Samura M.W. Kamara And Two Others v Mohamed N"fah A. Conteh (SC CIV 7 of 2018) [2021] SLSC 36 (20 May 2021)

cael z! ae z We o>

. SCICIV. 6 AND 7/2018 \i Pe Dror sre

«0 D aa GS REQ” f/ B 2 T OF SIERRA L *! f (CIVIL JURISDICTION} a

INTHE MATTER OF A PETITION AGAINST THE ELECTION OF HIS EXCELLENCY JULIUS MAADA BIO AS PRESIDENT OF SIERRA LEONE AS PER THE DECLARATION OF THERESULT OF THE PRESIDENTIAL RUN-OFF ELECTIONS OF MARCH 31°! 2018 BY THE CHIEF ELECTORAL COMMISSIONER AND NATIONAL RETURNING OFFICER, MR. MOHAMED N’FAH ALIE CONTEH IN TERMS OF SECTIONS 32(1). 33. 136,42, 45, 9, 122, 124(1)(a) AND 127(1) (AMONG OTHERS) OF THE CONSTITUTION OF ‘SIERRA LEONE ACT NO. 6 OF 1991; OF SECTIONS 51/3), $2(2), $5. 94. 161(1). 161(2) AND 168(2) (AMONG OTHERS) OF THE PUBLIC ELECTIONS ACT NO. 4 OF 2012 AND THE ELECTION PETITION RULES, STATUTORY INSTRUMENT NO. 7 OF 2007. INTHE MATTER FURTHER OF SECTIONS 74, 85, 87. 91. 92. 93 AND 147 (AMONG OTHERS) OF THE PUBLIC ELECTIONS ACT NO. 4 OF 2012: ALSO OF THE MARCH 2018 GUIDE FOR POLLING & COUNTING STAFF ISSUED BY THE NATIONAL ELECTORAL COMMISSION: ALSO OF THE MARCH 2018 POLLING & COUNTING PROCEDURES ISSUED BY THE NATIONAL ELECTORAL COMMISSION AND THE ELECTIONS 2018 TALLYING AND RESULTS PROCEDURES ISSUED BY THE NATIONAL ELECTORAL COMMISSION. IN THE MATTER STILL FURTHER MORE OF SECTION $5(1) OF THE PUBLIC ELECTIONS ACT NO. OF 2012 F. ORDER 3, SUBRULES 2(1) &

(5) OF THE HIGH COURT RULES 2007, CONSTITUTIONAL INSTRUMENT NO. 8 OF 2007. OF RULES 98 OF THE SUPREME COURT RULES, PUBLIC NOTICE NO. 1 OF 1982: AND OF

STATUTORY INSTRUMENT NO. 7 OF 2007, 1|Page

| , BETWEEN: - pe DR. SYLVIA OLAYINKA BLYDEN : 15? PETITIONER/RESPONDENT 24 GARRISON STREET, FREETOWN AND x THE CHIEF ELECTORAL COMMISSIONER - 1ST RESPONDENT. NATIONAL ELECTORAL COMMISSION - 28 RESPONDENT. HIS EXCELLENCY JULIUS MAADA BIO . 38° RESPONDENT/APPLICANT SIERRA LEONE PEOPLES PARTY (SLPP) - 4™RESPONDENT/APPLICANT AND IN THE MATTER OF PETITION AGAINS” HE ELECTION OF HIS EXCELLENCY RTD. JULIUS MAADA BIO AS PRESIDENT OF SIERRA LEONE AS PER THE DECLARATION OF THE RESULT OF THE PRESIDENTIA\ ELECTIONS OF ‘31ST MARCH 2018 BY THE CHIEF ELECTORAL COMMISSIONER ANJ) NATIONAL RETURNING OFFICER, MR. MOHAMED N’FAH ALIE CONTEH IN TERMS OF SECTIONS 32, 33, 36, 38 42, 44, 45, 122(1), 122(3), 124(1)(A) AND_127(1) (AMONG OTHERS) CONSTITUTION OF SIERRA LEONE ACT NO. 6 OF 1991. AND INTHE MATTER OF SECTIONS2, 7,12, 13,16, 19,51(3), 53,532). $5.74, 85, 87, 90-4, 127, 61(1), 162 AND 168(2) OF THE PUBLIC ELECTIONS ACT NO. 4 OF 2012 AND ALSO OF THE UICK REFERENCE GUIDE FOR POLLING AND COUNTING 2012: PRESIDENTIAL, PARLIAMENTARY AND LOCAL COUNCIL ISSUED BY THE NATIONAL ELECTORAL COMMISSION. AND IN_THE MATTER STILL FURTHERMORE OF SECTIONS 45(5) OF THE PUBLIC ELECTIONS ACT NO. 4 OF 2012. AND IN THE MATTER STILL FUTHERMORE OF SECTION 14(1) OF THE POLITICAL

+ 2]Page

a RULING DELIVERED THIS 20TH DAY OF APRIL, 2021 BY JUSTICE

"DESMOND BABATUNDE EDWARDS CJ

BACKGROUND/INTRODUCTION THE ELECTION

.

1. On the 7" & 31% March 2018, Sierra Leone’s Presidential Election and the subsequent Presidential Run Off-Elections were respectively held in Sierra Leone. On the 13" of March 2018, the 2 Respondent, the National Electoral Commission (NEC) (hereinafter referred to as NEC) pronounced the 7" March 2018 Presidential Elections Results with the SLPP’s Candidate, Brigadier Rtd. Julius Maada Bio polling 43.257% of the votes cast coming first, while the APC Candidate, Dr. Samura Mathew W.Ison Kamara, came 2™ polling 42.676% of the votes cast.

2. As there were other candidates in this 7" March 2018 Presidential Elections and none polled the required 55% of the votes cast to emerge victorious and Preside-t of Sierra Leone, the 1* Respondent as Chief Electoral Commissioner & National Returning Officer was compelled pursuant to Section 42(2)(f) of the Constitution of Sierra Leone Act No 6 of 1991 (hereinafter referred to as ‘the 1991Constitution ') 10 set up the two candidates with the highest number of votes cast for a second round elections, the Presidential Run-Off Elections. The Presidential Run-off Elections were held on the 31* of March 2018 and on the 4" of April, 2018, the Results were declared. SLPP’s Candidate Brigadier Rtd. Julius Maada Bio emerged as the winner with 1, 319,406 of the votes cast representing 51.81% of the votes Cast. He assumed Office as President of Sierra Leone immediately thereafter, after being sworn in as President the very day pursuant to Section 42(3) of the 1991 Constitution and Section 54(1) the Public Elections Act No 4 of 2012 (hereinafter referred to as ‘PEA No 4 of 2012"),

*

3. These Elections were according to the general view of Local and International observers considered and/or held to be hugely peaceful and free from violence. The Petitioners’ view, nonetheless, was that these elections were marred with irregularities.

= Oateese

BETWEEN: - . 1, DR. SAMURA MATTHEW WILSON KAMARA. -28PETITIONER/RESPONDENT -

2. HON. ALHAJI MINKAILU MANSARAY -3®°PETITIONER/RESPONDENT

3. DR. OSMAN FODAY YANSANEH -4™ PETITIONER/RESPONDENT AND MOHAMED N’FAH ALLIE CONTEH -1STRESPONDENT NATIONAL ELECTORAL COMMISSION -28°RESPONDENT HIS EXCELLENCY JULIUS MAADA BIO -3RESPONDENT/APPLICANT

Coram

HON, JUSTICE DESMOND BABATUNDE EDWARDS CJ HON. JUSTICE NICHOLAS BROWNE-MARKE JSC HON. JUSTICE EKU ROBERTS JSC HON. JUSTICE ALUSINE SESAY JSC HON. IVAN ANSUMANA SESAY JA. REPRESENTATION: DR. SYLVIA OLAYINKA BLYDEN __ - IN PERSON FOR THE FIRST PETITIONER COUNSEL: LANSANA DUMBUYA ESQ WITH HIM MR. F. MANSARAY FOR THE 2”, 3? & 4™ PETITIONERS, EMMANUEL SAFFA ABDULAT - FOR THE 157 & 28” RESPONDENTS GEORGE BANDA-THOMAS ESQ WITH HIM MUSA MEWA, TUMA ADAMA JABBIE, MOHAMMED KENNEH ESQ, I. F. SAWANEH, L. M. BAYOH AND KENGENWEH ESQ FOR THE 3" & 4" RESPONDENTS/ APPLICANTS. + 3|Page

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