Plaintiff seeks to restrain party from conducting zonal elections
June 16, 2015 By Hassan Gbassay Koroma
Lawyers for plaintiff Ambassador Alie Bangura in the Supreme Court petition against the executive of the Sierra Leone Peoples Party (SLPP) yesterday commenced an application which seeks to restrain the party from conducting any level of internal elections as such would be detrimental to the interest of their client.
Lawyer Osman Jalloh, who stepped in the shoes of his senior, Yada Williams, informed the quintet of judges – Acting Chief Justice Valisius Thomas, Justices Nicholas Browne-Marke, Eku Roberts, Patrick Hamilton and Vivian Solomon – that they had filed an affidavit on 11 June, 2015 with many exhibits containing a press release dated 16th April 2015, authored by the Sierra Leone Peoples Party, which stated that the party has expelled the plaintiff, and a letter signed by the first defendant, who is Chairman and Leader of the party, Chief Somano Kapen, against the complainant.
He said there were serious issues confronting the party as the current SLPP executive had originated a practice to conduct elections and seems to have taken a pattern of suspending or expelling members who are loyal to the plaintiff.
He submitted that to hold elections now at any level within the party would be detrimental to the plaintiff, and informed the court that zonal, constituency, district and regional level elections were imminent as he prayed that the party be restrained from going ahead with the elections while the original action by the plaintiff, seeking a declaration of nullity against the current executive, is still being heard by the court.
In his reply, Hon. Dr. Bu-Buakei Jabbi, counsel for the defendants (SLPP executive), said the party is not a party to the case but officials who govern the party are.
He said the party would not allow its executive to conduct any elections at any level until 18 June, 2015.
But the Acting Chief Justice warned that the SLPP should not hold any election until the matter comes up again on 18 June for further hearing.
Ambassador Alie Bangura had filed a petition at the Supreme Court of Sierra Leone in 2013, challenging the outcome of the Bo Convention where he lost to current Chairman and Leader, Chief Somano Kapen.
Lead defence lawyer, Hon. Dr. Jabbi had raised an objection to the originating motion filed by the applicants, Ali Bangura and others, in the apex court.
Dr. Jabbi based his objection on the fact that there was undue delay in filing the notice of motion, and that the matter suffered from irremediable irregularities in the form of non-compliance with the relevant mandates of specified rules, which he maintained deprived the plaintiff from validly invoking the jurisdiction of the court in dealing with the originating notice of motion.
He thus asked that they set aside and dismiss the motion since the court has no jurisdiction to hear the matter.
However, the court ruled against Dr. Jabbi’s objection and ordered him to pay cost of three millions Leones to the plaintiff.
The matter was adjourned to 18 June.