6th-9th March 2015 is a date that marks one of the greatest unfair treatment to Chief Samuel Sam Sumana, a man who occupied the country’s second highest office for over seven years. The former Vice President, on 6th March, 2015, was expelled from the main opposition, All People’s Congress (APC) then in governance.
A group of APC members who constituted themselves into kangaroo-styled judges overnight presided over the illegal expulsion. The expulsion became a precursor for Sam’s eventual sacking from office of Vice President three days later, 9th March, 2015.
The date became the most shameful period in the country’s history, and the act was the greatest constitutional breach in Sierra Leone. It caused great harm and alarm in Sierra Leone and beyond, an alarm that signalled that the then President transcended the recognised bounds of his powers.
Many Sierra Leoneans were opposed to the act saying the then President, Ernest Bai Koroma had no right to remove the then Vice President. One of those Sierra Leoneans was President Julius Maada Bio then flag-bearer of the main opposition, Sierra Leone People’s Party (SLPP) who strongly condemned APC for removing Chief Samuel Sam Sumana.
Despite condemnation of APC’s act, Bio has refused to guarantee Chief Sam’s rights of paying his benefits and other entitlements. Former government ministers and senior civil servants have twice received their benefits while Chief Sam was left out making SLPP’s condemnation one of the biggest hypocrisies and rhetorics of the centuries.
On the day Chief Sam was removed from office, SLPP registered their concerns saying that the act had the unnerving potential of rolling back the democratic gains Sierra Leone had scored since the end of the civil war in 2002.
SLPP’s move was a direct response to then President Koroma who had summarily sacked Sam Sumana on claims of abandoning his office and duties to seek political asylum in the United States Embassy in Freetown. The dismissal followed the immediate disarmament and withdrawal of Security details from the Vice President.
The ECOWAS (Economic Community Of West African States) Court of Justice looked into the matter after the Supreme Court. At a Press conference the following day, 28th November, 2017, held at SLPP Headquaters in Freetown, the party leadership urged the then APC government to comply with the court’s judgement, and same time called on the Attorney-General and Minister of Justice, Joseph Fitzgerald Kamara to resign immediately.
President Julius Maada Bio made this statement at the press conference: “I want it to be known that I fully respect the ruling of the ECOWAS Court. I would not hesitate to implore President Koroma’s government to swiftly and diligently accept and honour the ruling of the ECOWAS court in respect of the wrongful removal from office of the elected Vice President.”
President Bio maintained his stance about Chief Sam’s removal throughout. The 2018 SLPP Manifesto condemned Koroma’s unconstitutional actions saying “the Koroma government had rampant and complete disregard for the rule of law.”
President Bio also condemned Chief Sam’s sacking in the Governance Transition (GTT) Team report saying: “the former APC Government undermined the rule of law and separation of powers. Former President Koroma provoked a constitutional crisis by sacking the elected Vice President, Alhaji Samuel Sam Sumana, and replacing him with a handpicked member of his APC, Victor Bockarie Foh, a decision that upon a legal challenge, the ECOWAS Court found wanting.”
The GTT does not only stop at the condemnation but also recommended the investigation of the judiciary, in particular, the Supreme Court in respect of the unconstitutional removal of the elected Vice President.
Bio also expressed his agony for Chief Sam’s removal on the occasion of the state opening of the first session of fifth parliament when he assured parliamentarians that he would lead by example by respecting the rule of law in the best interest of national development and stability.
He further assured Sierra Leoneans that his government would review unlawful acts of the past government by way of judicial and parliamentary review.
The aim was to facilitate quick restoration and maintenance of the rule of law, strengthen judicial independence to avoid current embarrassment engendered by the ECOWAS Court ruling in the Sam Sumana case.
By resorting to such actions, the reckless exercise of Supreme Executive Authority could be avoided.
At the launching of the Constitutional review ‘white paper,’ President Bio also criticised ex-President Koroma for removing the former Vice President. “In the New Direction Manifesto, we bemoaned the countless breaches, infractions and abuses of our national constitution by President Koroma and his All People’s Congress including the sacking of an elected Vice President,” President Bio assured.
As a way of continuing the President’s ill-will towards Chief Sam Sumana, Speaker of Parliament Dr Abass Bundu ruled out paying pension and benefit to the former Vice President saying he was not entitled to such benefit according to the Pension and Gratuity law.
Chief Sam, he said, was still a politician.
“The law does not envisage a situation where a person keeps one foot in retirement and one foot in active political service,” he said.
Bio honoured none of his words towards Chief Sam Sumana. The former Vice President was dismayed when he received a letter on 9th January, 2019 from the Inspector-General of Police, Richard Moigbe to withdraw his bodyguards saying he was not a retired Vice President.
Bio insisted on his decision despite call by Sam’s lawyer to restore the former Vice President’s privileges including his security personnel. The lawyer also reminded Chief Sam that Sierra Leone is bound by the ECOWAS Court judgement.
Owing to the President’s refusal to restore Sam Sumana’s dignity as former Vice President, Sam’s lawyers requested the ECOWAS Court to impose sanctions on the government of Sierra Leone through suspension of new community loans or assistance, suspension of disbursement on on-going community projects or assistance programmes among others.
Chief Sam whose rights had been trampled on, filed papers, through his lawyers, to the Supreme Court on 20th March, 2015 to challenge his removal. The Supreme Court faced two basic legal questions: Whether the Constitution of Sierra Leone empowers the President to relieve the Vice President of his office and duties in any way other than by the procedure set out in sections 50 and 51 of the constitution.
The Supreme Court was also under obligation to provide answers about whether Supreme Executive authority of the President mentioned in section 40(1) of the Constitution of Sierra Leone includes the power to relieve Sam Sumana of his office and duties other than by the procedure set out in the aforementioned sections of the constitution.
The Supreme Court on 9th September, 2015 ruled in favour of ex-President Koroma upholding the decision to sack the former Vice President.
Since Justice could not be obtained locally, the former Vice President proceeded to the ECOWAS Court arguing that the Koroma-led government violated his rights to protection and security of the law, right to due process of the law, right to work, right to participate in government, right to personal safety and security and right to dignity as enshrined in the African Charter of the Human and People’s Rights, 1981 as well as the International Covenant on Civil and Political Rights, 1966 and the Universal Declaration of Human Rights, 1948.
Bent on removing the former Vice President at all cost, ex-President Koroma challenged the Court’s jurisdiction saying it lacked the power to hear Chief Sam’s case.
The case continued and a judgement was handed down on 27th November, 2017 in favour of Chief Alhaji Samuel Sam Sumana. “The removal of Samuel Sam Sumana from Office of Vice President was unconstitutional, and a violation of human rights,” ECOWAS Court said. According to the judgement, Sam Sumana’s emoluments and other fringe benefits from the time of his removal must be fully paid to him.