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In a recent development, the Supreme Court of Sierra Leone has dismissed a recusal application made by Charles Francis Margai, Solicitor and Counsel for Patrick John and the Peoples Movement for Democratic Change (PMDC).
The application was filed against the Honorable Chief Justice, Justice Desmond Babatunde Edwards, and Honorable Justice Ansumana Ivan Sesay on procedural grounds.
The panel, which included the Honorable Chief Justice, Honorable Justice Nicholas C. Browne-Marke, Honorable Justice M. F. Deen-Tarawally, Honorable Justice Alusine S. Sesay, and Honorable Justice Ansumana Ivan Sesay, unanimously ruled in favor of dismissing the application.
The case was brought forward by Patrick John and the PMDC, who named the Chief Electoral Commissioner, Mohammed Konneh, the Electoral Commission for Sierra Leone (ECSL), and the Attorney General and Minister of Justice as defendants.
According to the Justices, Charles Francis Margai, during the hearing of the case, made an application for the presiding Judge, the Chief Justice, and Justice Ivan Sesay to recuse themselves from the proceedings. Margai’s application was based on the argument that the Chief Justice had sworn in the President-elect with unusual speed, suggesting prior knowledge of the election results.
In response, the Chief Justice emphasized that the application for recusal should have been made through a Motion supported by Affidavit evidence, rather than as an oral application. He cited Section 122(2) of the Sierra Leone Constitution, which grants the Supreme Court the discretion to depart from its previous decisions when necessary.
The Chief Justice clarified that since no formal motion had been submitted, the oral application was dismissed. However, he also noted that Margai was free to file a motion for recusal within the next ten days. If Margai fails to file the motion within the given timeframe, the court will proceed with the hearing of the substantive case.
The Supreme Court’s decision to dismiss the recusal application has paved the way for further proceedings in the case brought forward by Patrick John and the PMDC. The matter will now proceed with the Chief Justice and Justice Ivan Sesay as members of the panel.
The supreme court of Salone is what is known as a “lame duck” court for being so corrupt and enept. The problem of Salone starts with a corrupt judiciary.
Very true the court is our problem in this country.If the or judiciary are independent justice and peace will prevail.
A corrupt judiciary,judges are bought and sold,a corrupt legislation,parliament is essential useless and above all a vile,criminal president who has executive powers.