In a sworn “Affidavit In Support” of an action she has taken against six defendants in the Supreme Court of Sierra Leone including the Attorney General and Minister of Justice, Judicial and Legal Service Commission, Hon. Justice Nyawo Jones (Retired), Hon. Justice Ivan Sesay JA, Lahai Farma ESQ and Abu Bakar King ESQ, Mrs Lara Taylor-Pearce said,
“I have been advised by my Solicitor and I verily believe that none of the appointees to the Tribunal established by Public Notice dated 17 day of November 2021 are qualified pursuant to Section 137(5Xa) of the Constitution of Sierra Leone 1991. None of the Appointees have held office as a substantive Justice of the Supreme Court. Justice Nyawo Matturi-Jones was an Acting Supreme Court Judge on contract, she having retired as a Court of Appeal Judge at the age of 65. In fact, I am advised and I verily believe that soon after the assumption of office the current Chief Justice Honourable Justice Desmond B. Edwards, she ceased to act as a Justice of the Supreme Court which would not have happened if she was a substantive Justice of the Supreme Court”.
She continued, “Similarly, I have been advised and verily believe, that Justice Nyawo, Mr. Farma and Mr. Abu Bakar King are past 65 years of age which is the mandatory requirement age for Judges and therefore do not qualify for appointment as Justice of the Supreme Court. As he is over 65, he cannot be appointed to a substantive position of Justice of the Supreme Court. He may be qualified in the general sense since he will have twenty years+ experience but he cannot be appointed to the substantive position. Further, Mr. Farma is a Consultant on contract ie Law Officers Department, the same department that will be presenting a case, such as it is, against me. He also works as a subordinate to the Deputy Minister of Justice. Therefore, on the same date, again acting on my instructions, my Solicitor did write to the Secretary to the President by a letter dated 18 November 2021 advising him that the Tribunal named in the Public Notice dated 17 day of November 2021 was not properly constituted as none of the three persons named were qualified. (A copy of the said Letter is now shown to me, exhibited and marked “Exhibit LTP6”)”.
Mrs. Lara Taylor Pearce continued, “As a matter of fact, the current acting Auditor General as recently appointed after my suspension not being a Chartered Accountant nor a member of the Institute of Chartered Accountants of Sierra Leone (ICASL) and by law under the referred statute to sign a set of financial statements and therefore is not at liberty to publish the Audit Report of Sierra Leone 2020”.
The matter is yet to be heard by the Supreme Court.
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