𝐈𝐬𝐬𝐮𝐞𝐬 & 𝐀𝐧𝐬𝐰𝐞𝐫𝐬

By the year 2000, an Isreali businessman Zeev Morganstein had taken the Government of Sierra Leone to the High Court in Freetown for failing to pay him about US$3M he was owed for supplying the Ministry of Defence with critical spare parts for a military helicopter owned by RSLAF (Republic of Sierra Leone Armed Forces).

Zeev decided to take legal action against the Government of Sierra Leone, after all attempts made to get the matter amicably settled, failed. Zeev had some very good friends in the media. He capitalized on his special relationship with the media to generate negative headline news for the Government of Sierra Leone.

The Attorney General and Minister of Justice, Solomon Berewa, was the lead defence counsel for the Government of Sierra Leone. George Banda Thomas (Who had served twice in Kabbah’s government as a Cabinet Minister) was Zeev’s lead prosecuting counsel.

Justice J. E. Massally was the trial Judge in the High Court matter. He was a very controversial man.

During the trial, nobody knew that, Solomon Berewa had written a Legal Opinion on the matter, advising President Ahmad Tejan Kabbah to pay Zeev’s company. Tejan Kabbah was very embarrassed by the negative publicity that the matter had generated. The embarrassment was compounded by the fact that, the Government had a very weak defence in court. Justice J.E. Massally ruled against the Government of Sierra Leone and ordered them to pay the supplier with interest.

After the ruling, Justice Massally was retired from the Judiciary and thrown out of his official residence at Bellair Park.

Solomon Berewa appealed the ruling. He went to the Court of Appeal. The Court of Appeal endorsed the ruling of the High Court and ordered the Government to pay.

Embarrassed by the ruling, coupled with Kabbah’s insistence on the matter to go to the Supreme Court, Solomon Berewa invited three of us (SLPP Journalists- Frank Kposowa, Ibrahim El-Tayyib Bah and yours truly) to his office and appealed to us to stop giving publicity to the matter because it was an embarrassment to the Government and the Party.

Unfortunately for Solomon Berewa, his Legal Opinion on the matter, addressed to President Kabbah, was leaked to the Press. The SLPP Press refused to publish Solomon Berewa’s Legal Opinion in order not to embarrass the Government and the Party further.

Two days later, “For Di People” newspaper (Known to be a fierce critic of Tejan Kabbah and his administration) published, in full, Solomon Berewa’s Legal Opinion on the matter.

Tejan Kabbah got very angry and wanted to know who leaked Solomon Berewa’s Legal Opinion to the Press. Nobody came forward to take responsibility.

The long and short of it all is that, Zeev got paid in full but he never got any supply contract from the Government when Tejan Kabbah was in power.

The Government should always avoid costly litigations.

𝐅𝐮𝐞𝐥 𝐂𝐫𝐢𝐬𝐢𝐬

In 1996, a fuel crisis was looming. The new Government of Tejan Kabbah was under pressure to remove subsidy and allow the pump prices of petrol, diesel and kerosene to go up. The IMF was putting pressure on the government to remove subsidy on these essential commodities. Thaimu Bangura was Kabbah’s Minister of Finance. He was an astute Politician.

He invited few of us (Editors) to his office on George Street and asked us to support the Government’s position on subsidy. He wanted us to justify why, the Government was taking the “painful decision” of removing subsidy on petroleum products.

He said we would argue that the Government was under pressure from the IMF to take such “a painful decision”.

As a new government, they did not want any spectacular fall out with the IMF. The pump prices went up and there was no public backlash against the decision.

𝐆𝐨𝐯’𝐭/𝐌𝐞𝐝𝐢𝐚 𝐑𝐞𝐥𝐚𝐭𝐢𝐨𝐧𝐬

Prime Minister Benjamin Netanyahu of Israel said recently, “We are stronger, when we go together”. The Government and the Media should forge an amicable working relationship. They both need each other especially in a country like Sierra Leone.

Credit must be given where credit’s due. This government has managed their relationship with the media more than any government before them.

President Julius Maada Bio has been the biggest supporter and promoter of press freedom in this country. He has been very consistent in his government’s support for the journalists’ association SLAJ. The annual government subvention paid to SLAJ has consistently been upped for the past three to four years.

The repeal of Part 5 of the 1965 criminal libel law took place under the leadership of President Bio. Others before him promised but they failed to deliver. He did. He must therefore be commended for such a bold decision.

Recently, President Bio said, “Freedom of the Press is an important and essential ingredient for the promotion and sustenance of democracy and good governance”. President Bio continues to promote a free and pluralistic media in Sierra Leone.

𝐀𝐑𝐈𝐒𝐄/𝐊𝐢𝐧𝐠𝐡𝐨

The Journalists have had their say. Social media bloggers are split on it too while some politicians’ perspectives may be influenced by pecuniary considerations. Let’s allow the Lawyers to argue their case in court.

The Government of Sierra Leone has taken a decision as announced at the Friday 27 October Press Conference to terminate ARISE IIP and sign with Kingho Port and Rail. They are standing by it. There is nothing wrong with standing by what you believe in.

All along, some of us had argued that, we cannot afford another costly and prolonged litigation especially after spending about US$25.0 million or more on legal fees alone in the matter between the then SL Mining (renamed Marampa Mines Limited) and the Government of Sierra Leone.

In all such international cases between poor African countries and multinational companies, going to court is not a viable option. Let’s pursue dialogue especially after the Founder and CEO of ARISE, Gagan Gupta, said that, he wants to continue to maintain his relationship with the Government of Sierra Leone.

All said and done, we have decided to draw a line under this matter and move on. The position we took was purely in the interest of the country. Nothing more, nothing else!

The Letter written to the Minister of Mines and Mineral Resources outlining all engagements they have had with the government with evidence speaks volumes. ARISE Law firm, Linklater’s LLP are a leading and one of the largest law firms in the world with proven track record of winning mega cases. Our estimate is that if the company wins the case in court with demand for payment of costs, damages and other levies it could be in the region of US$400-500 million, which is 110 percent of the total reserves of the Central Bank of Sierra Leone.

May common sense prevail!