The Sierra Leone Bar Association v Attorney General & Minister of Justice & Another (SC 2 of 2002) [2004] SLSC 1 (30 January 2004)

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y IN THE SUPREME COURT OF SIERRA LEONE S.C. 2/2002 BETWEEN: THE SIERRA LEONE BAR ASSOCIATION = ~—_—~PLAINTIFF AND

1. THE ATTORNEY-GENERAL i AND MINISTER OF JUSTICE - 1S" DEFENDANT

2. EKE AHMED HALLOWAY - 28° DEFENDANT

Coram

HON. DR. JUSTICE A. B. TIMBO tt CJ. HON. MR. JUSTICE S. C.E. WARNE - LSC HON. MR. JUSTICE E. C. THOMPSON-DAVIS - —_J.8.C. HON. MR. JUSTICE M. O. ADOPHY : IS.C. HON. MRS. JUSTICE V. A. D. WRIGHT > 48.c. Mr. Berthan Macaulay Jnr. for Plaintiff Mr. L. M. Farmah for 1* Defendant Dr. A. Renner-Thomas for 2" Defendant. IDGMENT DELIVERED ON THE 30TH DAY OF JANUARY 2004 TIMBO, C.J. By Notice of Motion dated the 28" day of June Two Thousand and Two the’Plaintiff sought the following reliefs pursuant to sections 122, 124 (1) (a) and 127 of the Constitution of Sierra Leone (No 6 of 1991) -

SS 1) The interpretati i

1) ‘Pretation of sections $6, 57, 58, 59, 60 (1) and 64 (1) and (2) of the aforesaid Constitution, more specifically to determine,

(.) Whether the appointment to the office of the Attorney-General and Minister of Justice referred to in section 64 (1) and (2) is subject to the Provisions of section $6 (2) of the Constitution.

(ii) If the answer to (i) is Yes what is the effect of an appointment to such office without the approval of Parliament?

(iii) Whether the provisions of section 56 (2) - (5) inclusive of the

. Constitution are applicable to the said office of the Attomey-General and Minister of Justice referred to in section 64 (1) and (2) of the Constitution. ‘The Plaintiff also asked for among other things,

(1) A Declaration to the effect that section 56 (2) — (5) inclusive of the Constitution apply to the office of Attorney-General and Minister of Justice referred to in sections 64 (1) and (2) and in particular,

(2) A Declaration that the appointment of the 2" Defendant on or about the 27" May 2002 as Attorney-General and Minister of Justice without the prior approval of Parliament as stipulated in section 56 (2) of the Constitution contravened the said provision of the Constitution and is consequently null and void and of no legal effect.

Do The Plaintiff's application was Supported by the affidavit of Mr. Yada Hashim Williams, Barrister and Solicitor who is also member and the Secretary-General of the Sierra Leone Bar Association, the Plaintiff herein, sworn to on the 28" day of June 2002, By Paragraph 2 of the said affidavit Mr. Williams stated that the Plaintiff is a Company limited by guarantee incorporated under the Companies Act 1960 (Cap 249) and that the Plaintiff brings the said action in its corporate name. As the name Suggests the Plaintiff is the association of legal practitioners in Sierra Leone. Clauses 3 (a) and 3 (¢) of the Memorandum and Articles of Association state the objects of the Company as being,

() To support and protect the character status and interest of the legal profession in Sierra Leone.

(b) To originate, promote, oppose and campaign for the improvements amendments reform and interpretation of the laws of Sierra Leone and to institute, prosecute, defend, support or oppose legal proceedings aimed at achieving the same.

In the particulars of the Statement of its Case, the Plaintiff said inter alia, “The office of the Attomey-General and Minister of Justice is of paramount importance to members of the Sierra Leone Bar Association in the exercise of their profession more so that,

(a) The Attorney- General and Minister of Justice is the titular Head of the Bar. (b) The Attomey-General and Minister of Justice is a member of the Rules of Court'Committee established by section 22 of the Courts Act, (No. 32 of

(©) The Attorney-General and Minister of Justice is a member of the General Legal Council established by the Legal Practitioners’ Act, 2000 (No. 15 of 2000) which said body is the governing authority with regard to the legal profession in Sierra Leone. (@) The Attomey-General and Minister of Justice is the nominal ‘Defendant in respect of actions brought against the Government of Sierra Leone under the State Proceedings Act 2000 (No. 14 of 2000) and the person upon whom prior notice is to be given before the commencement of action under the said Act; (©) The Attorney-General and Minister of Justice has a very important role to play in criminal proceedings under the laws of Sierra Leone by virtue of sections 64 (3) and 66 (6) to (8) inclusive of the Constitution.” For these reasons the Plaintiff submitted that it is of the utmost importance that the validity or otherwise of the appointment of the Attorney-General and Minister of Justice on or about the 27" May, 2002 be determined by this Court. Paragraphs (xi) and (xii) of the Plaintiff's Case are significant and I shall quote them verbatim.

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