The Supreme Court decision which was read out individually by the five Judges catalogued an unanimous judicial stand point and independent legal interpretations that President Ernest Bai Koroma has the constitutional right to relieve Chief Alhaji Samuel Sam Sumana of his duties and functions as Vice President of the Republic of Sierra Leone as stated in Section 40 and 41 of the Constitution of Sierra Leone.
According to the independent judgment delivered, the President Dr. Ernest Bai Koroma has the constitutional right to appoint Mr. Victor Bockarie Foh as Vice President and in a circumstance, the office of the Vice President becomes vacant, the President has sufficient constitutional right to fill in the vacant position, stating that President Ernest Bai Koroma would have acted unconstitutionally had he failed to fill in the Vice President position as enshrined in the country’s law books.
Furthermore, the Supreme Court verdict also states that the Former Vice President inability to maintain continuous membership of his political party and willingly abandoning his office and functions as Vice President clearly contravened core provision and that in such circumstance, the President has the Supreme Executive Powers vested in him by the Constitution to sack Alhaji Samuel Sam Sumana as Vice President.
The Presiding Judges disclosed that the National Advisory Council of the ruling All People’s Congress on the 6th of March, 2015 expelled the Plaintiff, Alhaji Chief Sam Sumana from the party and that on the 9th of March, 2015 the second Defendant, Vice President Bockarie Foh was appointed to serve as the current Vice President by President Ernest Bai Koroma.
According to the judges the appointment of Mr. Victor Bockarie Foh as Vice President of Sierra Leone by President Ernest Bai Koroma was done in consonance with the dictates of the Constitution of Sierra Leone and that, it was incumbent upon him as the custodian of the Constitution and Commander in Chief of the Republic of Sierra Leone to do so.
They further disclosed that it is not obligatory on the Supreme Court of Sierra Leone to apply any judicial precedent of other jurisdictions like Nigeria to reach a decision in a matter of such nature, noting that the President, Ernest Bai Koroma did not in any way contravene the Constitution by relieving the former Vice President from his office and functions and appointing Mr. Victor Bockarie Foh as the country’s current Vice President.
The Five prominent Judges include; the Acting Chief Justice, Valecius Victor Thomas, Justice Antony Browne-Marke, Justice Eku Roberts, Justice Patrick Hamilton and Justice Vivian Solomon.
The plaintiff, Alhaji Chief Samuel Sumana was represented by Lawyer Charles Fracis Margai, M. B. Fofanah and Robert. E. Kowa and the Defedants whilst the Attorney General and Minister of Justice, Frank Kargbo and Vice President Victor Bockarie Foh were represented by Lawyer, Batharn Macauley, Farma, Elvis Kargbo, Roland Nylander, R.A.B. Jones, Julius Cuffie and E. Dumbuya.