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Chairman of the Interim Transitional Governance Committee(ITGC) of the All People’s Congress (APC), Alfred Peter Conteh has thrown light on his Complaint made to the PPRC regarding the High Court Variations granted to the TIIEMC to conduct the party’s Convention from the 18th February 2023 to 19th February 2023.
Speaking in the Wake-up Sierra Leone Show at AYV, Conteh said that the TIIEMC was created from the orders of Justice Adrain Fisher whose mandate as per the orders of the Judge is restricted to the conduct of lower level elections for the APC under the supervision of the IGTC.
He noted that the job of the TIIEMC is to conduct elections but according to the orders of Justice Adrain Fisher, it’s mandate is limited to the lower level elections which after conducted, their mandate expires, therefore they have no right to conduct the National Delegates Conference.
Speaking on the injunction matter, he disclosed that the lawyers acting on behalf of the APC in the matter before Justice Fisher misled Justice Hannah Bonnie to order the Transitional Interim Internal Elections Management Committee (TIIEMC) to conduct the NDC.
Conteh confirmed that the matter will be taken to court, following his letter to the PPRC for clarification on the said matter.
Read full letter below:
RE: COMPLAINT REGARDING THE HIGH COURT VARIATIONS GRANTED TO THE TIIEMC TO CONDUCT THE ALL PEOPLES CONGRESS (APC) CONVENTION FROM THE 18th FEBRUARY 2023 TO 19th FEBRUARY 2023
- The Interim Transition Governance Committee (1TGC) of the All Peoples Congress party was established pursuant to Paragraph 90.8.1-6 of the High Court Judgement of Adrian FisherJ of the Sierra Leone High Court on the 28th April 2022.
- The ITGC is the only established committee in the APC mandatcd by the High Court of Sierra Leone to govern the overall affairs of the APC Party until the National Delegates Conference (NDC) pursuant to Paragraph 90.10 of the judgement of Justice Adrian Fisher on the 28th April 2022.
- The Transition Interim Independent Elections Managcment Committee (TIEMC) was established by the 7th March 2022 APC Constitution in the Transitional Provisions in Article 82.f.
- On the 23rd November 2022, pursuant to Paragraph 66.8 the same court under the jurisdiction of His Lordship, Honourable Adrian Fisher, made variations and a deadline of 29th January 2023 was set forth for the ITGC – APC to conduct the NDC under the supervision of the PPRC.
- In the same ruling, the Honourable Court established a guideline as to how the TIIEMC was to be constituted pursuant to Paragraph 66.3,1-6 of the Judgement of 23rd November 2023
- The TIIEMC was given 45 days starting on 5th December 2022 and not later than 19th January 2023 to conduct all lower levcl elections pursuant to Paragraph 66.6 of the Judgement of Adrian Fisher J on the 23rd November 2022.
- The ITGC, pursuant to Paragraph 66.8 of the Judgement of the 23rd November 2022 by the Honourable Justice Adrian Fisher was tasked with the mandate to conduct NDC not later than 29th January 2023 under the supervision of the PPRC.
- On the 16th January 2022, the Chairman TIlEMC requested for an extension of time through a motion to the Honourable Court of Justice Adrian Fisher.
- An extension of time was granted with new variation to those paragraphs that deals with time.
10.The new time frame set fort for the TIIEMC to complete their mandate was not later than the 17th February 2023.
11.The ncw timeframe set fort for the ITGC to conduct the NDC was not later than 25th February 2023.
12.The ITGC is aware of an interim injunction issued on the 15th February 2023 to 23rd Fcbruary 2023 by Her Worship Justice Hannah Bonnie of the Sierra Leone High Court.
13.Two Public Notices came out on the same day from the ITGC denoting acknowledgement of the injunction. The first Public Notice from the Secretary to the Committee was defiant in nature as he vowed to proceed with the NDC, the second Public Notice from the Chairman of the ITGC shows expected civility as it was tolerant to the dictates of the Sierra Leone High Court.
14.The 1TGC of the APC, through social means, WhatsApp to be specific, came across another variation given out around mid-noon today 17th February 2023 from Justice Hannah Bonnie; in which Her Lordship gave the TILEMC, an ad hoc committee tasked with the sole responsibility of conducting lower level clections before the 17th February 2023, and whose chairman sent a copy of his Certificate of Compliance to my Attorney indicating that the TIlEMC has completed their assigned task of conducting all lower level elections in the APC.
15.From the moment my attorney receives the Certificate of Compliance, the mandate and existence of TIIEMC were expired.
As the Chairman of the Committee tasked with this responsibility to be supervised by your Commission at the NDC, even though I am yet to receive an official vacate of the orders given by Justicc Adrian Fisher J on both rulings stated above, I am reaching out to your Commission to register the following criticisms as to why the variation needs further legal clarifications, if it were to be followed:
- That the ITGC is still the only body within the APC that has the mandate of conducting the All Peoples Congress Party National Delegate Conference.
- The time given to conduct the NDC, if the 1TGC is still injuncted is not practical and that your commission verify the authenticity of this variation.
- That the TIlEMC is not the body tasked to conduct NDC and your orders to supervise their activities is only during the time of conducting lower level elections and as such you cannot supervise them at the NDC.
- That the TIlEMC’s sole mandate to conduct all lower level elections expired prior to the said variation tasking them to conduct the NDC.
Therefore, as mentioned above and by evidence attached, the chairman, TIEMC unequivocally attesting that their mandate has ended, and as such they have ceased to exist and don’t have the legal framework to reconstitute to conduct the NDC.
- That the ITGC of the All Peoples Congress party, the body tasked with the responsibility of governing the overall affairs of the APC, of which I am the Chairman is unaware of any legal representation seeking variation.
- That your Commission enquire the source of the mandated of the said lawyers who made these requests on behalf of the APC party without the ITGC.
Sincerely.
Alfred Peter Conteh,
Chairman APC ITGC.
CC:
Justice Adrian Fisher
Justice Hannah Bonnie
The Peace Commission Sierra Leone
The EU Sierra Leone
The USA Embassy Sierra Leone
The British High Commissioner Sierra Leone
The Inspector General, SLP
