Hon. Justice Komba Kamanda made the statements after listening to submissions of Barrister, Musa Mewa who is representing the petitioner, Abdul Muniru Lansana of the Sierra Leone People’s Party, as against the first Respondent Ahmed Mansaray from the All People’s Congress Party.
He argued that the first Respondent, Ahmed Mansaray did not comply with the election rules of 2007 which are permitted and covered by the High Court of Sierra Leone.
According to him, the petitioner, Abdul Muniru Lansana filed affidavits together with exhibits to the High Court dated 17th August 2018, on issues relating to constitutional infraction regarding the candidature and nomination of the first Respondent Ahmed Mansaray following the March 7th Parliamentary elections.
He submitted that Ahmed Mansaray never resigned his position then, and was receiving salaries from the consolidated fund, which contravenes certain sections of the Public Elections Act 2007 and 1991 Constitution of Sierra Leone.
Barrister Musa Mewa further argued that the Public Elections Act stated that any candidate contesting in the Sierra Leone’s Parliamentary election and being an employee of country’s public office must resign his position twelve months to the holding of the said parliamentary elections.
Due to the failure of the first Respondent, Ahmed Mansaray to observed and comply with the provisions set out in the petitioner’s affidavits and exhibits, the court should waste no time in ensuring that he loses his seat in parliament to the petitioner who pulled the second highest votes in the March 7th Parliamentary elections.
On the other hand, Counsel for the first Respondent, Africanus Sesay countered that his Client relied entirely on the affidavits and exhibits in opposition dated 13th December 2018.
He told the court that it was the duty of the petitioner to have raise objection to the candidature and nomination of Hon. Osman Timbo.
He also stated that no letter was sent to the second and third Respondents regarding the candidature and nomination of Hon. Osman Timbo in the March 7th Parliamentary elections.
Barrister Africanus further argued that the petitioner ought to have raise an objection to the nomination of his Client, but he woefully failed to comply with administrative steps subject to the National Electoral Commission with regards the nomination of Ahmed Mansaray, as required by the Public Elections Act of 2007.
He canvassed the presiding judge to discountenance the petition filed to the court by Abdul Muniru Lansana and allow Ahmed Mansaray to continue representing his constituents in Parliament.
After listening and perusing the submissions of both Counsels for the petitioner and the first Respondent, Hon. Justice Komba Kamanda adjourned the matter for final judgment on a later date by sending notices to both Counsels for the petitioner, Abdul Muniru Lansana and Respondent, Ahmed Mansaray.