By Foday Moriba Conteh
The Supreme Court of Sierra Leone has on 31st May, 2023 struck out the action filed by Paul Kamara and Rev. Alimamy Coleson Turay against the Electoral Commission, Dr. Samura Kamara and the APC Party for non-compliance with the Rule 90(1) of the Supreme Court Rules, Public Notice No.1 of 1982.
The administrative decision to strike out the action was taken by the Supreme Court after a Certificate of Non- Compliance was issued on the 29th May, 2023 by the Supreme Court Registrar, Lansana Kotor-Kamara.
It could be recalled that Paul Kamara and Rev. Coleson Turay filed an Originating Notice of Motion on the 17th May, 2023 against the Chief Electoral Commissioner (1st Respondent), the Electoral Commission Sierra Leone (2nd Respondent), Dr. Samura Kamara (3rd Respondent) and the All Peoples Congress (4th Respondent), but they didn’t file their Statement of Case as provided for by Rule 90(1) of the Supreme Court Rules, Public Notice No. 1 of 1982.
Rule 90(1) of the Supreme Court Rules states that, “the Plaintiff may file a statement of his case with the Notice of Motion, or shall in any case within ten days of the filing of the Notice of Motion file the statement of the Plaintiff’s case.”
The Supreme Court Order states that, “the 1st and 2nd Applicants, not having complied with Rule 90(1) of the Supreme Court Rules, Public Notice No. 1 of 1982 and a Certificate of Non- Compliance having been issued on the 29th May, 2023, the Originating Notice of Motion filed on the 17th May, 2023 by the said Applicants, Paul M. Kamara and Rev. Coleson Turay against The Chief Electoral Commissioner (1st Respondent), The Electoral Commission Sierra Leone (2nd Respondent), Dr. Samura Kamara (3rd Respondent) and the All Peoples Congress (4th Respondent) is HEREBY DEEMED TO HAVE BEEN STRUCK OUT, pursuant to Rule 90 (3) of the aforementioned Supreme Court Rules.”
