By Janet A. Sesay
The appellant, All People’s Congress (APC)’s application not to allow Justice Ivan Sesay to sit as Judge in the appeals hearing has been overruled by an appeals court in Freetown.
The appeals court comprised Justice Sengu Koroma, Tonia Barnett and Ivan Sesay himself against whom the petition was made.
By virtue of yesterday’s ruling, Justice Ivan Sesay now forms part of the appeals panel until the case is completed.
The APC appeals emanated from two high court petition hearings that were simultaneously presided over by Justices Komba Kamanda and Momoh Jah Stevens.
The judgements handed down by the two high court judges in May, last year, in respect of violence and electoral malpractices stripped the appellant of ten parliamentary seats.
The verdicts also led to the swearing in of nine SLPP runners-up in the March 2018 parliamentary elections. The remaining one seat was declared vacant and order for a re-run was handed down by the high court.
Before handing down the ruling, Justice Sengu Koroma addressed the court on the Affidavit filed by appellants’ lawyer, Ade Macauley.
According to the judge, the affidavit was sworn to on 26th February this year.
The affidavit, the judge said, demanded that it would be improper for Justice Ivan Sesay to adjudicate on an election petition appeals between members of the main opposition party, APC and the ruling SLPP.
He said Lawyer Ade Macauley had informed the three judges that the learned judge once shared an emotional commitment to the ideology of the SLPP and has contested election under its symbol twice in 2007 and 2012 under Constituency 096 at Rotifunk.
Justice Koroma further explained that the appellant’s counsel also said if the Judge was allowed to be part of the panel of Judges there would be some form of bias.
Justice Sengu Koroma also told the court that in reply to the appellant’s application, counsel for the respondent, Musa Mewa, objected to the application by making reference to the seven years Justice Ivan Sesay had stopped his association with any political party in Sierra Leone.
Counsel Mewa, the Judge Koroma said, had also argued that Justice Ivan Sesay was appointed High Court Judge by former President Ernest Bai Koroma, and was approved by Parliament.
The Justice Koroma also touched counsel Mewa’s argument that the house of parliament comprised APC and SLPP parliamentarians.
He said, Mewa continued in his reply, those past political events were not sufficient grounds of refusal of a judge to sit in a matter.
Since his appointment, Justice Sengu quoting Counsel Mewa, there is no evidence to show that the Judge has put himself in any political affiliation.
Justice Koroma also said the allegation of bias should not be assessed objectively or should be placed by political contention as it is the inability of the appellant’s counsel to prove the state of the mind of a Judge.
“Before such application is made, there should be sufficient evidence to prove that a Judge will be biased in a matter, and there must be a reasonable excuse of speaking about bias in any matter,” Justice Koroma stressed.
He added that objections of bias should not be judged by religion, political ambition or gender of an individual.
The learned judge furthered that the application of bias must be assessed objectively, and that past political affliction should not be refusal of a Judge in sitting on a matter.
He said the application is not only about the Judge but the whole administration, and it is not only about politics but the Judiciary as a whole.
The three Judges ruled that the application made by the appellant’s counsel, Ade Macauley, that Justice Ansumana Ivan Sesay should not be among the panel of Judges to hear the petition matter, is refused.
The proper appeals hearing is adjourned to the 23rd, April.