Court Injuncts Election of Alfred Gbandoma

By Fatima Kpaka

In a legal development concerning the chieftaincy election in Bumpe Gao Chiefdom, Bo District, Justice Alfred Tommy Kanda of the High Court of Sierra Leone has issued a 7-day interim injunction regarding the election of Alfred Sovula Gbandoma as the paramount chief. The injunction was granted on October 22, 2024, in response to a petition challenging the legitimacy of Gbandoma’s election.

The case stems from a civil matter under Section 13 of the Chieftaincy Act of 2009. The petitioner, Sakpa Jibao Gbekpa, filed the petition against the results of the purported election, with the Electoral Commission of Sierra Leone (ECSL) named as the first respondent, the Provincial Secretary’s Office in Bo as the second respondent, and Alfred Sovula Gbandoma as the third respondent.

The injunction was sought by Gbekpa’s lawyer, BJ Reffle, through an ex-parte application, which temporarily prevents Gbandoma from assuming or presenting himself as the duly elected paramount chief until the matter is fully heard. Reffle argued that the urgency of the situation warranted an immediate court order, as Gbandoma was allegedly planning to host a public event on Friday despite being notified of the pending legal action.

Reffle presented several exhibits in support of the injunction, including documents such as a nomination fee receipt, the originating summons of the case, and the petition challenging Gbandoma’s candidacy. He stressed that there were “triable issues,” particularly concerning Gbandoma’s eligibility to stand as a candidate. Questions had been raised by the Chiefdom Council regarding whether Gbandoma hailed from a ruling house, a requirement under chieftaincy law.

The petitioner’s lawyer further argued that if the injunction were not granted, the situation would become irreversible, potentially causing harm to the chiefdom’s governance structure. He emphasized that financial compensation would not suffice to rectify any damage resulting from Gbandoma assuming office prematurely.

Citing previous legal precedents, including a Supreme Court ruling in the case of Alhaji Samuel Sam Sumana v. The Attorney General (2013), Reffle called for swift judicial intervention to maintain the status quo before and after the election of September 21, 2024.

After reviewing the application, Justice Kanda ordered the petitioner’s counsel to serve the respondents with the court’s motion and file the necessary affidavit of service before the next hearing. The case was adjourned to October 30, 2024, for further proceedings.

This case underscores ongoing concerns about the integrity of the chieftaincy election process and highlights the legal disputes surrounding traditional leadership positions in Sierra Leone.

Bottom of Form

Leave a Reply