By Alimatu Jalloh
The Unity Party (UP) headed by Femi Claudius Cole yesterday dragged the Political Party Regulatory Commission (PPRC) to court on the grounds that the party is dissatisfied with the decision taken by the PPRC in a letter dated 6 April 2023 stopping them from participating in the general elections.
The matter is being heard before Justice Adrian Fisher of the Freetown High Court.
Giving a brief background on the appeal, lawyer C. D. Davies representing the unity party first of all prayed before the court for the appeal to be heard, adding that the decision in a letter dated 6 April 2023 by the PPRC be set aside as the party has not contravened the PPRC code of conduct.
He further submitted that the PPRC was wrong, and misdirected itself in its conclusion in a letter written to the party stating that they did not conduct Ward, Constituency, District and National Executive elections according to Article 19 of the 1991 Constitution which according to him they conducted every election in a timely manner.
He furthered that they have filed their notice of appeal before the court and they have come through the court by the civil division pursuant to section 132 (1) and section 50 (1/2) of the Court Act but the appeal that they are making before the court is based on section 43 of Political Parties Act of 2022.
He further submitted that they did not come before the court on the wrong Act pursuant to constitutional instrument of 2019 which sets the division of the court.
He stated that the 7 divisions in law of the High Court state that the General Division and that the High Court has original appellate and supervisory jurisdiction to hear and determine such matters.
He said section 40 (3) of the PPRC Act clearly supports the provisions in the said statutory instrument pursuant to which they have filed their appeal.
In response to his submission, lawyer J. J. Campbell representing the PPRC submitted that the decision made by the PPRC against the Unity Party ought not to have been brought as an appeal in the High Court.
He said section 35 (7) of the 1991 Constitution states that the decision or action taken by a political party against the PPRC should be heard at the Supreme Court and not at the High Court.
He said section 40 (3) of the 1991 Constitution was invoked by the Unity Party even though a letter was written to them advising them to conduct lower level elections from Ward to Regional level.
He said section 35(7) of the 1991 Constitution states that a decision that a political party wants to appeal in court against the PPRC must be done at the Supreme Court.
He further submitted that the High Court does not have the power to hear and determine the matter, except the Supreme Court.
Lawyer Campbell therefore submitted that the appeal filed by the Unity Party before the court be struck out and that they should pay a fine of NLe100,000.
In a second bite, lawyer Davis representing the Unity Party submitted that their application before the court came from section 40 of the 1991 Constitution which deals with codes of conduct.
He further submitted that second schedule 7(1) paragraph B of the PPRC Act of 2022 states that it is the duty for the Electoral Commission of Sierra Leone to put measures in place for elections to be conducted freely and without fear.
He furthered that they also have a complaint about the free and fair conduct of the election by ECSL.
After their submissions the learned judge asked counsels representing the Unity Party to make an amendment on their synopsis and file it before the court on Tuesday 20th June 2023, and the then adjourned the matter to Wednesday 21st June 2023 for hearing.