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Tuesday, January 31, 2023

APC Suffers ‘Legal Punch’

HomeAYV NewsAPC Suffers ‘Legal Punch’

APC Suffers ‘Legal Punch’

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Court records indicate that seven MPs from the ruling Sierra Leone People’s Party (SLPP) in various constituencies across the country, were also petitioned by the APC.

 

The matter was subsequently charged to court and proceedings were ongoing amidst submissions from lawyers representing parliamentarians from the two main political rivals.

 

Counsel for the First Respondent, Umaru Koroma had argued that the High Court of Sierra Leone lacks the jurisdiction to look into and determine petition cases.

 

He raised jurisdictional objection that such petition matters should be adjudicated and determined by the Supreme Court only, as enshrined in certain Sections of the 1991 Constitution of Sierra Leone.

 

Lawyer Umaru Koroma further submitted that Section (78) Sub-Section (2) of the 1991 Constitution states that if the High Court fails to look into and determine petition matters within four months, the court should disposed of them, as required by the 1991 Constitution.

 

While Counsels for the SLPP MPs had countered that the High Court of Sierra Leone has the jurisdictional powers to look into and determine petition matters.

 

At this stage of proceedings, the then presiding Judge now Hon. Chief Justice Desmond Babatunde Edwards decided to give ruling on the submissions of Counsels representing parliamentarians from the SLPP and the APC.

 

Against this backdrop, the Hon. Chief Justice ruled that the jurisdictional objections earlier raised by Counsel for Hon. Osman Timbo including other Counsels representing the APC parliamentarians who were petitioned are thrown out for lack of legal merit.

 

The Hon. Chief Justice Desmond Babatunde Edwards also informed the court that his ruling is applicable to all petition matters under adjudication by the High Court of Sierra Leone.

 

He said the court will continue with proceedings relating to all petition matters very soon, when notices would have been sent to all parties in the action.

 

 

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