The National Electoral Commission, Tower Hill V The Provincial Secretary, Northern Region (CIV APP 5 of 2014) [2014] SLCA 9 (11 July 2014)

- 1b i CIV.APP 5/2014 : INTHE COURT OF APPEAL OF SIERRA LEONE BETWEEN:- ‘THE NATIONAL ELECTORAL COMMISSION, -APPELLANT TOWER HILL AND ‘THE PROVINCIAL SECRETARY -15T RESPONDENT NORTHERN REGION ‘THE DISTRICT OFFICER -2"° RESPONDENT ‘TONKOLILI DISTRICT PA.KAPRISANKAH _-PETITIONER/RESPONDENT Chairman of Ceremonial Chiefs For himself and on behalf of all Cereronial Chiefs in the Yoni Chiefdom

Coram

HON. MRS, JUSTICE N. F. MATTURI-JONES, J. A. HON. MRS. JUSTICE A. SHOWERS J.A. : HON. MR. JUSTICE S\A. S. FOFANAH, J COUNSEL: Miss. B. E.

7. Cummings for the Appellant L. M, Farmer Esq. O. Kanu Esq. Miss A. Suwil and P. Ade Williams Esq. for the Respondents. A. Y. Brewah Esq. for the Petitioner/Respondent JUDGMENT DELIVERED THE DAY OF 2) uly 2014 The National Electoral Commission (NEC), the Appellants herein have filed ‘a Notice of Appeal dated 11" February 2014 against the decision of the High Court (Mr, Justice J. B, Allicu) contained in his Ruling dated 30" January

tt an 2 The grounds of appeal are as follows b) (sic) That the Leamed Judge erred in law and in fact when he ruled on the issues of Revision of the Gazette List and the Declaration of Rights when the application before him was for the grant of an Injunction. The issues of the Revision of the Gazette List and the Declaration of Rights cannot be properly determined on affidavit

Evidence

) That the Learned Judge erred in law and in fact when he failed to hear the 3" and 4 Respondent on the issues of Gazetting the List of Chiefdom Councillors and the Declaration of Rights (by the calling of 7 witnesses to testify in court) before making such an Order on the : issues, thus totally ignoring the rules of natural justice, “audi alteram 7 partem.”” d) That the Learned Judge erred in law when he failed to give due importance to s. 4 (3) of the Chieftaincy Act 2009, Act No. 10 of

e) That there was no credible evidence before the High Court that the Revision exercise at Yoni Chiefdom was irregularly done. 1) That the Leamed Judge erred in law when he failed to consider that the Appellant is a Commission established under s. 33 of the Constitution of Sierra Leone 1991

ag 48 7 B , and that it has the power to make regulations and procedures for the conduct of elections and cannot be bound by a specific date to do so. 2) That the Appellant be granted leave to file additional grounds of appeal.

‘The Relief sought from the court was that the Order of the Court below dated 30" January 2014 and all subsequent proceedings be set aside and that the Appellant be given a reasonable period within which they should conduct elections taking into consideration that certain internal procedures, mechanisms and logistics have to be put in place before the conduct of the said elections.

' ‘The background to the appeal is that the Petitioner/Respondent herein as

: Chairman of the Ceremonial Chiefs of Yoni Chiefdom, Tonkolili District in the Northern Province of the Republic of Sierra Leone filed u Petition dated 15" November 2013. The Petition was against the conducting of the Paramount Chieftaincy election in the Yoni Chieftom scheduled for the 8* December, 2013. ‘The Petitioner alleged in his Petition that pursuant to the said elections a revision of Councillors was undertaken by the Provincial Secretary, Northern Province, the District Officer, Tonkolili District and the National Electoral Commission. He further alleged that the said revision of Councillors was improperly done as Councillors in at least three Sections of the Yoni Chiefilom did not take part in the said revision process.

Tt was also alleged that clerks and police were used to affix their thumb print against the names of those Councillors who did not participate in the said revision process. Further that in other sections of the chiefdom, the section chiefs and other Councillors also did not take part in the said process and that the wrong publication of the Sierta Leone Gazette was used by the Provincial Secretary, all of which anomalies resulted in the said revision process being irregularly done. ‘The Petitioner therefore prayed the court to grant an interim injunction pending the hearing and determination of the Petition; an interlocutory injunction against the holding of the said Paramount Chieftaincy elections in the said Yoni Chiefdom on the scheduled date of 8* December 2013 and any other relief that the Court considers necessary to the Petition.

. By Notice of Motion dated 14" November 2013, the said Petitioner again applied to the High Court for an interim injunction pending the hearing of the suid application; an interlocutory injunction against the said Paramount Chieftaincy election in the said Yoni Chiefdom and any other relief as the Court may consider necessary. The application was supported by the affidavit of the said Petitioner, wherein he deposed to the several allegations already contained in his Petition.

Two affidavits in opposition were filed opposing the application. One was sworn to by STEVEN S$. KABBA on behalf of the National Electoral Commission, the Appellant herein.

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