01 February, 2021 (232News)
By Sahr Ibrahim Komba
FREETOWN – Supreme Court of Sierra Leone has commenced hearing on the petition cases of Sylvia Blyden and Dr. Samura Kamara, the 2018 election flag bearer of the All People’s Congress Party. Both of them are petitioners.
G. Banda Thomas, Musa Mewa, Lamin Mohamed Bayoh, Ibrahim Sawaneh, M. Rogers and M. Kafoe represented the third respondent, Dr. Julius Maada Bio and the fourth respondent, the Sierra Leone Peoples Party made an application for additional prayers to be added to the Affidavit. He made this application pursuant to section 23 rule 7 (1) of the High court rules. The defense counsel said that the amendments they were seeking touch and concern the originating process which they submitted. That the honorable court strike out the election petitions section 6/ 2018 and section 7 /2018 on the grounds that an election petition is not an appropriate originating process to invoke the original jurisdiction of the Supreme Court.
Dr. Sylvia Blyden, first petitioner representing herself, told the court that she has not received the additional prayers from the defense counsel. The Chief Justice Desmond Babatunde Edwards said that the additional prayers should be filed and served to the petitioners.
Lansana Dumbuya, F. Mansaray and M. W Jalloh represented the 2nd, 3rd and fourth petitioners’ respondents. L . Dumbuya, the lead counsel said that the rule provides for amendments but where a seek to make an amendment which can be consider as unreasonable such an amendment must not be consider because the petitions which initiated this process started in 2018.
Dr. Sylvia Blyden and Dr. Samura Kamara separately filed petitions challenging the pronouncement of His Excellency, President Julius Maada Bio as President of the Republic of Sierra Leone in April 2018.
These cases were heard by the Supreme Court which was presided by Justices Nicholas Brown Mark, Eku Roberts and Glena Thompson who gave directives to both petitioners to be consolidated.
After the consolidation of both petitions, on the 18th July ,2018, the third and fourth defendants that is, President Bio and the Sierra Leone Peoples Party respectively filed notice of motion for setting aside the petitions filed on the 3rd August 2018. The petitions remained pending although the affidavits in opposition have been filed.
The cases were not consolidated even though orders were given.
Chief Justice ordered that the solicitors for both the 3rd and 4th defendants to be given time to consolidate both petitions tattled Supreme Court Cases No.6 and 7 of 2018.Both parties were also ordered to refile their motions and Affidavits in opposition under the said consolidated petition case of Supreme Court No.6 and 7 of 2018.
The presiding judges were Chief Justice Desmond Babatunde Edwards, Nicholas Brown Mark, Eku Roberts, Alusine Sesay and Ivan Sesay. The judges ordered that all the parties be given time to filed further affidavits if they wish.
The matter was adjourned to the 2nd February,2021.
