By Jane B. Mansaray.
Some aggrieved members of the Central Executive Council of the Sierra Leone Motor Drivers Union have dragged the National President and some senior executive members of the union to court for alleged violation of the union constitution.
The applicants including Lamin Dainkeh and others have in their affidavit before the court asked for several orders including an interlocutory injunction restraining the executive from doing any act of amendment and from conducting the union election in 2019.
In his submission to applicants’ notice of motion dated 12th June 2018, Lawyer L.M. Bayoh said some of the orders prayed for by the applicants including an interim injunction has been granted by another court but this according to the applicants’ counsel had not been complied with by the first and second respondents, Alpha Amadu Bah as President and the Secretary General of the above named union.
He submitted that the decision of the respondents in relation to the matter in court violates the constitution of the Motor Drivers and General Transport Union.
Lawyer Bayoh further submitted that the action of the respondents by forming themselves into a caucus in amending the union’s constitution and at the same time suspending and expelling senior executive and ordinary members of the union is in contravention of Article (9) Paragraph (b).
Such action according to the union constitution must be done with the consent of every executive member at a national conference that is to be held every five years as prescribed by the constitution. He described the first respondent Alpha Amadu Bah as a democratic dictator.
Lawyer Bayoh ignored Orders 4 and 5, and called on the presiding Judge to consider Order 3, 6 and7, restraining the respondent from suspending and expelling any member or conducting any elections until the outcome of the matter.
In reply to counsel’s application, applicants’ counsel Lawyer Alhaji Kamara asked the court to ignore the submissions above and stated that the action of the respondent is in connection with article nine of the union constitution, which talks f discipline and conduct of members.
He said he relied on the entirety of the respondent’s affidavit sworn to and all the exhibits attached including a copy of the union constitution and copy of a minute relating to a suspension decision against some of the applicants.
Lawyer Kamara submitted that there are parameters the court has to consider in granting an injunction and in this case of danger there is a remedy which he said is an adequate remedy that can be quantified.
He said the action of the respondents came as a result of a criminal act by one of the applicants, Alhaji Umaru who was alleged to have converted five Hajj tickets issued by the then government of Sierra Leone to the union to his personal use and benefit.
Other applicants in the matter were also alleged to have converted one hundred and eighty Million Leones gien to the union by (SLIPA) meat for micro credit for union members and at the same time acting as paramount chief whilst serving as an executive member in the union.
Lawyer Kamara also raised the issue of another applicant that sole fifty seven membership cards worth over two Million Leones but only accounted for one Million Leones to the union.
Justice Komba Kamanda has adjourned the matter, for notice to be served.
By Josephine k. Tarawaelie
High Court Judge, Justice Alhaji Momoh Jah Stevens of the Pademba Road High Court in Freetown yesterday found an accused person, Zainab Manneh guilty and sentenced her to three years six months in prison to be served at the Special Court Female Correctional Centre, Jomo Kenyatta Road in Freetown.
The convict was after a preliminary investigation conducted at the Magistrate Court committed to the High Court for trial without bail.
The convict was finally found guilty on one count indictment of wounding with intent contrary to Section 18 of the Offence Against The Person Act, 1861, after already serving two years in remand and was in 2018 arraigned before the presiding Judge.
Madam Zainab was on her second appearance before Justice Stevens convicted after pleading guilty to the indictment.
The particulars of offence state that the convict, Zainab Manneh on the 20th March 2016 at No. 14c Nylender Street, Aberdeen in Freetown wounded Emmanuel Samura complainant in the matter with intent to do him grievous bodily harm.
Lawyer C. Sembie defended the convict whilst State Counsel, Lawyer K.Z Bangura prosecuted the matter.