The Court of Appeal, yesterday, 4th May, 2022 rejected an application made by lawyers representing former President Ernest Bai Koroma for a stay of proceedings in the ongoing Commission of Inquiry (COI) appeals and referred the question of presidential immunity to the Supreme Court for constitutional interpretation.
The application was made by lead counsel for the appellant Joseph Fitzgerald Kamara for the interpretation of Section 48 (4) of the Constitution in relation to the question of whether a former President has immunity form Civil and Criminal proceedings.
Hon. Justice Ivan Sesay (Presiding Judge), Momoh-Jah Stevens and Adrian Fisher ruled that the immunity provided by Section 48 (4) of the Constitution is only applicable to a President while he holds or performs the Office of the President.
Reading pages of his preliminaries, Justice Adrian Fisher delved in the submissions and arguments on both. He also cited similar cases which are of the same status including that Mohamed Alie and former President Ahmed Tejan Kabba.
Reading the second part of the ruling, Justice Alhaji Momoh Jah Stevens gave reasons as to why the Appeal Court cannot make a decision on the matter. He said there are matters which the Appeals Court is entitled to make decisions on and there are others which it does not have the power to decide.
He dismissed the application made by the appellant’s lead counsel Joseph Fitzgerald Kamara for a stay of proceedings.
According to The Exclusive Newspaper, in his response, the lead counsel for the appellant, Joseph Fitzgerald Kamara appreciated the Judges, assuring them that they are proud to pursue their case to its logical conclusion.