APC Vs NRM Judgment Day

With both parties remaining antagonistic towards each other, thereby culminating in refusing to heed to advice from party elders for the leadership of the All People’s Congress (APC) to entertain dialogue with the renegade National Reformation Movement (NRM), reports are that Justice Komba Kamanda presiding over High Court No. 2 will at the weekend deliver judgment on the injunction which the aforesaid court granted NRM that was contested by the APC leadership.

Court sources intimate that the learned Judge, who is sitting alone on the matter, has perused the affidavits submitted by counsel for the plaintiffs pleading his clients’ case and that of the respondents’ lawyer refuting the allegations laid against them by NRM of not following laid down constitutional procedures in the run up to the Port Loko National Delegates’ Convention for which NRM sought a successful injunction against its conduct.

“Except for any unforeseen contingency,” a court official said, “Justice Kamanda is prepared to deliver judgment most likely at the weekend. I expect the court Registry to send out the notice to lawyers representing both parties soon.”

On Monday 24th January, 2020, Justice Kamanda adjourned the NRM versus APC injunction matter for ruling. He told the court that notices would be sent to counsels representing plaintiffs and defendants.

In her submission, the APC Lead Counsel, Warrah Serry Kamal Esq. submitted that the jurisdiction is a fundamental issue that must be dealt with, stressing that jurisdiction is a useful question that must be answered before proceedings.

She cited Section 35 (1) and (2) of the Sierra Leone Constitution stating that a political party is established to participate in shaping the political will of the people. The female lawyer maintained that Articles 4 and 5 of the APC December 1995     Constitution clearly stipulates that every member with membership card has right to participate fully in running the affairs of the party.

NRM’s case is that the APC leadership not holding lower level elections before holding the Port Loko National Delegates’ Convention was undemocratic and in violation of the party constitution.

Lawyer Kamal further argued that one must be a member of the party with a membership card carrying his face and bearing the signature of the National Secretary General, Ambassador Osman Foday Yansaneh.

An APC member, she said, must honour his/her financial obligations to have the right to sue the party, adding that  if the party allowed everybody to take it to court, the court would overflow with cases.

Concluding her defense, Warrah Kamal Esq. said the matter brought before the court was not an originating notice of motion but an originating sermon. She therefore applied that the matter be thrown out of court with substantial amount to be paid by the applicants.

The lead counsel for the plaintiffs, Lawyer Hon. Hindolo M. Gevao submitted that the applicants (NRM) should be given the opportunity to argue their case, adding that they are in good standing in their institution to bring such action.

Lawyer Gevao therefore requested the court to order the APC to comply with their constitution and described the NRM application as public interest, noting that a court exists to enquire and listen to any complaint or issue raised by any citizen.