A new hope for the opposition has been restored following the court’s ruling on Dr Samura Kamara, leader and flag-bearer of the main opposition, All People’s Congress (APC). The Presiding judge over Kamara’s corruption trial announced in court last Friday that the case had been adjourned to July 14, 2023.
The APC flag-bearer alongside four others are standing trial for embezzlement of funds meant for the renovation of Sierra Leone’s chancery building in the United States. Unlike the four accused, Kamara was not accused embezzlement but charges related to deceiving principal, a charge he vehemently denied.
By virtue of the adjournment, the case will come up again after elections. The judge pronounced this decision following an application by Kamara’s defence team. Objection initially submitted by the prosecution was withdrawn. The latest ruling has thrown APC members in a state of ecstasy.
They have been freed from the worries that their candidate’s campaigns would be disrupted by the court if the case lingers on. The law comes first, and there is no way Kamara could pay attention to campaigns if summoned by the court. The verdict has made Justice Fisher another Daniel within the APC camp.
They now hope to see their candidate criss-crossing the country spreading campaign messages everywhere with much ease. It is clear that if the case continues during campaigns, the APC candidate would have been emotionally disturbed which means a clear disadvantage to the party.
But, now he has a free mind since the case has been adjourned. Outside APC, Fisher has been widely praised for the ruling which many described as fair. June election is a hot contest for the contestants. It is therefore no fair play when albatross hangs on the neck of one candidate while the other is free.
Kamara’s recent status as APC flag-bearer has been hot topic for debate in the courtroom. The arguments remain closely linked to politics although Justice Fisher has always warned lawyers not to stage a political drama in the court.
Many see the trial as one geared towards kicking out the APC flag-bearer out of the race. Political analysts have always argued that democracy is not locking up or oppressing opposition politicians, but it is about creating a level playing field for all to contest.
The opposition does not need to be in court or in detention during election, but must enjoy a wide latitude of freedom to sell their policies and ideology to the public. Creation of a level playing field also go a long way in ensuring peace in the post election period. President Julius Maada Bio himself has confirmed that the political space is open for all to favourably participate.
Anywhere in the world, opposition politicians will accept the outcome of elections only if the process is fair from the onset. However, situation within APC is not the same for the ruling Sierra Leone People’s Party (SLPP). For most, if not all SLPP members, Justice Fisher’s ruling is a sad news for the ruling party.
SLPP grassroot’s last hope for victory is to see that Samura is nailed at all cost. Even if he is not locked up, the court should hold him to ransom until after election. Had the court acted according to their wish, the case against Samura would have still continued till election date when Bio would have been re-elected.
An SLPP member (name withheld) who recently spoke to this press made it clear that it would be difficult for Samura Kamara to win election as his case was still pending in court. “SLPP is waiting for Samura Kamara on nomination day to petition him so that he could not contest the election,” he said.
The latest ruling has put to an end to all speculations about Kamara chance to contest and campaign freely. SLPP’s hope of using the court to achieve their mission has been visible from the outset. It started in the day President Bio came to power onto the last days of the regime.
Late February, this year, Sierra Leone witnessed another attempted use of the court to injunct an APC convention in Makeni, the North-East regional headquaters. An APC member with a South-Eastern background, Francis Kai Gbondo sued APC and prayed for an injunction on the grounds that those whose matters are still sub Judice (going on in court) should not contest for any post then.
Justice Hannah Bonnie of the High Court upheld Gbondo’s claims, and slammed an injunction on the convention. Armed guards were deployed at the APC office in Makeni, the venue of the convention. The building was cordoned off as police mandate was to enforce the court order by not allowing APC members to converge for the convention.
In a press release of February, 2023, the police made it clear that the court’s order supersede their clearance which they had earlier offered to APC to go ahead with their planned political activities.
The injunction, according to legal practice, would cease to have effect only when the petition would have been looked into by the court. No one can determine the time span of the trials especially in a country where judicial proceedings are fraught with delays. Long adjournments and delayed rulings have hallmarked Sierra Leone’s judiciary for a long time.
Police officers however stood down only after the injunction was reversed. Sources said government was subjected to pressure to nullify the order so that APC could forge ahead with their political activities. Justice Fisher’s postponement of the Kamara trial has shown that the judiciary is an independent entity.
In the execution of their sacred duties, the courts are not subject to the direction or control of any person or authority; they is subject only to the law and interest of justice.