Lawyer Margai Demands Apology from Chief Justice

In a dramatic showdown at the Supreme Court in Freetown, lawyer Charles Francis Margai, representing the plaintiffs Patrick John and the People’s Movement for Democratic Change party (PMDC), announced his intention to file a notice  demanding an apology from the Chief Justice. This fiery exchange followed the court’s dismissal of Margai’s submission requesting the exclusion of the Chief Justice and Justice Ivan Ansumana Sesay from the panel of judges overseeing the case against Electoral Commissioner Mohammed Konneh and the Attorney General and Minister of Justice.

During the proceedings, the Chief Justice, in delivering his ruling, revealed that Margai had orally made an application to the court, seeking the removal of the Chief Justice and Justice Ivan Sesay from the panel. Allegedly, Margai claimed that the Chief Justice had hastily sworn in the President-elect, implying prior knowledge of the election results before their official declaration. Margai also asserted that, as an intellectual, the Chief Justice should have reasonably assumed or satisfied himself that the process leading to Julius Maada Bio’s election as President was legitimate.

The learned Chief Justice then referred to Section 28(6) of the Sierra Leone 1991 Constitution, emphasizing the gravity of the matter, which touches on human rights. He argued that the Attorney General should lead such a case, and all judges on the panel must be Supreme Court judges. In this instance, Justice Ivan Sesay did not hold the position of a Supreme Court judge.

In his ruling, the Chief Justice dismissed Margai’s submission due to its oral nature, stating that it lacked the necessary support of an affidavit. The Chief Justice ordered Margai to submit his arguments in writing within ten days, warning that failure to comply would result in the continuation of the proceedings with the assigned panel of judges, consisting of Justice Babatundeh Edwards, Justice Nicolas Brown Mark, Justice Deen Tarawally, Justice Alusine Sesay, and Justice Ivan Ansumana Sesay