By Millicent Senava Mannah
In a pivotal ruling delivered on Wednesday October 16, 2024, Honourable Justice Anthony Ganda of the High Court dismissed the jurisdictional and preliminary objections raised by the solicitors representing the defendants in the ongoing case involving the Sierra Leone Bar Association (SLBA) and its leadership. The decision not only affirms the legitimacy of the SLBA but also reinforces the importance of upholding the rule of law within the legal fraternity.
The case arises from disputes within the SLBA, where certain members, led by Augustine Sorie-Sengbeh Marrah, challenged actions taken by the Association’s leadership. Justice Anthony Ganda’s ruling emphasized that the court is the appropriate venue for resolving such matters, stating, “Considering the nature of the relief sought, I am of the view that this matter can be heard and determined by this court as it will not in any way cause injustice to the defendants/applicants herein.”
The court’s dismissal of the jurisdictional objections clears a significant hurdle for the SLBA, allowing it to pursue its claims regarding the validity of an Extraordinary General Meeting (EGM) convened on July 10, 2024. At that meeting, resolutions were passed to establish a ‘Care Taker Body’ that the SLBA contends were unauthorized and illegitimate.
The SLBA, represented by its President Tuma Jabbie, filed an Originating Summons on July 18, 2024, seeking multiple declarations and orders, including the nullification of the EGM and its resolutions and an injunction to prevent the defendants from misrepresenting themselves as Directors of the Association. Justice Anthony Ganda’s ruling empowers the SLBA to challenge these actions effectively.
The defendants had previously contended that the court lacked jurisdiction to hear the case, arguing that the issues at hand involved substantive disputes requiring witness testimony and cross-examination. However, Justice Anthony Ganda asserted that the matter is suitable for resolution through the Originating Summons, thereby maintaining the integrity and operational framework of the SLBA.
Justice Anthony Ganda issued three critical orders:
- The court is empowered to hear and determine the matter.
- The jurisdictional objections raised by the defendants/applicants are dismissed.
- Defendants/applicants are required to file an affidavit in opposition to the Originating Summons by October 23, 2024.
The court’s affirmation of its jurisdiction signifies a crucial step toward restoring order within the SLBA and upholding the rights of its members. The ruling allows for a thorough examination of the allegations concerning the legitimacy of the EGM and the election processes involved.
In response to the ruling, Tuma Jabbie expressed confidence in the judicial process and reaffirmed the SLBA’s commitment to upholding the principles of justice and transparency. “This ruling is a victory for all members of the Sierra Leone Bar Association and an affirmation of our dedication to lawful governance within our ranks,” she stated.
As the case progresses, it will be imperative for all parties involved to adhere to the court’s directives and work towards a resolution that prioritizes the interests of the SLBA and its members. The High Court’s decision marks a significant moment in Sierra Leone’s legal landscape, reinforcing the role of the Judiciary in ensuring accountability and justice within professional organizations.
