He made these submissions on Monday 9th April 2018, before three prominent Supreme Court Judges in the persons of Justice Nicolas Browne- Marke, Justice Eku Roberts and Justice Glenna Thompson.
The National Chief Returning Officer of the National Electoral Commission, Mohamed N’fah Ali Conteh and the National Electoral Commission (NEC) were summoned to the High Court of Sierra Leone by a private citizen and member of the opposition All People’s Congress (APC) party, Ibrahim Sorie Koroma. His claim was that the first round of the election was marred by serious electoral malpractices, and other alleged electoral fraud.
Counsel for Ibrahim Sorie Koroma, Lansana Dumbuya had argued before the High Court that his client decided to seek legal redress in the High Court, in order for the National Electoral Commission to look into the electoral malpractices in the first round of voting, and that the High Court had the inherent jurisdiction to hear and determine matters of such nature.
On the other hand, Counsel for the defendants, D.E. Taylor countered that the High Court lacks the jurisdictional powers to hear and determine such a matter, but that it is the Supreme Court that has the inherent jurisdiction to hear and determine such matters.
In his ruling the presiding Judge, Justice Abdulai Rahman Mansaray told the court that the High Court had the jurisdictional powers to hear and determine such a matter and wasted no time to slam an interim injunction on the Chief Electoral Commissioner, Mohamed N’fah Ali Conteh and NEC; and further gave nine orders which the National Electoral Commission should follow.
The ruling however restrained the Chief National Electoral Commissioner and the National Electoral Commission from going ahead with preparations for the conduct of the presidential run-off election.
The matter was adjourned to Monday 9 March 2018, and when it came up for hearing, the National Electoral Commission lawyer stated that the interim injunction caused his client to lose over two million United States Dollars.
During the court hearing, one of the presiding judges, Justice Nicolas Browne- Marke clearly stated that the Plaintiff, Ibrahim Sorrie Koroma was not a presidential candidate, and therefore he had no right to have instituted such court action.
He ended by saying that the court reserved the ruling on the matter, but will send notices to both parties in the action, which marks the end of the matter.