KKY Guilty Or Not Guilty -Verdict Wednesday February 28


The Supreme Court is expected to deliver verdict on Wednesday 28th February, 2018 in a matter brought before it by lawyers representing the All People’s Congress (APC) party against the presidential candidate for the National Grand Alliance (NGC), Alhaji Dr. Kandeh Kolleh Yumkella.

Lawyers representing the plaintiff have asked the Supreme Court to interpret certain Sections of the 1991 Constitution in a bid to prove that the NGC presidential candidate does not qualify to run for the presidency in the 7th March national elections.

It could be recalled that the issue of dual citizens being disqualified by the 1991 Constitution from serving as Minister, Member of Parliament or President came up after Lawyer Francis Gabbidon reminded the nation about the prohibition in a scholarly article he published in November last year.

The APC’s bone of contention with the NGC presidential candidate hangs on their claim that there is no substantive evidence proving that even if Dr Yumkella had denounced his American citizenship, he had not completed the process of reactivating his Sierra Leonean citizenship by making an application to the appropriate national authority for his Sierra Leonean citizenship to be restored. APC maintains that the constitution stipulates thus.

In an earlier related petition to the National Electoral Commission (NEC), the APC parliamentary candidate for Constituency 062 in Samu Chiefdom, Kambia District had asked the Commission’s Kambia District Returning Officer to nullify Dr Yumkella’s candidature, citing that there was no evidence to prove that Dr. Yumkella had renounced his American citizenship six months before the coming election to qualify to take part in it.

The NEC Returning Officer after examining the affidavit presented by Lawyer Ibrahim Sorie for the plaintiff ruled that there was not sufficient ground for the application to nullify Dr. Yumkella’s candidacy to be granted.

Fuming with rage that the Commission had not examined the evidence presented properly, and that it had not also allowed his lawyer to argue his case before the Commission, APC vowed to take the matter further to the NEC headquarters in Freetown.

NEC headquarters ruled, as the Kambia District Retuning Officer did, that the APC’s case was not substantial, pointing out that the burden of proof lies with the party and not Dr. Yumkella. Therefore, it ruled that Dr. Yumkella’s nomination to contest for a parliamentary seat for Constituency 062 stood.

APC swore that they will see justice is done in the court. With these two petition channels exhausted, APC decided to take the matter to the highest court of the land for interpretation of Section 46 of the 1991 Constitution.

Amidst the petition, NEC on Thursday 18th January, 2018 accepted the nomination of Dr. Yumkella to take part in the presidential election.