By Jane B. Mansaray.
Lawyer Joseph Fitzgerald Kamara (JFK) yesterday called on the panel of Appeal Judges to rule and declare the adverse findings of COI Sole Commissioner Justice Biobele Georgewill null and void.
The appellant made the call while arguing in person his appeal before the Appeal Court of Sierra Leone, presided over by Justice Ansumana Ivan Sesay, Adrian Fisher and Alhaji Momoh Jah Stevens in Freetown.
In his oral submission to the synopsis filed before the court, he said there was no evidence at the COI to reach an adverse finding against him for abuse of office.
According to JFK, the legal opinion to the Head of State and International tribunal cannot be said to be negligent or unprofessional and does not amount to abuse of office.
“It is the appellantโs case that the Sole Commissioner abused and breached his mandate when he (Sole Commissioner) proceeded to convict and impose penalty without any indictment”, JFK stated.
The COI is set up as an adjudicating process and not as a court of law, and at best it should make recommendation for policy direction to the executive branch of the government. The appellantโs argument is pursuant to a notice dated 14th October 2020.
Mr. Joseph Fitzgerald Kamara sought to rely on his grounds of appeal and the entirety of the affidavits.
In reply, State Respondent, Robert B. Kowa urged the panel of Judges to accept his arguments with reference to a ruling delivered by the former Chief Justice Abdulai Timbo in the case of the Sierra Leone Bar Association (SLBA) and Section 23 of the Legal Practitioners Act.
He submitted that as per Section 64 (1) of the 1991 Constitution of Sierra Leone the Attorney General and Minister of Justice is the Principal Legal Adviser to the government and the COI.
He argued further that the COI is not an adjudicating body but an investigating one, as established by Section 6 (2) of Instrument No.64 of COI 2018.
The appellant was a Person of Interest at the COI on allegation of violation of Section 150 of the 1991 Constitution of Sierra Leone.
