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Court Okay’s APC to Adopt Draft Reviewed Constitution

HomeNewsBreaking NewsCourt Okay’s APC to Adopt Draft Reviewed Constitution

Court Okay’s APC to Adopt Draft Reviewed Constitution

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It could be recalled that Solicitors representing the All People’s Congress (APC) party, AdyMacauley and WaraSerry-Kamal, by Notice of Motion dated 4th March 2021, asked the court to set aside the action filed Alfred Conteh on the basis that his papers are faulty.AdyMacauley argued that Solicitor for Alfred Conteh ought to have commenced the action by Originating Summoms and not Originating Notice of Motion. Further, Lawyer AdyMacauley also argued that the Originating Notice of Morion filed on behalf of Alfred Conteh does not confirm with the requirement of the High Court Rules on grounds that it was not sealed and signed by the Mater and Registrar.AdyMacauley therefore argued that the action must be struck out because the papers filed by Solicitor for Alfred Conteh was plagued with irremediably and fatal irregularities.Solicitor for Osman Foday Yandaneh, 2nd Defendant, Africanus Sorie Sesay also by notice of motion dated 5th March 2021, argued that  the action must be struck out on the basis that the Plaintiff, Alfred Conteh, has no locus to institute the action and therefore the action must be struck out.Solicitors for Dr. Ernest Bai Koroma, 1st Defendant, Adewale Showers and Ibrahim I. Mansaray adopted the arguments of AdyMacauley and Africanus Sorie Sesay. Although the Court in its ruling agreed with the arguments of AdyMacauley that the action filed by Solicitor for the Plaintiff was defective in that they approached the Court by the wrong method and was not sealed and signed by the Master and Registrar, he refused to strike out the action.He also refused to strike out the action on grounds of want of locus.The Hon. Judge nonetheless agreed with AdyMacauley that the injunction must be varied to allow the APC to proceed with the National Delegate Conference to adopt the revised draft constitution APC constitution.The injunction was therefore vetoed to the effect that the NDC of the APC to adopt the reviewed constitution must go proceed.

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