By Jane B. Mansaray.
The National Secretary General of the main opposition All Peoples Congress (APC) party, Ambassador Alhaji Osman Foday Yansaneh was yesterday cross examined as a deponent of the affidavit in support of a motion dated 27th July 2021, filed in by Lawyer Ady Macauley on behalf of the APC Party.
Speaking from the witness box on oath, Ambassador Yansaneh agreed with Lawyer Jessi Munda (JM) Jengo, the Petitioner`s counsel that the Order of 19th April 2021 was the same order he referenced in Paragraph 13 of the affidavit deposed to for an enlargement of time.
In his cross examination, Lawyer JM Jengo presented the court an earlier judgment document delivered on 19th April 2021 by the presiding Judge, Justice Adrian Fisher to the deponent for questioning. The deponent was specifically directed to Page 66 in paragraph 5 of the court order which was not complied with.
According to Ambassador Yansaneh, the court order was not complied with because of challenges faced by the party which made it difficult for them to comply with the order.
The deponent further told the court that as National Secretary General, he never instructed his counsel to appeal the Court orders, but to appeal on issues of disenfranchisement and not against every order of the court.
“We ought to have complied with the 56 days court order, but the time is not enough to prepare for a convention for 132 Chairpersons and 660 delegates, and adoption of the new APC Constitution” Yansaneh stated.
The application for an enlargement of time was moved and according to Lawyer Ady Macauley, he relies on the entirety of Ambassador Alhaji Osman Foday Yansanehโs affidavit in support dated 21st July 2021 and 4th August 2021 respectively with five exhibits attached, including the court ruling of 19th April 2021 and the proposed timeline leading to the convention and part of the affidavit in opposition. He requested the court to grant the orders prayed for in the application.
Lawyer JM Jengo objected to the application and said he relies on the solace in order 46 Rule 10 of the High Court Rule 2007.
At the mention of the matter at High Court No.1 on main Law Court Building, Siaka Stevens Street in Freetown, between Petitioner Alfred Peter Conteh against former President Dr. Ernest Bai Koroma and other executive members of the APC Party, Lawyer JM Jengo on behalf of the Plaintiff, Alfred Peter Conteh filed a notice of intention to cross-examine the deponent on the affidavit in support of the motion dated 27th July 2021.
Lawyer Jengo informed the court that the application is meant to make certain things clear in the motion, more particularly paragraphs 12 &13 in the affidavit in support.
“I have every right to test the evidence deposed to by way of cross examination of the deponent, and as by the instruction of my client, we don’t want an extension of time,” Jengo stressed.
Lawyer Ady Macauley on behalf of the third respondent, the All People’s Congress (APC) Party opposed to the application to cross examine the deponent.
According to Ady Macauley, the application by Plaintiff counsel JM Jengo was in bad faith and against the court order of 2nd August 2021, by the presiding Justice Adrian Fisher for services of supplementary affidavit. He described counselโs action as mal-afidi that has taken a fresh step.
Ady Macauley urged the court not to entertain such application on the grounds that it intends to abuse the court process, and that counsel JM Jengo has waved his opportunity.
Justice Adrian Fisher granted Lawyer JM Jengoโs application but solely limited him to paragraph 13 of the previous motion of Ady Macauley for cross examination of the deponent, Ambassador Alhaji Osman Foday Yansaneh.
The matter was adjourned to Monday 9th August, 2021 for ruling on Ady Macauley’s application for an enlargement of time.
The petitioner, Alfred Peter Conteh is before the court seeking justice with respect to the tenure of the expired APC Executives.
