The Court of Appeal has upheld the findings of the Justice William A. Atuguba Commission of Inquiry, ordering the confiscation of all properties illegally acquired by Alhaji Ibrahim Kemoh Sesay, former Minister of Works and Public Assets.

The court also dismissed Sesay’s appeal, stating that his claims of procedural irregularities in the Commission’s formation were “baseless.”

The three-judge panel, comprising Honourable Justice Komba Kamanda (Chief Justice, presiding), Honourable Justice Fatmatta Bintu Alhadi, and Honourable Justice Tonia Barnett, delivered a unanimous verdict on February 26, 2025, affirming the Commission’s recommendations. The court further ruled that Sesay must bear the costs of both the appeal and the Commission of Inquiry proceedings, to be taxed if not agreed upon.

The case stems from a Commission of Inquiry established by President Julius Maada Bio in 2018 to investigate allegations of corruption, mismanagement, and abuse of office by officials of the previous administration. Alhaji Ibrahim Kemoh Sesay, who served as Minister of Works, Housing, and Infrastructure, Minister of Political and Public Affairs, and Minister of Transport and Aviation between 2007 and 2018, was among the individuals investigated.

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The Commission found that Sesay had acquired multiple properties and assets through fraudulent means, including the illegal acquisition of state land and the construction of high-value properties that could not be justified by his legitimate income. The Commission recommended that these properties be confiscated and returned to the state.

The Court of Appeal addressed several grounds of appeal raised by Sesay, ultimately dismissing most of them. The court upheld the Commission’s findings that Sesay had no legitimate claim to the land he was compensated for, as he had no legal interest in the property where his previous building was demolished. The court also rejected Sesay’s argument that the Commission was improperly constituted, stating that the President had the authority to establish the Commission under Section 147 of the 1991 Constitution.

  1. Illegal Acquisition of Land: The court found that Sesay had no legal claim to the land he was compensated for, as he had no leasehold or freehold interest in the property. The court described his actions as a clear case of “Nemo dat quod non habet” (one cannot give what they do not have). The court also noted that the land in question belonged to the Ministry of Education, and Sesay’s acquisition of it was fraudulent.

  2. Confiscation of Properties: The court upheld the Commission’s recommendation to confiscate several properties acquired by Sesay, including a house at Bintumani Ring Road, Aberdeen, Freetown, valued at Le. 29.9 billion (old leones), and another at No. 19 Wharf Road, Port Loko, valued at Le. 6.04 billion (old leones). The court found that these properties were acquired dishonestly during Sesay’s tenure as a minister.

  3. Valuation of Properties: While the court upheld the confiscation of Sesay’s properties, it acknowledged that the valuation process used by the Commission was flawed. The court noted that the properties were valued based on approximate external measurements, which it described as “unconventional.” However, this did not affect the overall decision to confiscate the properties.

  4. Financial Intelligence Unit (FIU) Report: The court dismissed Sesay’s challenge to the FIU report, which detailed his financial transactions during his time in office. The court found that the FIU had acted within its mandate and that Sesay had failed to challenge the contents of the report.

Court’s Final Orders

In its final orders, the court:
– Upheld the adverse findings of the Commission of Inquiry against Sesay.
– Confirmed the government’s acceptance of the Commission’s recommendations in its September 2020 White Paper.
– Ordered the confiscation of all properties acquired illegally by Sesay.
– Directed that Sesay bear the costs of the appeal and the Commission of Inquiry proceedings.