By Janet Sesay
Justice Komba Kamanda has on Friday 24th January,2020 adjourned the matter between the National Reformation Movement and the All Peoples Congress for ruling.
Lawyer Hindolo Gevao, representing the three plaintiffs, Alfred Minkailu Koroma, Suliaman Kamara and Abdul Karim Karfoi had spent time on Friday to reply to the various applications raised by the defense Lawyer, Wara Serry Kamal.
The defense lawyer in her initial reply to the complainant lawyer had stated that the High Court lacks the jurisdiction to hear a matter against a whole political party and had prayed that Justice Kamanda refers the matter to the Supreme Court for proper trail.
Lawyer Hindolo Gevao while responding noted that the defense counsel took several preliminary objections in their originating notice of motion dated 15th January, 2020.
These according to him had included the jurisdiction, locus standi and the forms of the affidavit filed by the plaintiffs.
He added that the objection raised by the defense on the form of the affidavit had been adequately complied.He also continued that they have been able to fully meet all the conditions with regards filling their papers, paying all the costs involved culminating into the allocation of the matter to a judge for trail.
On the issue of whether his clients are true members of the All Peoples Congress,Lawyer Gevao noted that they have been able to exhibit all the party membership cards of the three plaintiffs together with their payment receipts on the affidavit filed on the 10th January 2020.
He told the court that if given the opportunity they will get into this affidavit to ascertain the membership of his clients.
Lawyer Gevao told the court he was certain that his clients were members of the APC as they had confidently contested for party symbols for various Member of Parliament positions in the March,2018 elections.
He had cited that one of the plaintiffs Abdul Karim Karfoi was given the party symbol and also later taken away from him over night.
Lawyer Wara had earlier on maintained in her submission that the plaintiffs are members of the APC Youth League and not fully-paid up members.
She could however not deny the fact that they did not vie for various parliamentary symbols in the March,2018 elections as stated by their lawyer.
Lawyer Gevao had asked that the court discountenance the submission made by the defense counsel on the issue of the membership of his clients and referred the court to the affidavit of January 10th 2020.
On the area of the jurisdiction of the court, Hindolo Gevao had also submitted that the court is vested with absolute jurisdiction to hear and determine the issues raised in the originating notice of motion dated 15th January, 2020.
He said the defense counsel had relied on section 124 of the 1991 constitution and has for its interpretation.
‘’We are never before the court on the 1991 constitution but we are rather seeking for the court to enforce the spirit of the APC 1995 Constitution,’’ Lawyer Gevao stated.
He craved the indulgence of the court to look into the APC 1995 constitution with a view to establish whether the actions of the leadership are in tandem with the spirit of the party’s 1995 constitution.
Lawyer Gevao had also prayed that the court gives very clear orders in the case the party’s constitution has not been followed.
He concluded by urging the court to discountenance the submission made by defense counsel and allow the matter to continue.
The APC’s defense counsel,Wara Serry Kamal had replied that the plaintiffs are suing a whole political party together with it Chairman and Leader and Secretary General.
This according to her is a very bad precedent which if allowed to occur will create a floodgate for others to follow.
She maintained that to sue a political party the individuals should be fully-paid-up members of the said party.
The APC lawyer also stated that the plaintiffs are not properly before the court.
Lawyer Wara Serry Kamal even after the submission by Lawyer Gevao on the issues around the jurisdiction of the court and membership of the plantiffs had still maintained that the high court lacks the jurisdiction to hear the matter.
She prayed that the matter be thrown out of court with cost.
Justice Komba Kamanda adjourned indefinitely and intimated both parties that the court will send out notices for ruling on the applications.