The Court of Appeal presided over by three judges namely; Hon. Justices Sengu Koroma JSC, Ansumana Ivan Sesay JA and Tonya Barnette Monda J. on Tuesday 20th October 2020 struck out the election petition cases brought forward by former Hon. Osman A. Timbo and Nine (9) others of the All People’s Congress (APC) party on the grounds of non-compliance on the part of the appellants. Lawyers Africanus Sesay, Ady Macauley and Salmata Bah represented all ten.
In his submission on behalf of the defence, Lawyer Musa Mewa said the appellants failed to file in their synopsis on the 9th of August, 2020, saying their failure in effect means “they have disobeyed the order of this Honourable Court.” He on that note informed that such conduct amounted to a withdrawal of the Appeal.
Relying on Section 78 (5) of the Constitution of Sierra Leone Act No. 6 of 1991 and Rule 24 of the Court of Appeal Rules 1985, Lawyer Mewa therefore, applied that the said Appeal be dismissed with substantial costs. He said the Appellants in the matter failed, refused or neglected to comply with the Order of the Court of Appeal dated 29th July 2020 and have failed to convince the Court of the reason for non-compliance.
On his part, Lawyer Ady Macauley submitting on behalf of his clients said certain applications had been filed in the Supreme Court in respect of the Appellants for a stay of proceedings. He told the Court that the Appeal Court’s direction, which required that they filed synopsis, could not be complied with as they had received instructions from their clients that they should not file same, he said consequent upon the said instructions, they were not going to file any synopsis.
In their unanimous ruling, the Judges ruled, “in the circumstances, this Appeal and the related Appeals are hereby struck out with costs of Five Million Leones (5,000,000) each. Costs to be borne by each of the Appellants.
The matter was brought before the Court of Appeal by Hon. Osman A. Timbo; Hon. John Satty Kargbo; Hon. Momoh Kamara; Hon. Mohamed Sheriff Kassim-Carew; Hon. Abu Bakar Sillah; Hon. Hariayatu Ariana Bangura; Hon. Siraj Muniru Rollings-Kamara; Hon. Kadie Kallon; Hon. Ahmed Mansaray and Hon. Kemokoh Conteh.
Credit: JoSL Communications Unit