APC, NRM Injunction Matter Adjourned for Ruling
High Court of Sierra Leone, preceded over by Justice Komba Kamanda has adjourned the injunction matter between the All Peoples Congress (APC) and the National Reformation Movement (NRM) for ruling.
Justice Kamanda told the Court on Monday, January 24th that notices would be sent to counsel representing plaintiff and defendant.
In her submission, the Lead Counsel for the All Peoples Congress (APC), LAWYER Warrah Serry Kamal submitted that the jurisdiction is a fundamental issue that must be dealt with; stressing that jurisdiction is a useful question which must be answered before proceedings.
She cited Section 35 (1) and (2) of the Sierra Leone Constitution, which she said, stated that a political party may be established to participate in shaping the political will of the people. She lamented that article 4 and 5 of the APC constitution clearly spelt out that that every member with membership card has right to participate fully in running the affairs of the party.
She stated that NRM were in court with the motive that the action of the APC is not only undemocratic but has also violated the party’s 1991 constitution, advancing that the APC were in court for originating of notice of motion and not for originating sermon.
Lawyer Kamal further argued that, someone must be a member of the party with a membership card which must carry his face and bearing the signature of the National Secretary General, Ambassador Osman Foday Yansaneh.
She stated that any member of the party must Honored financial obligations before attaining the power to sue the party. She emphasized that if the APC as an organized political institution allowed everybody to take it to court, then the court will one day overflow with cases.
She discussed that the Chairman and Leader, National Secretary General, National Youth League, Women’s Wing among other key departments are well established and recognized by the structures of the party.
Concluding, Lawyer Warrah Serry Kamal said the matter brought before the court was not an originating notice of motion but an originating sermon. She therefore applied that the matter be thrown out of court with substantial amount to be paid by the applicants.
The lead Counsel for the plaintiffs, lawyer HM Gevao submitted that the applicants (NRM) should be given the opportunity to argue their case, adding that the applicants are in good standing in their institution to bring such action.
Lawyer Gevao requested the Court to order the APC to comply with their constitution and described the NRM application as public interest. He stated that the court is created to enquire and listen to any complain or issue which might be raised by any citizen.
Mr. Gevao dilated that argued that the affidavit which they sent to court has nothing to do with APC violating 1991 Constitution of the party.
By Abdulai Mento Kamara
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