The Court of Appeal has on Wednesday, May 4, 2022 rejected an application made by lawyers representing former President Ernest Bai Koroma for a stay of proceedings in the ongoing Commission of Inquiry (COI) appeals, and refer the question of presidential immunity to the Supreme Court for constitutional interpretation.
The application was made by lead counsel for the appellant Joseph Fitzgerald Kamara for the interpretation of Section 48 (4) of the Constitution in relation to the question of whether a former President has IMMUNITY from Civil and Criminal proceedings.
Judges of the Court of Appeal, Hon. Justices Ivan Sesay (Presiding Judge), Momoh-Jah Stevens and Adrian Fisher ruled that the immunity provided by Section 48 (4) of the Constitution is only applicable to a President while he holds or performs the Office of President.
Reading pages of his preliminaries, Justice Adrian Fisher delved in the submissions and arguments on both sides. He also cited similar cases which are of the same status, including that of Mohamed Alie and former president Ahmed Tejan Kabba.
Reading the second part of the ruling, Justice Alhaji Momoh Jah Stevens gave reasons why the court of appeal cannot decide on the matter. He said there are matter which they are entitled to make decisions on and there are others which they don’t have power to decide.
He dismissed the application made by the appellant lead counsel Joesph Fitzgerald Kamara for a stay of proceedings. In his response, the lead appellant counsel, Joseph Fitzgerald Kamara appreciated the Judges and assured them that they are proud to pursue their case.
By Fatima Kpaka