of the present case, S.C. No. 3/2005 (SC.3/05), it would be sefil to ascertain the background leading o the present proceedings. It is important ‘o note that the primary facts giving rise to the present case are the same as those in SC.

1m July 2005 the National Executive Council ("NEC") of the SLPP held a meeting in Freetown and decided that a Party Conference of the SLPP be held at Makeni in the Northern Province of Sierra Leone on 19" and 20* of August 2005. The SLPP is one of : the political parties in Siena Leone registered under the provisions of the national Constitution (“the National Constitution”) and the Political Parties Act 2002, No.3 of 2002 — ("the Political Parties Act"). One of the purposes of the Party Conference was to lect the Party's Presidential Nominee forthe 2007 elections, who under clause V (2) (C) of the 1995 Constitution of the SLPP (“the SLPP Constitution”), automatically becomes the Party Leader after such election. ‘The plaintiff was of the view that it was too early to choose a Presidential Nominee for {he Party anytime in 2005 forthe Presidential Elections in 2007. Being unhappy with the Party's National Executive Council's decision to proceed with the election of ie Presidential Nominee of the SLPP at the Party Conference scheduled to be held on 19th- | 20" August 2005, the plaintiff commenced the proceedings in $C2/05 seeking a number of declaration and a permanent injunction against the 1", 2™ and 3" defendants who are the same three defendants (in their official capacities) in the present action, The defendants by their Counsel gave an undertaking thatthe Party would not proceed with the proposed Party Conference and election of the Party’s Presidential Nominee until the i matte ad been determined. The plaintiff by his Counsel gave a cross-undertaking as to damages.

aS q| — 4 ‘The plaintiff's action in SC.2/05 was heard on 17 August 2005 and determined by this court on 31st August 2005, striking out the plaintiff's action for want of locus standi, ‘Thereafter the SLPP proceeded with the Party Conference at Makeni on 3" and 4* 7 September 2005, at which occasion tie. incumbent Vice President, Solomon Ekuma Berewa was elected Leader and Presidential Nominee for the SLPP for the 2007 Presidential Elections defeating three other rivals, namely Joseph Bandabla Dauda, (Charles Francis Margai and Julius Maada Bio. As an aspirant to be Presidential Nominee for SLPP, the plaintiff is again renewing his ‘same challenges to the actions taken by the Party. He commences these proceedings again as a private individual citizen and “in the general interest of maintaining and Upholding the National Constitution” and keenly concemed that his Party (the SLPP) maintains its pristine democratic credentials and tradition consistent with the National Constitution and the rule of law generally, the same footing upon which he commenced his action in SC.2/05. 3 Byan Originating Notice of Motion dated 27 October 2005, the plaintiff claims a number [of declarations. I set vut thse declarations so as to appreciate the resemblance of the present action to that of SC.2/5. The declarations and orders sought are: :

1. A DECLARATION to the effect that the nomination, election, selection, choice, (or adoption, as the case may be, by the 1” Defendant herein, on 4* September | 2005, at its Party Conference held at Makeni on 3" and £* September, 2005, of Solomon Ekuma Berewa as the Leader (Presidential Nominee) for the Sierra . _heone People's Party (SLPP), whilst, at the self-same material, the said Solomon 1 Ekuma Berewa was the Vice-President of Sierra Leone under the provisions ofthe Constitution of Sierra Leone 1991, was and is inconsistent and incompatible with ‘and in contravention and violation of subsections 35(4) and 76(1)(h) of the said ‘ National Constitution of Sierra Leone, and was and is accordingly

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