By Jane B. Mansaray.
The Supreme Court of Sierra Leone yesterday declared the Presidency and candidacy of Julius Maada Bio under the ticket of the Sierra Leone People’s Party (SLPP) valid.
The consolidated presidential election petition matter filed by former flag bearer of the main opposition All People’s Congress (APC) Dr. Samura MW Kamara, Dr. Sylvia Olayinka Blyden, Secretary General Ambassador Osman Foday Yansaneh and Deputy Leader and Chairman Alhaji Minkailu Mansaray all members of the APC party has been struck out of court for failing to approach the court by an originating notice of motion which is applicable in the Supreme Court Rule of 1982 and not by the wrong Election Petition Rule of 2007 which is only applicable at the High Court.
The manner in which the four petitioners approached the Supreme Court failed and cannot stand for non-compliance of procedure and due processes of the law.
According to Chief Justice, Desmond Babatunde Edwards who formed a corum of the panel of Judges, the Election Petition Rule of 2007 by which the petitioners approached the Supreme Court disclosed no cause of action as to the petitioners claim, and there is no Presidential petition rule by way of an originating notice of motion.
“The Supreme Court cannot be approached by any other method, any other method applied is fatal and not consistent with the 1991 national constitution of Sierra Leone”, Chief Justice Edwards stressed.
Chief Justice Desmond Babatunde Edwards stated that it is impossible and highly prejudicial and unfair to allow a fresh Presidential voting for the validity of President Bioโs Presidency. “You don’t just say things…you have to prove them with sufficient evidence, as there is no evidence of fact to the petitionersโ allegation of irregularities and over voting”, Justice Edwards said.
The petitioners were before the Supreme Court to challenge and question the validity of the 7th March 2018 general election and declaration of President Bio by the then Chief Electoral Commissioner as winner of the 31st March run-off Presidential election.
Others issues of intimidation, malpractice, harassment and corruption were raised in the affidavit of the petitioners.
Lawyer George Banda Thomas on behalf of the third defendant, President Julius Maada Bio and the SLPP thanked and appreciated the panel of Judges for their courage in taking such a decision.
Counsel representing first and second defendants National Electoral Commission and the Chief Electoral Commissioner, Lawyer Emmanuel Saffa Abdulai and Lawyer Lansana Dumbuya on behalf of the three petitioners joined defendant counsel in appreciating the Judges.
Dr. Sylvia Olayenka Blyden as the forth petitioner said she was impressed with the decision and outcome of the matter.
She personally expressed thanks and appreciation to Chief Justice Desmond Babatunde Edwards for guiding the procedure and processes in filing a Presidential election petition in the Supreme Court.
The five panel of Judges include Justice Nicolas Brown-Mark, Eku Roberts, Alusine Sanie Sesay and Ansumana Ivan Sesay
