By Amin Kef (Ranger)
The Leader of main opposition All People’s Congress (APC) Leader, Dr. Samura Kamara, has lend his voice to the controversy surrounding Government’s award of the Rail and Port Contract to Kingho Mining Company as opposed to ARISE IIP, a credible business entity that, many have stated, presented a better bid for the development, expansion, and management of the Pepel Rail and Port that even included, to the joy of many, the introduction of passenger train services and for whose termination of a signed Lease Agreement with the Government of Sierra Leone that was still in force, without convincing reasons given by the country’s Attorney General and Minister of Justice , Mohamed Lamin Tarawallie, during a Press Conference, convened by the Ministry of Information and Civic Education on Friday 27 October 2023 at the Radisson Blu Hotel Conference Centre, in Freetown.
Dr. Samura Kamara, in a tweet message on Wednesday 2nd November 2023, cautioned that after listening with keen interest as an experienced personality and Sierra Leonean in national economic management and nation building, to recent broadcasts by very Senior Government Officials relative to a tripartite investment relationship between Government of Sierra Leone, ARISE and KINGHO, he would want to caution that whatever difficulties there are bordering on the aforementioned relationship, as a nation, we ,as a nation, must desist from going public until the relationship is orderly mended adding that it is not impossible.
The main opposition APC Strongman also urged all parties to handle the matter thoughtfully in order to prevent any potential State embarrassment. He again maintained that investor appetite for Sierra Leone is still lukewarm maintaining how it is strongly advisable to bring both companies to the table for resolution and avert any subsequent legal entanglements.
Dr Samura Kamara’ statement came in the wake of a significant development, as ARISE IIP’s UK legal representatives, LinkLaters, have sent a “Letter Before Action” to the Government of Sierra Leone. The letter, dated November 1, 2023, is addressed to the Minister of Mines and Mineral Resources. It sternly advises the Government against proceeding with their recently announced plans, which were unveiled during a Press Conference at the Radisson Blu Mammy Yoko Hotel in Freetown on October 27, 2023.
The legal notice issued by LinkLaters contains a clear warning, stating that they intend to pursue legal action against the Government of Sierra Leone if it proceeds with its current course of action. This action pertains to the approval of a new lease agreement with Kingho Railway and Port Company Limited, aimed at overseeing the development, expansion and management of the Pepel Railway and Port.
The ARISE lawyers have set a deadline of November 3, 2023, for the Government of Sierra Leone to provide written confirmation that they will not proceed with the actions outlined in the October 27, 2023 Press Conference held in Freetown.
In the event that the Government fails to comply with this demand, LinkLaters’ letter explicitly reserves the right for their client to initiate legal proceedings against the Government of Sierra Leone. These potential legal actions may include but are not limited to seeking injunctions, pursuing arbitral claims for interim relief and filing claims for damages.
As at the time of going to Press, the response from the Sierra Leonean Government remains uncertain. The situation is under investigation and further developments are anticipated.
The legal advisers near Bio are as clueless as the Minister of mines that Bio had appointed to that Ministry since he removed Professor Komba Manye from that Ministry. How can you just go about awarding and terminating contract without thinking about the Contract laws. The country can ill afford to spend another tens of thousand of dollars because of Buffoons running the country. Business is not not that way. If the government get this one wrong, I would expect Parliament to pass a vote of none confidence in this government for dragging the image of the country in the mud and probably their personal concernment.