By Amin Kef Sesay
In the long awaited conclusion of the Alfred Peter Conteh Vs Ernest Bai Koroma & APC’s Case a ruling was finally given by Justice Adrian Fisher on the 28th April, 2022 at the Court No. 1 Main Law Courts Building in Freetown where Ady Macauley Esq. represented the APC Party, Africanus Sesay Esq., the Secretary General of the party, Ambassador Osman Foday Yansaneh and I.I Mansaray Esq. representing Dr. Ernest Bai Koroma.
In his ruling, Justice Adrian Fisher dissolved the current APC National Executive including the National Secretary General, Ambassador Osman Foday Yansaneh, whom he ordered to vacate office within 14 Days and to further provide handover notes to the Interim Committee. He placed a perpetual injunction granted against the current National Executive from holding themselves out as Executive members, meaning they are no longer eligible to contest for any Executive position in the party.
He stated that the National Advisory Council (NAC) and all the Executive members of the APC were illegal in office as they were not democratically elected as required by the 1995 APC constitution and or the 1991 constitution of Sierra Leone.
The Judge continued that NAC in particular, save for the Chairman and Deputy Chairman, was not properly constituted as majority of their members were not democratically elected into office.
Giving the way forward, Justice Fisher ordered that an Interim Transition Governing Committee be formed to conduct the forthcoming National Delegates Conference. He maintained that the Interim Transition Governing Committee shall comprise of 21 Man Committee and nine (9) members of the Committee shall be appointed by the Plaintiff, Peter Conteh, one of which shall be the Chairman.
Justice Adrian also stated that the Leader of the Opposition in Parliament, who is Hon Chernor Bah alias Chericoco shall nominate the following in consultation with members of Parliament: 2 from the North,
2 from the North West, 2 from Western Area, 2 from South,1 Young Generation representative, 1 Diaspora, 1 Women’s wing representative
1 legal representative of the party of not less than 20 years standing.
Added to that, he ruled that Interim Transition Committee should be formed on or before 14 days of the order of the Judge, exactly the 15th May, 2022 to take up office.
Looking into the legality of the APC National Executive, Justice Adrian Fisher said the APC Executive ought to have been elected not selected.
“The Nation Advisory Committee of the All People’s Congress party doesn’t have the POWER to override the party’s Constitution.” Justice Fisher said adding that the APC National Executive was illegally selected and not elected.
“APC acted contrary to its 1995 Constitution and the Sierra Leone 1991 Constitution,” said Justice Fisher, adding, “Political Parties are there to shape the Political Will of the People.”
He said there are no minutes of NAC meeting/s to be provided to the Court to confirm or dispute whether NAC met.
Furthermore, the legal representative of Alfred P. Conteh, Jessie M. Jengo Esq on behalf of his client has demanded over Le1.3 Billion from former President Ernest Bai Koroma and the All People’s Congress (APC) Executive which he made after the law court ruling .
According to Judiciary of Sierra Leone Communications, Jessie M. Jengo on behalf of his client asked the Court to award a cost of $83,860, an equivalent of Le. 1, 313, 617, 00 after successfully obtaining a perpetual injunction against the Defendant from holding themselves out as Executive members of the APC Party.