Judges sitting on the Tribunal set up by President Brig. (Rtd) Julius Maada Bio have ruled that the tribunal panel has legal authority to hear and look into the alleged professional misconduct of the suspended Auditor General, Madam Lara Taylor Pearce and her Deputy Tamba Momoh, pursuant to Section 137, sub-section 5 and Section 119 of 1991 Constitution of Sierra Leone.
The pronouncement was a ruling delivered yesterday in Freetown at the NASSIT Court, on main Law Court Building, Siaka Stevens Street, on the preliminary objections filed by applicant defendant, Tamba Momoh’s legal representative, Mohamed Pa. Momoh Fofana, by notice of motion dated 6th June 2022.
In his oral argument and submissions made in October 2022, Lawyer Mohamed Pa. Momoh Fofana said the Tribunal and the Court lack the jurisdiction to investigate, hear, inquire, discipline and determine the professional conduct of the second defendant, Mr. Tamba Momoh.
Lawyer Mohamed Pa. Momoh Fofana went on to postulate that decisions against the Deputy Auditor General shall be taken by the Board, subject to the 2014 Audit Act, particularly so, he, Tamba Momoh was not appointed by the President or approved by Parliament.
Counsel representing the State, Osman Kanu said the tribunal is constitutional and that the court has the jurisdiction to hear and investigate and make recommendations to the President for disciplinary action based on its findings and recommendations.
The tribunal is being chaired by Justice Nyawo Matturi Jones, and two other Judges including Ansumana Ivan Sesay and Lahai Momoh Farma.
