By Alieu S. Tunkara
Defence counsel for the persons of interest at the Commission of Inquiry, Africanus Sesay, has challenged the ruling made last week by Justice Biobele Georgewill in declaring that the Commissions of Inquiry are legal.
Sesay Esq. informed the tribunal presided over by Justice Williams Anan Atuguba that they will go to the Supreme Court of Sierra Leone to challenge the ruling.
“My lord we intend to go to the Supreme Court to challenge the ruling of 14th February 2019”, he said. He cited relevant provisions of section 125 Act No 6 of the 1991 Constitution to support his claim.
It could be recalled that, last Thursday, one of the defence councils, Ady Macauley, made an application before Justice Biobele Georgewill challenging the jurisdiction of the Commissions of Inquiry.
Defense Counsel has particularly submitted that the Commission lacks powers to make rules to regulate the practice and procedure of the Commissions. He noted that it is only the Rules of Court Committee that have such powers pursuant to section 150 of the Constitution of Sierra Leone.
Justice Biobele Georgewill dismissed the application of Ady Macauley, relying on section 147 of the Constitution of Sierra Leone, which confers powers on the President to establish a Commission of Inquiry to investigate any matter of public interest.
The learned Judge also intimated the tribunal that the Constitutional Instruments of 2018 are valid under the laws of Sierra Leone.
Members of the opposition All People’s Congress have always been critical of the Commission of Inquiry since its inception; and they have described them as a “Kangaroo-styled” Commissions of Inquiry. They have noted that they will not subject their members to “unconstitutionality.”
Lead state counsel, Musa Mewa, representing the state in the Commissions of Inquiry, sought permission from the Judge, Justice Atuguba, to allow the cross examination of the Risk Manager of HFC Commerce and Mortgage Bank Ltd, Alex Studa Vincent, before coming to Sesay’s application.
The witness is the head of a committee set up to investigate the landed properties of HFC Mortage Bank at Gloucester- 1, Gloucester- 2, and Mortem villages, among others. His Committee had submitted a comprehensive and valid report on their findings.
The report had implicated several persons of interest before the Commission of Inquiry, including former Managing Director of the Bank, Ahmed Kamara. The testimony of the witness, Alex Vincent, centred mainly on the findings of the report.
Africanus Sesay, who is representing the Managing Director of the Bank, revealed that the Bank was floated as a limited liability company and the Memorandum and Articles of Association used to set up the bank was shown to the tribunal.
Sesay Esq. established inconsistency in the witness’ testimony with a particular emphasis on the report, arguing that Ahmed Kamara did nothing illegal as a result of the sale of the land at Gloucester-2 village.
In his response, Musa Mewa informed the court that the testimony of his witness last week centred on specific issues that have to do with the bank’s property and not on management and procedural issues.
He implored defense counsel Africanus Sesay to understand the investigative nature of the Commissions of Inquiry and not to oppress his witness with irrelevant questions for the sake of progress.
“We allow your team to tender certain documents in evidence because of the exigency of time,” Mewa cautioned.
Over Biobele’s Ruling… Defense Counsel Seeks Supreme Court Review
