By Amin Kef (Ranger)
In a landmark ruling, the Court of Appeal presided over by Honourable Justices Ivan Sesay, Alhaji Momoh-Jah Stevens and Adrian Fisher, unanimously dismissed the appeal lodged by former President Dr. Ernest Bai Koroma against the Judge-led Commission of Inquiry (COI). The Court further mandated the Anti-Corruption Commission to conduct an investigation into allegations of abuse of office against the Ex-President.
The Judges’ verdict demanded that the appellant repay a total of USD 135,000.00 within seven days, representing the value of a land sale to Hilal Toufic Kange and Winners Chapel. This directive aims to cover the entire nursery land in question.
Additionally, the Court ruled that the former President bears the cost of Le. 300,000,000.00 for the appeal.
The Commissions of Inquiry, established by President Julius Maada Bio under Constitutional Instrument No. 64 of 2018, operated within the framework of Section 147 of the Constitution of Sierra Leone, Act No. 6 of 1991.
Justice William Annan Atuguba served as Chairman and Sole Commissioner entrusted with scrutinizing the assets and relevant affairs of officials who served in the previous administration from November 2007 to April 2018, aiming to ensure governance accountability and transparency in public offices.
After the submission of the COI report, the Government issued a white paper in September 2020, outlining the findings. Subsequently, former President Ernest Bai Koroma, discontented with the findings in the COI report and white paper, filed an appeal.
According to the Sole Commissioner’s findings, while there was no direct evidence of personal benefit, the former President was implicated in orchestrating a fraudulent compensation scheme involving the grant of a freehold estate to Alhaji Kemoh Sesay, an act constituting an abuse of Executive power.
Lead Lawyer Joseph Fitzgerald Kamara argued on behalf of the Appellant, relying on written submissions and referencing statutory and case law authorities in the four grounds of appeal.
In a detailed 19-page judgment, the Court of Appeal concluded that Dr. Ernest Bai Koroma had abused his office for personal gain and contravened national public procurement laws.
Following the ruling, J.F. Kamara Esq. announced intentions to appeal the judgment in the Supreme Court.
