By Fatima Kpaka
Justice Adrian Fisher of the Freetown High Court has on Wednesday, July 5, 2023 thrown out the matter between the All People’s Congress (APC) party and the Electoral Commission for Sierra Leone (ECSL) and has ordered that the applicant, APC Party, pay a cost of Le 2,000 (Le 2,000,000) to the defendant.
Based on an affidavit filed on June 7, 2023, the APC Party and lawyer Lansana Dumbuya filed a case in court against the Electoral Commission for Sierra Leone (ECSL) and the Chief Electoral Commissioner, Mohammed Konneh seeking the Electoral Commission of Sierra Leone to produce the disaggregated voter register and to comply with provisions of the Public Elections Act 2022.
During the proceedings, the APC Party was not in court whiles ECSL and the Commissioner were fully represented by Lawyer A.T. Turay.
Lawyer Turay in his submission before the court said he wished to seek the court‘s direction as they had been brought to court by the APC party but that the complainant was absent from court and was unsure whether the matter would continue or not.
Justice Fisher informed that the affidavit filed by the APC party is dated June 7, 2023 and he also enquired whether lawyer Turay wished to respond to the affidavit filed by the applicant (APC). In response, lawyer Turay standing in defense of ECSL said that he has not filed an affidavit opposing to the said affidavit filed by the APC party.
Lawyer Turay further said that the first respondent is a big commission, and the second respondent is the commissioner of the commission, and that they had presented themselves in court, but the complainant party (the APC) was not before the court.
He however, urged the Judge to award cost of NLe 10,000 on the APC party but was rejected by the judge. He made another application for cost of NLe 5,000 which Justice Fisher also rejected.
Justice Fisher in his ruling awarded a cost in the sum of NLe 2,000 on the APC party and said that notice will be sent to them about the conclusion of the matter.
In their Originating Notice of Motion filed, the APC Party prayed that the High Court grant a mandamus directing the Chief Electoral Commissioner to immediately provide to the APC party the National Register of voters which the E-SL had faithfully undertaken to release final voter registration figures dated the 25th December 2022.
They also prayed that the EC-SL produce the names and particulars of persons who were entitled to vote in the Presidential, Parliamentary and Local Council elections of 24 June, 2023 including the voter identification number, date and place of birth, names and address, sex and signature or thumbprint.
The APC also stated on their affidavit that the court grants an order of certiorari directing the Chief Electoral Commissioner’s quashing of all regulations, manuals, rules, Procedures at variance with sections 88(3), 91(1), 92(2) and 92(3) of the Public Elections Act No.17 of 2022.
The motion was supported by affidavits, which had been sworn to by the APC Secretary General Lansana Dumbuya, who doubles as the Second Applicant in the matter, and Dr Richard Conteh.