By Janet A Sesay
The election petition matter, filed by Dr Sylvia Byden, first applicant, Dr Samura Mathew Wilson Kamara, Alhaji Minkailu Mansaray and Osman Foday Yansaneh, yesterday came up at the Supreme Court of Sierra Leone presided over by five Judges.
The judges include Justices Babatunda Edwards, who is the presiding Judge, Brown Marke, Eku Robert, Alusine Sesay and Ivan Sesay.
Lawyer Lansana Dumbuya is representing the second, third and fourth petitioners, who include Dr Samura Kamara, Alhaji Minkailu Mansaray and Osman Foday Yansaneh and Dr Sylvia Blyden, who represents herself in court.
Lawyer Musa Mewa is representing the respondents, including Mohammed N’fah Alie Conteh, Julius Maada Bio and the Sierra Leone People’s Party.
The petition was filed against the election of President Julius Maada Bio as per the declaration of the result of the Presidential Elections of 31st March 2018 by the Chief Electoral Commissioner, Mohammed N’fah Alie Conteh, in terms of section 32(1), 33, 36,38, 122 (1)124 (3) among others, of the Constitution of Sierra Leone Act N0.6 of 1991.
The petitioners, among others, aver that the 2018 election was not conducted substantially in accordance with the 1991 Constitution or the 2012 Election Act and the governing Regulations. The petitioners, in addition, claim that the true number of registered voters is unknown and therefore NEC did not have an accurate voter’s register.
The petitioners also assert that the first and second respondents (Mohammed N’fah Alie and Julius Maada Bio) changed the official number of registered voters and that the absence of a credible Principal National Voter’s Register vitiates the validity of the Presidential election.
Shortly after the matter was mentioned, the Chief Justice, Babatunde Edwards who is the lead Judge, said on the 29th July 2018 that there was a ruling delivered by the court for an enlargement of time on both parties to look properly into their affidavits and do a proper filing.
He then told counsel representing the respondents, Musa Mewa, that going through his affidavit in opposing his documents have some lapses. He then admonished him to go over his documents and do a proper filing before the court.
The Chief Justice also admonished counsel representing the three petitioners, Lansana Dumbuya and Sylvia Blyden, to bind their petitions together because both petition files carry the same complain. He then advised Sylvia Blyden to find a lawyer to represent her in court.
In response, Dr Sylvia Blyden told the judge that the junk of evidence, in the matter she filed to the court, is missing and this, she said, will disturb her case. She furthered that she had an exhibit in respect of those that were beaten in Kailahun, Kenema and other different parts of the country after the election results were announced, but could not see them on her file.
She said those missing exhibits were in her residence but they were basically been stolen by the Sierra Leone Police. She then pleaded with the Judges to give her time to file a fresh affidavit to the court.
Chief Justice, in response, said that they are only going to look at what is in front of them. He then gave each party five days to do a proper filing of their affidavits, and told Sylvia Blyden to do a fresh filing of her affidavit and admonish her to get a lawyer to join Lawyer Dumbuya to do their case.
The matter was adjourned to the 21stJanuary 2020 for the court to know if both sides have filed their affidavits correctly.