By Ralph Sesay
Justice Biobele Georgewill of Commission 64 has ruled yesterday on an application made by Ady Macauley, defense counsel for Paolo Conteh and Madinatu Rahman.
Ady Macauley had challenged the jurisdiction of the Commission to continue with proceedings on the ground that the Constitutional Instrument No 64 of 2018, setting it up, was inconsistent with the provisions of sections 150 of the 1991 Constitution of Sierra Leone and therefore invalid, null and void to the extent of the inconsistency by virtue of section 171(15) of the 1991 Constitution of Sierra Leone.
The application also objected that the Commission lacks the powers to make the Practice Direction to guide its proceedings in addition to the Rules of the High Court of Sierra Leone 2007 as adopted by the Commission.
Against this basis defense counsel has prayed that the Commission stays proceeding and refer the matter to the Supreme Court, which has the jurisdiction to hear such matters.
Oladipo Robin Mason, in responding to the submission by defense counsel, noted that the provisions in sections 150 are not condition precedent, which, according to him, suggests that a Commission of Enquiry must have been in existence for the application of such a section. He further told the Commission that whether if there is an existence of such a Commission without reference to section 150 and if such Commissions can also function well.
The state lead counsel describes defense counsel’s submission as untenable, as Cap 54 of Section 9 of the Constitution provides for Commissions of Enquiry to make rules to govern its proceedings.
Justice Biobele thanked the two parties for what he described as very interesting and inspiring arguments and referred to the issue before his Commission as very cardinal.
Issues of the jurisdiction of his Commission, the sole Commissioner went on, are very important to the extent that it remains the sole foundation for the mere existence of the Commission, noting that if this is not addressed it would have a toll on the final outcomes of the Commissions.
He therefore ruled that the primary objection of the defense counsel, which hinges on sections 6 (1) and (2) of the Constitutional Instruments of Sierra Leone, which allows the Commissions of Enquiry to make Practice Direction as well as make modifications, exemptions and adoptions to the High Court Rules of Sierra Leone, is dismissed for lacking the merit to declare the Commissions of Enquiry null and void.
Justice Biobele continued that even where the primary objection have criticized Sections 6 (1) and (2) and used it as a basis for declaring the Commissions of Enquiry null and invalid, defense counsel, in their application, have got no problems with the remaining sections in the Constitutional Instruments. Counsels have also failed to mention anything or provision in the Constitution of Sierra Leone to show that Commissions of Enquiry should strictly use Rules of Evidence in Commissions of Enquiry.
It was against this backdrop that he ruled that, “I hold firmly that Constitutional Instrument No 64 of 2018 is in law valid and therefore, this Commission of Enquiry is both legal and valid under the laws of Sierra Leone…”
He quoted section 147 of the 1991 Constitution, which, according to him, vested the power in the President to do so.
“In the result, the preliminary objection, challenging the jurisdiction of this Commission by Alfred Paolo Conteh and Madina Rahman, is hereby struck off for being incompetent and or dismissed in its entirety for lacking merit,” Justice Biobele Georgewill said.
He urged all persons of interest summoned before his Commission to adhere for the furtherance of peace and development in Sierra Leone, especially when the crucial issues of the jurisdiction of the Commissions of Enquiry have now been laid to rest after beautiful arguments from both sides.
Justice Georgewill further reaffirmed that he will use the experience gained from both submissions to continue his proceedings.
He concluded by again re-emphasizing that the media should refrain from castigating persons appearing before the Commission as guilty or implicated.
“No matter the overwhelming nature of evidence presented before the Commissions, all persons of interest remain free and not guilty until I make my final decision,” Justice Georgewill concluded.
Hearings for Commission 64 were therefore adjourned to Tuesday 19th February, 2019 wherein the proceedings will start proper against the backdrop that the issue of jurisdiction has been properly laid to rest.
“Commission Of Enquiry Is Both Legal And Valid’’ -Hon Justice Georgewill Rules
