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Justice Mohamed Alhaji Momoh Jah Stevens of the Court of Appeal has delivered a significant judicial decision on Friday, May 10th, 2024. He has directed the Sierra Leone Bar Association (SLBA) to proceed with its Annual General Meeting (AGM) and subsequent election, maintaining the venue in Kenema.
The ruling, arising from a civil case brought forward by Julian Cole against the SLBA and its Executive Committee, addresses the contentious issue of the AGM venue change. Justice Stevens underscored the importance of upholding the SLBA’s constitutional framework and emphasized the Executive’s duty to convene the AGM without altering its predetermined location, as no formal resolution had been passed to effect any change.
In his deliberation, Justice Stevens scrutinized the legality of proxy voting, highlighting the absence of concrete evidence to support its practice prior to the enactment of the Companies Act 2009. Consequently, he ruled against the application of section 531(4) of the Act, affirming the precedence of section 197(2) in matters pertaining to proxy voting.
The question of holding an Emergency General Meeting preceding the General Election was left to the discretion of the Executive, as Justice Stevens deferred the decision to their authority.
Furthermore, the Judge mandated the SLBA Executive to ensure transparency and accessibility during the election process by posting a comprehensive list of subscribed members at the Kenema voting venue. Additionally, all eligible members must be provided with receipts confirming their voting eligibility.
Legal representation for the Plaintiff was provided by Lawyer Augustine Sengbeh Marah, a Presidential Candidate of the SLBA, while the Defendants were represented by I. Kanneh.
The Plaintiff’s urgent application, filed on April 2nd, 2024, sought to relocate the AGM venue from Kenema to Freetown, citing challenges faced by young lawyers, including accommodation difficulties and financial constraints. However, Justice Stevens’ ruling reaffirms the importance of upholding procedural integrity within the SLBA, ensuring a fair and democratic election process for all members.
