Patrick John & People's Movement for Democratic Change v. Mohamed Konneh (Chief Electoral Commissioner, Electoral Commission for Sierra Leone) & Others; 16 July 2024
Challenge to appointment of electoral official dismissed
Case Name: Patrick John & People's Movement for Democratic Change v. Mohamed Konneh (Chief Electoral Commissioner, Electoral Commission for Sierra Leone), Electoral Commission for Sierra Leone, and The Attorney-General & Minister of Justice
Court: Supreme Court of Sierra Leone
Date: 16 July 2024
Citation: 2024 SLSC 3
Bench: Browne-Marke ACJ, Deen-Tarawally JSC, A.S. Sesay JSC, A.I. Sesay JA
Keywords: Constitutional Law, Electoral Law, Judicial Recusal, Public Elections, Appointment of Public Officers
Headnote:
Facts: The plaintiffs, Patrick John and the People's Movement for Democratic Change (PMDC), challenged the appointment of Mohamed Konneh as Chief Electoral Commissioner, arguing that his previous role as Director of Financial Intelligence disqualified him under the Sierra Leone Constitution. Additionally, the plaintiffs contended that the introduction of a new "Portal System" for the election process, along with other procedural issues, compromised the fairness and transparency of the elections. They also raised concerns about the composition of the Supreme Court bench, arguing that only substantive Supreme Court Justices should adjudicate matters involving fundamental rights.
Held:
Appointment of Chief Electoral Commissioner: The court held that Mohamed Konneh’s appointment was constitutional. Konneh had resigned from his previous role before assuming the position, thereby meeting the legal requirements under the Constitution of Sierra Leone.
Election Process: The court found that the introduction of the "Portal System" and other procedural elements of the election were lawful and did not compromise the integrity or fairness of the electoral process.
Judicial Composition: The court rejected the challenge to the composition of the bench, holding that the participation of Justices of Appeal in Supreme Court matters was consistent with the provisions of the Sierra Leone Constitution.
Jurisdiction: The court dismissed certain claims as they pertained to the election of Members of Parliament, which fall under the jurisdiction of the High Court, not the Supreme Court.
Disposition: The plaintiffs' action was dismissed with costs awarded to the defendants.
Legislation and Regulations Referred to:
Constitution of Sierra Leone, 1991
Sections 32(3), 32(4), 32(7), 75(c), 76(1)(b), 171(1), 171(4), 28(6), 33, 35, 38, 46(4), 46(5), 42(3), 45(1), 45(2), 78(1)
Public Elections Act, 2022 (Act No 17 of 2022)
Sections 7, 57, 169, 170, 154, 155
Political Parties Act, 2022 (Section 24)
Supreme Court Rules, 1982 (C.I. No 1 of 1982)
Rules 89-98, 90(2)(a), 97(3), 97(4), 97(5)
Cases Referred to:
S.C. Misc. App. 6 of 2022: Hon Abdul Kargbo & Another v. Attorney-General & Minister of Justice & Others
S.C. Misc. App. 3 of 2018: Chief Electoral Commissioner & National Electoral Commission v. Ibrahim Sorie Koroma
S.C. Cases 6 & 7 of 2018: Dr. Sylvia Blyden & Dr. Samura Kamara & Ors v. Chief Electoral Commissioner & Ors
CR Apps 10, 11, 12, 13, 14, 15, 16, 17/2014: Lansana Roberts v. The State (Anti-Corruption Criminal Appeals, Court of Appeal of Sierra Leone)
Counsel:
For the Plaintiffs: C.F. Margat Esq., J.F. Kamara Esq., and Gassimu Conteh Esq.
For the 1st and 2nd Defendants: E. Cummings (Ms), Dr. E.S. Abdulai Esq., A. Turay Esq., J.T. Mansaray Esq., and A.B. Mansaray Esq.
For the 3rd Defendant: R.B. Kowa Esq. (Solicitor-General), Osman Kanu Esq. (Director of Public Prosecutions), A. Suwu (Ms), M.B. Bangura Esq., T.J. Freeman Esq., and A. Boima Esq.