Joseph Fitzgerald Kamara, the lawyer representing former President Ernest Bai Koroma, has drawn parallels between a recent U.S. Supreme Court decision regarding former President Donald Trump’s immunity and Koroma’s case in Sierra Leone.
Kamara argues that the U.S. ruling, which upheld Trump’s immunity for official acts, supports his assertion that Koroma’s actions, including the approval of a recapitalization loan for Rokel Bank and the payment of retirement benefits to Petroleum Directorate staff, were official acts protected by immunity.
Kamara criticized the Sierra Leone Court of Appeal’s decision, which ordered Koroma to repay $13 million related to the Rokel Bank recapitalization despite evidence that the bank had repaid the loan. He highlighted the bank’s current success and increased government capital shares as proof of Koroma’s sound decision-making.
Commenting on the U.S. Supreme Court’s divided ruling on Trump’s case, Kamara noted the split was along party lines, raising questions about the fairness and correctness of such judgments. He expressed concern that democracy is becoming a “hydra-headed monster” due to these partisan divisions.
Kamara, who previously served as Attorney General and Minister of Justice, reiterated that the 1991 Constitution of Sierra Leone grants immunity to the president for actions taken in office. He cited Section 48(4) of the constitution, which states: “While any person holds or performs the functions of president, no civil or criminal proceedings should be instituted or continued against him in respect of anything done in his private or official capacity.”
The case against Koroma, which has been closely followed since its initiation on October 13, 2020, reached a critical point on December 14, 2023, when the Sierra Leone Court of Appeal delivered its final judgment.
The court ruled unanimously that no legal provision in Sierra Leone grants absolute immunity to any individual, including the president. The ruling clarified that immunity does not protect against investigation and prosecution for gross misconduct, including corruption, committed during or after a president’s tenure.
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