By Amin Kef Sesay
On Monday, 26th April, 2021, the Court of Appeal, presided over by Hon. Justice Ansumana Ivan Sesay (JA), ordered with immediate effect the refund of monies paid so far in respect of the findings and recommendations of the COI against the former Minister of Lands, Alhaji Musa Tarawally and Baba Brima Fortune, former Permanent Secretary in the Lands Ministry, during the Appeals hearings filed by the affected parties. The Court also ordered, with immediate effect, the arrest of Umaru A. Conteh and Mami Koroma, former Permanent Secretaries in the Ministry of Education, Science and Technology.
The Appellants; Alhaji Musa Tawarally, former Lands Minister and Baba Brima Fortune, former Permanent Secretary in the Lands Ministry, Umaru Conteh, Mami Koroma (both having served as former Permanent Secretaries in the Ministry of Education, Science and Technology); separately filed Appeals following the launch of the Government’s Whitepaper challenging the findings and recommendations of the Commissions of Inquiry, which was presided over by three empanelled Justices-Hon. Ansumana Ivan Sesay (JA), Momoh Jah Stevens (JA) and Hon. Adrian J. Fisher (J).
After listening to the arguments put forward by lawyers of the Appellants, the Judges upheld the findings and recommendations of the Judge-led Commissions of Inquiry against Umaru Conteh, Mami Koroma and ordered that both be arrested and that the Appellants bear the cost of the appeal summarily assessed at Le50,000,000 to be paid forthwith. Whereas in the case of Alhaji Musa Tawarally and Baba Brima Fortune, the court maintained that the Commission’s findings against them were not justifiable in the light of the evidence before it, for which their appeals were both allowed, and the findings, including those referred to as adverse and claims, allowed.
Arguing his grounds of Appeal, Lawyer Ady Macualey, who represented the Appellant, Umaru A. Conteh, told the court that the sole Commissioner erred in Law in making adverse findings and recommendations against his client who didn’t fall within the scope of the subject matter mandate.
He further argued that the sole Commissioner violated the principle of natural justice in that he failed to accord his client the opportunity to be heard, adding that the findings and recommendations of the sole Commissioner against the Ministry in respect of his client are against the weight of the evidence before the court.
State Counsel representing the Attorney General and Minister of Justice, Robert Kowa, had argued that the Appellant didn’t fall within the scope of the Commission, but within its terms of reference and also had no adverse effects against him, which gave him the legal basis to appeal.
He went on to argue that there was sufficient evidence before the Sole Commissioner that enabled him to ascertain that the Appellant was a collaborator.
With similar arguments being made for Mani Koroma, the Court held that the findings of the Sole Commissioner in relation to both Appellants are hereby upheld and that all adverse findings and recommendations against them by the Sole Commissioner and the whitepaper were upheld.
Refusing the Commission’s recommendation that the Appellants are barred from holding Public offices, the Court further ordered that “pursuant to the provisions of Section 78 (1)(a) of the Anti-Corruption Act 2008, we are of the opinion that the findings of the Sole Commissioner, which have been upheld by this Court, disclose acts that may constitute offences under the ACC Act 2008 as amended, and we hereby order the Undersheriff to arrest the Appellant forthwith for onward transmission to the ACC,’’ and referred the findings and exhibits of the Sole Commissioner with respect of the Appellants for investigations.
The Court ruled that the Appellants bear the cost of the appeal, summarily assessed at Le50, 000,000, to be paid forthwith.
