Supreme Court has overturned the decision of three Appeal Court Judges-Hon. Justice E. Taylor-Kamara ; Hon. Justice Sulaiman A. Bah and Hon. Justice Fatmata B. Alhadi delivered on August 10, 2020 against the Appellant-Emmanuel Ekundayo Constant Shears-Moses Esq.
The Supreme Court was presided by Hon. Justice Allan B. Halloway (JSC); Hon. Justice Alusine S. Sesay (JSC); Hon. Justice Mangay F. Deen- Tarawally (JSC); Hon. Justice M. Sengu Koroma (JSC) and one Court of Appeal Judge, Hon. Justice Ivan A. Sesay.
Shears-Moses Esq. was brought before the Court by the Anti-Corruption Commission (ACC) to answer to two counts of Abuse of office and Improper use of office contrary to Section 42 (1) of the Anti-Corruption Act of 2008.
On count one of the Indictment, it states that the Appellant being acting Head of Department of Law in the faculty of Social Sciences and Law at Fourah Bay College, University of Sierra Leone on a date between the 1st July 2015 and 31st January, 2016 abused his office by improperly conferred an advantage on Alimatu Tity George, a student of Law by improperly awarding her passing examination grades for the dissertation Module.
On count two, the particulars of offence state that the Appellant being acting Head of Department of Law in the faculty of Social Sciences and Law at Fourah Bay College, University of Sierra Leone on a date between the 1st July 2015 and the 31st of January, 2016 abused his office by improperly conferred an advantage on Jamilatu Alicia Sesay, a student of Law by improperly inflating her examination grades for the Module, “Jurisprudence and Legal Theory”.
The Presiding Judge, Hon. Justice Allan B. Halloway (JSC) in agreement with the other Judges stated for count one that, “clearly sufficient and reasonable information as to how allegedly, the Appellant improperly used his office was given, the same being, by improperly awarding her passing examination grades for the module, “Dissertation” when in fact and truth Alimatu Tity George did not submit any Dissertation for grading.”
The empanelled Judges said that if in both Counts 1 and 2, the advantage conferred on Alimatu Tity George and Jamilatu Alicia Sesay for the Appellant’s improper use of office allegedly is the improper use of his office, then the particulars of offence have failed to give reasonable information as to the advantage which the Appellant conferred upon some other persons by the improper use of his office.
The Judges overturned the Appeal Court decision by stating that, “..the conviction is hereby set aside and replaced with the orders as follows…that Emmanuel Ekundayo Constant Shears-Moses, the Appellant herein is hereby acquitted and discharged of the two counts…that all fines paid by the said Appellant to satisfy the sentence of him on his conviction of the offence aforesaid, at the High Court shall be refunded to him forthwith.”
The Appellant was represented by Lawyer Charles Francis Margai who made an application for cost to be awarded by the ACC to his client with the sum of one billion Leones, but majority of the empanelled Judges, apart from the Presiding Judge, refused his application.
C.F Margai warned the Anti-Corruption Commission and others to investigate Matters Properly before sending them to court, so that they do not create embarrassment for people in court.
He furthered that during the investigation the prosecution created so much embarrassment for the appellant. He described the judgement as a landmark.
The ACC was represented by Oladipo V. Robin-Mason Esq.