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Senior Principal Counsel and member of the Laura Taylor-Pearce Tribunal, Lahai Momoh Fornah Esq has dismissed the application made by defense counsel for the second party applicant Pa Momoh Fofanah on a motion dated 6th June 2022 that the tribunal lacks jurisdiction.
The tribunal panel in their ruling said the tribunal is legitimately set up. therefore, its holds competence. They added that the application made by Lawyer Pa Momoh Fofanah to dismiss the motion is considered premature.
On the other hand, Justice Ivan Sesay also intimated the application as. premature and refutes the application made by counsel challenging the supremacy of the constitution.
After a long recess, the tribunal Investigation hearing against the suspended Auditor General of Sierra Leone, Lara Taylor Pearce and her Deputy, Mr. Tamba Momoh came up at the National Social Security and Insurance Trust (NASSIT) Court on Main Law Court Building Siaka Steven Street in Freetown on the 28th November 2022.
Lawyer Lahai Momoh Farmah delivering the ruling said that based on papers received by the court, Lawyer Mohamed Pa. Momoh Fofana moved an application by notice of motion dated 6th June 2022 for and on behalf of the second party applicant, Mr. Tamba Momoh as Acting Auditor General for the various orders prayed for on the face of the motion.
The application he said sought the following order from the Court; that the tribunal lacks jurisdiction to investigate and inquire into disciplinary hearing and determine any matter pertaining to the applicant’s hearing, preparing the terms of his employment on conditions of service with the Audit Service Sierra Leone on the 2 following grounds:
That the relevant law governing the establishment of operation and terms of reference of the tribunal, Section 119 (9) and 137 (7) of the 1991 National Constitution of Sierra Leone through the Audit Service Act of 2014, particularly with reference to Section 3, 18 and 20 of the Audit provisions and the same has been sighted in the practice direction.
Chairperson of the tribunal, Justice Nyawo Matturi-Jones assured that panel holds on the hearing on simple fact and law.
The panel unanimously dismissed the motion filed by Pa Momoh Fofanah on behalf of the second applicant.
