Sierra Leone People's Party & Another v Attorney-General and Minister of Justice & 7 Others (SC 5 of 2015) [2015] SLSC 1220 (8 September 2015)

r SC CNo. 9/2015 --n IN THE S' iN }UPREME COURT OF SIERRA LEONE (ORIGINAL JURISDICTION) Pr MATTER OF AN APPLICATION FOR THE INTERPRETATION joR ENFORCEMENT OF THE anD OR TG HEREUNDE SECTIONS OF THE CONSTITUTION apres ay, 122 R PURSUANT TO SECTIONS 120(2), 120(8)» 42016) 1226 praaat D 124, 127 AND 171 OF THE CONSTITUTION OF LEONE 1991 -ACT NO. 6 OF 1991 AND yvTHE MATTER OF INVOKING THE ORIGINAL JURISDICTION OF THE SUPREME COURT PURSUANT TO RULES 69 THROUGH TO 98 (INCLUSIVE) OF THE SUPREME COURT RULES, PUBLIC NOTICE (CONSTITUTIONAL INSTRUMENT) NO. 1 oF 1982 AND INTTHE MATTER OF AN APPLICATION FOR THE INTERPRETATION ANDIOR ENFORCEMENT OF THE FOLLOWING SECTIONS OF THE CONSTITUTION OF SIERRA LEONE, ACT NO. 6 OF 1991, AND FoR DECLARATIONS, INJUNCTIONS, AND JOR OTHER RELIEFS OR ORDERS IN RESPECT THEREOF, AS APPLICABLE 5 Sections 77114) and 171 of Act No, Gof 1991 §. Section 64(1) of Act No. 6of 1991 fi, Seation 64D), 79(1), LO7(D of Act No- Gof 1991 we Seations 640), 74(1), 1070), 800, of Ae No. 6of 1991, and Act No 5 of 2013 T Section 3218) of Act No. 6 of 1991 vi Sections 35(2), 25(4), 35(6), 76(1)ih), 153(), 153(2), 1711) (as to public office and public servic e) of Act No. 6 of 1991 taken in conjunction with Section Sections 14(1) and 27 of the Political Parties Aa, Act No. 3 of 2002 vii, Sections 40(1), 4003), 4106), 4640), fand second schedule), 50, 51, 542V4), pact), 543), 5415), 548), ane 5510 oF Act No. 6 of 1991 i Secons 50 and 51 of Act No. 61 19 Seton, 40(1), 40C), 41(D, 450, 50.51 54 2a), 5AM, 5403), 545), 548) and 5510) % Sections 41d), 5M2b), 55), 71(b), 7600), 76(1)(h), and 171 {as to public oflicer and public service) of Act No. Gof 1991 * Sections 136(1), 137(2)(b), 13703), | 39 and 171 of Act No. 6 of 1991. BETWEEN: i sienna tRONE PEOPLE'S PART SU C9 ee 2 PEOPLE'S MOVEMENT FOR DEMOCRATIC CHANGE (MDC) PARTY

rORNEY-GENI e555 Fast J ORNEY-GENEIAL & MINISTER OF JUSTICE y ARROW JOHN BOCKARIE, Deputy Minister of Josie DEFENDANTS bE SPEAREROF PARLIAMEND 1 TUE HPT SPEAKE OF FARLNMENI 8 ACKSOOD GIT SESAY econ Commins f ALLPEOPLES CONGRESS PARTY (APO, reiananel 1% {ycroR BOCKARIE FOH

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- ONOURABLE MRJUSTICE N CBROW? r I ‘HE HONO! JUSTICE CBROWNEMARKE, JUSTICE OF THE SUPREME COURT sip HONOURABLEMBJUSTICEEE ROBERTS JUSTICE OF THE SUPREME COURT sie HONOURABLE MRJUSTICE PO HAMILTON: JUSTICE OF THE SUPREME COURT COUNSEL: (CFMARGAI ESQ, DR BU-BUAKELJABBI, SB TEJAN-SIE I ESQ, and RB KOWA ESQ for the Planalls sRTHAN MACAULAY JNB, LM FARMAH ESQ, OSMAN ANU ESQ and MS JOANNE WELLINGTON pete rand 2° Defendants AEMANLY'SPAIN ESQ, S K KOROMA ESQ a SJ MANLYSPAIN for aad Defeats ISGLENNA THOMPSON for 5° 6 Defers A EMANLY'SPAIN E8Q, F GABIDDON E80, LDS bsg, AS SESAY ESQ. SK KOROMA ESQ, B ae B50. RA NYLANDER ESQ as RA DIONES £90 for” & 8 Dekeants ‘DGMENT wae S DAY OF SEPTEMBER, 2015 JUDGMENT DELIVERED HES DAY OF SEPTEMBER, 29 PLAINTIFFS’ ORIGINATING NOTICE oF MOTION

1. On 24 April, 2015, Messrs “Tejan-Sie & Teian Sic Hed @ Notice of Originatins Motion on behalf of the Sierra Leo Peoples’ Party LPP) and the Peoples’ Movement for Democratic Change (PMD) as Plants There ae 8 Defendants to that action as listed above: 1 thal Motion, the Plants sous the interpretation of several provisions in the Constitution of Sierra Leone,1991, tet cern declarations and reliefs. That ‘Motion is supported QZ the aie’ wee one Dain Teun Sie denosed 2 ta al of the Toca rain, filed & May, 2015, Messrs Teiansie & Trejan-Sie, 07 bel , : . ad by ne les of this Court 0 Supreme torent of the Plains” case #8 8 Te gas). N Co 1g - Sa. No, 1 of 182 therealier, SCRLI982) None of the ourt Rules, 1982 ~ SI oof casein answer the Plaindlls’ statement of Defendants have filed « severent —_— Lees eee « ope 7™ MAY, 2015 vg 2° PLAINTIFFS’ MOTION DATED?

ge diated 1" May, 2015, Mr Lahai Farmah, Principal Counc and Solicitor for dhe and 2° Defendants herein, ap fete Com for Oe prs’ Orisinating Notice of Motion to be ruck sak feo ts Court «face of the motion. ‘ " ruck ons for the reasons sed an the Fe ion. “The Orders sought by the Plaintiffs, briefly, are as follows i, That this Honourable Court do make an Order striking out the Orignat Notice of Motion herein dated 24° April 2015 rege cco ° April,2015 on the ground that the said Originating Notice of Motion was issue Te Pin EL as issued in the names of the ‘Sierra Leone Peopl 7 y (SLPP) and the Peoples’ Movement for Democratic Change Posty f n DO, both being political partics registered under the Political Parties Act2002 as amended contrary o Section 11(2)(b) of the Act which provides as follows: *2) An application o be registered as a political party shall be accompanied with the following: (b) the business address of the proposed political party Freetown and the names of persons who are aulorised to accept and ise process on behalf of the proposed political party: jj, Farther, andl or in the alternative, hat dhs Honourable Count do make an order striking out the Originating Notice of Motion filed on behalf of the Plainiffs on the ground dia the said Motion was issued in the names of and by ‘Sierra Leone Peoples’ Party (SLPP) and the Peoples’ Movement for Democratic Change (PMDC), the Planalls herein, both being unincorporated bodies (and not being firms) and not being natural persons, thereby lacking capacity (0 issue or Guise 00 De issued the said Originatins, Notice of Motion in the said names of the “Siema Leone Peoples’ Party’ (SLPP) and the ‘Peoples Movement for Democratic Change’ (PMDC) respectively. iii, ‘That this Honourable Court do make an order staying all further or other proceedings in this action including the filing of the Statement of the 1° Plaintiff's case and the 2* Plantill’s ee herein pending the hearing and determination of this application exceDt relation to this application herein. iv. Any other Order that this Honourable Court may deem fit and just

1. That the Costs of this application be cos in favour of the 1° and 2° Defendants. MR FARMAH’S AFFIDAVIT IN supPoRT OF THE MOTION 3. ‘The Application is supported by the affidavit of Mr Farmah, deposed and sworn to also, on 7* May, 2015. Mr Farmah's affidavit is very short, and in it, he deposes to the following matters: , That he ie the Solicitor for the 1" and 2° Defendants and that he is duly authorized to depose to the affidavits that 00 a4 April2015 the Plaintills issued in their aoe Notice of Motion hercin, 2 cOPy of which is respective names, the Originating NO M pa Pains ave =e = eared jon bout Plains ave asserted that they have- brought te action rein in their respective capacities a

pola Patties AC.2002; hate rg Sten 85 Of the Constitution, and the copy of a letter/memorandum dated 5° Mtn FT ibe lowing ener: Genera aul Minister of sie ne Fee Home tice Ate Registrar of the Corporate AMtairs Comision, ns Xt" Herein, to the the Companies Act,2009 as amended b) aeope gy Pon established under the Chief Executive Officer of the Cogn tet dated 6 May.2015 from Administrator and Registrar-General; and (gn Mat’. Commission to the sam the Administra ot tn AM copy of a leer dated Ma 2015 f hnistrator and Registrar-General to the Chief Exccune Omi : Corporate Affairs Commission, All three letereere ietia mae ae omms Ce letters are exhibited as “LMF 24, B& C7 respectively; thatthe contents of the lldat are tue wo the ‘Anosledge and belief, and itis made in support of the Eid sptneaion ‘loans,

4. Turing to the documents exhibited, itis dear thatthe Pants are describe in exhibit “LMFI” as the Sierra Leone Peoples’ Panty (SLPP) and as Peoples Movement for Democratic Change Party (PMDQ), respectively. Eahibit"LMP2A" isa query ftom the office ofthe Atomey-General and Minister of Justice, sgn by Mr Osman Kanu, Senior State Counsel, adressed to the Regiarar of Companies, about whether the Plainttls herein are registered or incorporated as companies limited by guarantee or otherwise.

5. Exhibit “LMFL" is the lewter the Chief Executive Officer and Registrar of the Corporate Aflairs Commission addressed to the Administrator and Registrar General in connection with the Auomey-General and Minister of Justice’s query. It reads:

“The Auorey-General secks confirmation of the legal status of companies incorporated or registered by the name of |. Sicrra Leone Peoples’ Pary; 2 The Peoples Movement for Democratic Change, The Commission can continm that no such companies are listed as existing companies in the database established and maintained by the Commission. However, 2s you are aware the database held by the Commission was generated from files released to the Commission daring dhe data entry exercise. Files classified as ‘high profile’ including hough not linited (o banks, mining companies and the like, wee not released and therefore not recorded ia the dtuabase of companies held. Graci if you could users contin in wring whether any companies incorporated ae rege the anes mentoned ve {umongst company ites not yet released ote Comision fr dita entry - whetiet constiuting part of high profile files or companies IN*POIN HN February,2015. A confirmation also as to whether or not naunes referred at

Lass Ponca es may also We useful Yours Faithally, Michala in the Register of Business Names mas

_ Mackay, CEO & Registrar” vor and Registrar General’s response

6. Exhibit “LMF2C* is a copy of the Adminhitet dated 6* May,2015, to Ms Mackay’s ag se, ‘A thorough search of records “Your leter of even date re the 200 TT ses hat bth the Ser Lore en : icant mar, r

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