Sierra Leone Telegraph: 19 May 2021:
The Court of Appeal presided by Justice Michael PH Mami, last week Wednesday gave directions to the Lawyers representing the former Minister of Finance and Economic Development, Dr. Kaifala Marrah (Photo above) and the Attorney General and Minister of Justice to file and serve their written synopsis and appropriate authorities on both parties and the Registrar within 28 days before the commencement of hearing on the corruption case.
The appeal will be heard by Justice M.P.H. Mami, Justice Samuel Omodele Taylor, and Justice Tonia Barnett.
In similar development, the Court of Appeal presided over by Hon. Justice Michael P.H Mami (Photo) last week withdrew the files relating to the former Deputy Minister of Health and Sanitation Madina Rahman for ruling, after given thirty minutes each to counsel representing the Ms Rahman and the State.
They also gave ten minutes to Ms Rahman’s Lawyer Ady Macaulay, and the Lawyer representing the Attorney General and Minister of Justice, Robert B. Kowa, for rebuttal and rejoinder.
The Commissions of Inquiry’s Person of Interest, Madam Madina Rahman, appealed against the recommendations and findings of the Chairman and Sole Commissioner of the COI. Apart from the jurisdictional challenge made by her Lawyer, Ady Macaulay, he also argued that the Sole COI Commissioner lacked functional competence.
Amongst Lawyer Ady Macaulay’s five grounds of Appeal, he argued that the Madina Rahman does not bear the ultimate responsibility or accountability for the affairs and finances of the Ministry she headed. He went on to argue that the findings and recommendations relating to Ms Rahman made by the COI Commissioner Justice Biobelle George-Will is against the weight of the evidence presented at the proceedings.
Lawyer Robert B.Kowa, arguing on behalf of the Attorney General and Minister of Justice denied and contested all grounds of appeal on the basis that the Chairman and Sole Commissioner of the COI had the competence and jurisdiction pursuant to Constitutional Instrument No. 64 of 2018 which gave him the residual power to issue Practice Direction pertinent to the Commission.
He further contended that the Commission has the functional competence by virtue of the instrument of appointment, adding that the fact and evidence before the Commission is concomitant with the findings and recommendations reached by the COI.
It could be recalled that the presiding Judge in consultation with the Justices Samuel Omodele Taylor and Augustine K. Musa, initially directed both parties to file and serve their written synopsis and appropriate Authorities. Having complied, time was allotted to them to argue the case before the Court. Meanwhile, notices will be sent for judgment by the judges.
In another matter, Osman Jalloh Esq representing Osman Badara Sesay, also filed several grounds of appeal on behalf of the Appellant. Lawyer R.B. Kowa on behalf of the Attorney General and Minister of Justice had also filed rebuttal.
Justices M.P.H Mami, Tonia Barnett, and A.K.Musa unanimously allotted time for each Counsel to argue their synopsis and rebuttals. The matter was adjourned to Wednesday 26th May, 2021.