Hon. Justice Momoh Jah Stevens has on Thursday, 27th June 2019 delivered judgement on the Parliamentary Election petition case between the petitioner Foday Sadiku Kallon and 1st Respondent Roland F. Kargbo APC & others.
Delivering ruling on the March 2018 Parliamentary election petition cases filed at the High Court of Sierra Leone between the ruling Sierra Leone Peoples Party (SLPP) and the main opposition, All Peoples Congress (APC), Hon. Justice Momoh Jah Stevens stated that the Honorable Court dismisses the petition dated 23rd April 2018 filed by the petitioner Foday Sadiku Kallon who could not prove his case.
The Hon. Justice also stated that the Hon. Roland Foday Kargbo of the All Peoples Congress shall continue to represent constituency 064 Karene District, North West Area of the Republic of Sierra Leone in the House of Parliament.
The learned Justice ruled against the SLPP petitioner Foday Sadiku Kallon which brings an end to the matter except the Petitioner decides to appeal.
Also in the matter before Hon. Justice Komba Kamanda J between the petitioner Alpha Fode Madie Jabbie (SLPP) of constituency 040 and the 1st respondent Alhassan Jero Kamara (APC) and others in Falaba District, the learned judge ruled that the 1st respondent Alhassan Jero Kamara of the APC was not duly elected or returned as Member of Parliament for Constituency 040 in Falaba District and therefore ruled by invalidating the said election and ordered for a rerun election in Constituency 040.
On pages 7 and 8 of his Judgement, the learned trial Judge held that ” Do the allegations complained of changed the complex of the election held at Constituency 040? As I stated, the allegations are grave. I have looked at the Election result as stated on the Gazette published on the 10th April, 2018, indicating that the Respondent pulled 3605 votes 37.31% while the Petitioner pulled 3497 votes 36.19%. The difference between the candidates is One Hundred and Eight votes (108) with the evidence that a Station was fictitiously added which was not part of the process where TWO HUNDRED & EIGHT people voted, coupled with the tempering of election materials clearly affect the entire result…”
On the other file between Sahr Francis Gbondo (SLPP) vs. Tom Tucker (APC) & Others (NEC), for Constituency 022, Kono District, the learned trial Judge, Hon. Justice Komba Kamanda J dismissed the Application of A. Showers Esq., who prayed among others that the Petition be stroke off. The Judge dismissed the said application and ordered for the matter to proceed to trial. Matter adjourned to the 11th July, 2019.
Upon hearing of the judgment, one of the counsels for the petitioners Ibrahim Fayia Sawaneh Esq. stated that ”the law is supreme and must be respected at all times. We now have a Judiciary from which we can find recourse unlike what used to happen during the past regime. We have seen under this current regime, the ruling SLPP party loosing petition cases on merit to the opposition APC.”
This he said was never seen under the APC regime of Dr. Ernest Bai Koroma. ”At last, we are now experiencing the independence of the Judiciary which is very key,” he concluded.
Other counsels for the petitioners are I. Kanu Esq. and M. Kenneh Esq, while A. Showers & B.S Kamara Esq represented the 1st Respondents on both files.