By Foday Moriba Conteh
In a letter of dated 17th February, 2023 written by Alfred Peter Conteh, Chairman of the APC Interim Transitional Governance Committee (ITGC) and addressed to the Chairman of the Political Party Registration Commission, he bitterly complained about what he referred to as variation in conducting the APC Convention from the 18th February to 19th February, 2023.
According to Peter Conteh, the Interim Transition Governance Committee (ITGC) of the All Peoples Congress Party was established pursuant to Paragraph 90.8.1-6 of the High Court Judgement of Adrian Fisher J of the Sierra Leone High Court on the 28th April, 2022.
He continued by maintaining that the ITGC is the only established Committee in the APC mandated by the High Court of Sierra Leone to govern the overall affairs of the APC Party until the National Delegates Conference (NDC) pursuant to Paragraph 90.10 of the judgement of Justice Adrian Fisher on the 28th April, 2022.
Alfred Peter Conteh pointed out that the Transition Interim Independent Elections Management Committee (TIIEMC) was established by the 7th March, 2022 APC Constitution in the Transitional Provisions in Article 82.f.
He mentioned that on the 23rd November ,2022 pursuant to Paragraph 66.8 the same Court under the jurisdiction of His Lordship, Honourable Adrian Fisher, made variations and a deadline of 29th January ,2023 was set forth for the ITGC – APC to conduct the National Democratic Congress (NDC) under the supervision of the PPRC.
“In the same ruling the Honourable Court established a guideline as to how the TIIEMC was to be constituted pursuant to Paragraph 66.3,16 of the Judgement of 23rd November, 2023,” he continued adding that the TIIEMC was given 45 days starting on 5th December, 2022 and not later than 19th January, 2023 to conduct all lower level elections pursuant to Paragraph 66.6 of the Judgement of Adrian Fisher J on the 23rd November 2022.
Alfred Peter Conteh also informed the PPRC Chairman that the ITGC, pursuant to Paragraph 66.8 of the Judgement of the 23rd November, 2022 by the Honourable Justice Adrian Fisher was tasked with the mandate to conduct the National Delegates Congress (NDC) not later than the 29th January, 2023 under the supervision of the PPRC.
He stated that in January 2022, the Chairman of TIIEMC requested for an extension of time through a motion to the Honourable Court of Justice Adrian Fisher.
An extension of time was granted with new variation to those paragraphs that deals with time.
He pointed out the new timeframe set forth for the TIIEMC to complete their mandate was not later than the 17th February, 2023 adding that the new timeframe set fort for the ITGC to conduct the NDC was not later than 25th February , 2023.
According to Alfred Peter Conteh, the ITGC is aware of an interim injunction issued on the 15th February, 2023 to the 23rd February, 2023 by Her Worship Justice Hannah Bonnie of the Sierra Leone High Court.
He pointed out that two Public Notices came out on the same day from the ITGC denoting acknowledgment of the injunction saying the first Public Notice from the Secretary to the Committee was defiant in nature as he vowed to proceed with the NDC and the second Public Notice from the Chairman of the ITGC shows expected civility as it was tolerant to the dictates of the Sierra Leone High Court.
Alfred Peter Conteh told the PPRC Chairman that the ITGC of the APC, through social means, WhatsApp to be specific, came across another variation given out around mid-noon of the 17th February, 2023 from Justice Hannah Bonnie; in which Her Lordship gave the TIIEMC, an ad hoc committee tasked with the sole responsibility of conducting lower level elections before the 17th February 2023, and whose Chairman sent a copy of his Certificate of Compliance to his Attorney indicating that the TIIEMC has completed their assigned task of conducting all lower lcvel elections in the APC.
Alfred Peter Conteh said from the moment his Attorney received the Certificate of Compliance, the mandate and existence of the TIIEMC has expired.
He stated that as the Chairman of the Committee tasked with the responsibility to be supervised by the PPRC at the NDC, even though he is yet to receive an official vacate of the orders given by Justice Adrian Fisher J on both rulings stated above, he is reaching out to the Commission to register the following criticisms as to why the variation needs further legal clarifications, if it were to be followed:
That the ITGC is still the only body within the APC that has the mandate of conducting the All Peoples Congress Party National Delegate Conference,
He pointed out that the time given to conduct the NDC, if the ITGC is still under injunction is not practical and that the PPRC verify the authenticity of the variation.
Alfred Peter Conteh pointed out that the TIJEMC is not the body tasked to conduct NDC and his orders as PPRC Chairman to supervise their activities is only during the time of conducting lower level elections and as such the PPRC cannot supervise them at the NDC.
He added that the TIIEMC’s sole mandate to conduct all lower level elections expired prior to the said variation tasking them to conduct the NDC.
According to him, therefore, as mentioned above and by evidence attached, the Chairman of the TIIEMC unequivocally attesting that their mandate has ended, and as such they have ceased to exist and don’t have the legal framework to reconstitute to conduct the NDC.
He also pointed out that the ITGC of the All Peoples Congress party, the body tasked with the responsibility of governing the overall affairs of the APC, of which he is the Chairman is unaware of any legal representation seeking variation.
Alfred Peter Conteh finally asked the PPRC Chairman to enquire the source of the mandate of the said lawyers who made those requests on behalf of the APC party without the ITGC.
Copies of his letter were sent to Justice Adrian Fisher, Justice Hannah Bonnie, the Peace Commission Sierra Leone, EU, USA Embassy, British High Commissioner Sierra Leone and the Inspector General of Police.
