The High Court in Freetown presided over by Hon. Justice Adrian Fisher on Monday the 21st February 2022 adjourned the corruption case brought by the Anti Corruption Commission (ACC) against Dr. Samura Kamara and five others to today, Friday 25th February 2022.

The matter has to do with the alleged misappropriation of about USD4.5 million subvented by the Government of Sierra Leone for the refurbishment of the country’s UN Building in New York.

The accused persons are, Saidu Nallo (1st accused), Adikali Foday Suma (2nd accused), Foday Vahfomba Bawoh (3rd accused), Dr. Samura Mathew Wilson Kamara (4th accused) with the exception of Dr. Kandeh Foday Basil Kamara (5th accused) and Jules Sanders Davies (6th accused) who is currently out of the jurisdiction.

They are before the court on 48 count indictments ranging from misappropriation of public funds, conspiracy to commit a corruption offense, abuse of office and other corruption related offenses.

In his objection, Lawyer Joseph F. Kamara urged that there was no certificate from the Attorney General and Minister of Justice consenting to indict the 6th accused who is a foreign national as provided for the law. He stressed that the indictment charges offences against a person in respect of whom necessary notification of a decision to bring proceedings has not been given.

Lawyer Kamara further urged that the proofs of evidence and documents submitted in support of the preferment of the indictment against the 4th accused (Dr Samura), for offences under counts 47-48 do not disclose a case to answer for those offences.

He added that there was no evidence that the prosecution notified the United States Embassy of the intent to investigate or charge its national in the person of Jules Sanders Davies, the 6th accused. He concluded that in the absence of consent, these proceedings are a nullity, and the court should stop the case from proceedings.

In his response to the Application, Counsel for the State, O.V Robin Mason Sr. also urged that the Notice of Motion is defective as it does not comply with the High Court Rules of 2007. He reiterated that the persons who drafted the document have “no locus standi” to approach the court on behalf of the 6th accused or to act on his behalf.

Robin Mason Esq. added that the provisions of Section 53(2) of the CPA 1965, preclude objections in respect of form and content of any indictment that is framed in accordance with the provision of Section 51 of the CPA 1965.

Delivering his ruling, Justice Fisher stated that, “Under the Common Law, an indictment may only be quashed where the facts stated the said indictment did not amount to an offence punishable by law. An application for quashing the indictment made by the defense can only succeed where it is clear on the face of the indictment that the said indictment was preferred without jurisdiction,” Justice Fisher stated.

“Having considered the application made by the legal team of the 4th accused, Dr Samura Kamara, the application is dismissed in its entirety,” he ruled.

Justice went on to note: “I will therefore hold that the indictment charged without the consent of the Attorney General is not bad in law and the application to quash the indictment in that regard is refused.”

He added that, “I have not seen any evidence that the public interest in prosecuting this case is outweighed by granting a stay of proceedings or in fact quashing the indictment. The defense team has not been able to show why it would be unfair to try the other accused persons, if it were accepted that the 6th accused was wrongly charged.”

Immediately after the ruling, Lawyer Kamara informed the court that they will appeal each and every ruling delivered in respect of the hearing and will readily file in the requisite document seeking the leave of the Judge. According to him, the judge acted outside his powers by going ahead to interpret Section 124, 66 and 64 of the Constitution, a mandate, which, he said, is only reserved for the Supreme Court.

The Exclusive Newspaper reports that, ACC has informed the public that the trial has just started and no one has been convicted or acquitted. During the hearing on Monday 21st February 2022, ACC’s Chief of Investigation, Mr. Joseph Bockarie Noah, read the statement of Saidu Nallo, the first accused person. According to ACC, contrary to misleading social media posts, the prosecution witness did not make mention of any sum of money paid into Dr. Alie Kabba’s private bank account; rather, during the ACC investigations, it was discovered that one hundred and thirty eight thousand dollars US Dollars (US$ 138,000) remained in the account of ETIC-SARL a foreign private company registered in Sierra Leone. The said amount has been 100% recovered by the Commission.