By Janet A Sesay
Three Appeal Court Judges, Justice Ivan Ansumana Sesay as lead judge, Alhaji Momoh Jah Stevens and Adrian Fisher has on Thursday 7 December, 2023 dismissed appeals of Former President of Sierra Leone, Ernest Bai Koroma and Dr. Samura Kamara, presidential candidate for the main opposition, All People’s Congress. Koroma is also former President of Sierra Leone from 2007 to 2018.
The judges also ruled out that the two appellants should be handed over to the Anti-corruption Commission (ACC) for investigation and Ernest Koroma should pay Le300m within seven days and also pay US$135,000 at the office of the Attorney General and Minister of Justice.
The court also ordered that Kamara should pay Le250m within seven days and be investigated by ACC on the findings and recommendations made by the Commission of Inquiry.
Counsel Joseph Fitzgerald Kamara who is representing the former President appealed to the court for mercy as the appellant had been going through heavy constraint.
He said the appellant could also not pay the cost within seven days but needed more time. The judges however refused as they maintained that the ruling had to stand.
The appeal was before the court when the two appellants contended the findings and recommendations made by the Commissions of Inquiry.
Ernest Koroma filed an appeal before the court on four grounds that the sole commissioner
Justice Bio Belle Gorgeweill, in his recommendation and findings, said he abused his executive power as President and also involved in fraudulent compensation on the Sewa Grounds land that did not benefit the country.
Lawyer Kamara also argued that Commissioners Justice Bankole Thompson and Biobelle Georgewill erred in law when they failed to consider and apply the Head of State’s immunity clause as provided under Section 48(4) of the Constitution of Sierra Leone which confers immunity on the President against the commencement or continuation of civil or criminal proceedings against the person holding office of President.
Justice Ivan Sesay also Stated that Counsel Kamara also argued that the Commissioners erred in law and acted in violation of Section 150 of the Constitution of Sierra Leone, Act No. 6 of 1991, when they proceeded to conduct the Commissions of Inquiry without the “rules regulating the practice and procedures” of all Commissions of Inquiry, as prescribed by the Rules of Court Committee through a constitutional instrument.
The appeallant’s counsel also argued that both Commissioners erred and without authority, indicted and tried the appellant for the offence of abuse of office and corrupt acquisition of wealth, a power that was not conferred by the Constitutional Instrument 64 that established the Commission.
Reading further, the lawyers further argued that the commissioners erred and misapplied the law to the facts when they opined that, “This commission has critically reviewed, appraised and considered the totality of the evidence of the state against the Persons of Interest and finds that the unchallenged evidence of the state has made out a prima facie case against all of the Persons of Interest.
They affirmed that the adverse findings against the Appellant cannot be supported by the evidence presented and challenged.
Robert Kowa on behalf of the State in response to the Appellant’s Lawyers, argued that Section 48 (4) of the 1991 Constitution states that, “while any person holds or perform the functions of the office of the President, no civil or criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official or private capacity.”
Lawyer Ade Macaulay had also appealed against the recommendation of the COI that Samura Mathew Wilson Kamara was not involved in the selling of the 30% government share at the Sierra Rutile mining company.
Both appeals were dismissed and they should be investigated by ACC.