In a stunning turn of events at the Main Law Courts Building in Freetown on December 12, 2023, the Court of Appeal, presided over by Honourable Justice Ivan Sesay (JA), Honourable Justice Alhaji Mohamed Momoh-Jah Stevens (JA), and Honourable Justice Fisher (J), has ordered the immediate arrest of former presidential candidate Dr. Samura M.W. Kamara. The court directed the Undersheriff to hand him over to the Anti-Corruption Commission for an investigation into his alleged involvement in a “shady and secret deal” concerning the sale of shares owned by the Government of Sierra Leone in Sierra Rutile Limited (SRL).
Court Orders Repayment:
The Court of Appeal Judges, acting unanimously, didn’t stop at ordering Dr. Samura Kamara’s arrest. They also instructed the Appellant to refund the substantial sum of USD 727,364.00 to the Government of Sierra Leone within a tight timeframe of fourteen (14) days. Alternatively, the court demanded evidence of a loan agreement between the Government and SRL dating back to 1992.
Background of the Commissions of Inquiry:
The legal proceedings against Dr. Samura Kamara have their roots in the Commissions of Inquiry initiated by President Dr. Julius Maada Bio, following Constitutional Instrument No. 64 of 2018. Justice Sir Biobele Georgewill was appointed Chairman and Sole Commissioner to investigate corruption, abuse of office, and examine assets related to individuals who served in the previous administration from November 2007 to April 2018.
Dr. Samura Kamara’s Appeal:
Represented by Ady Macauley Esq., Dr. Samura Kamara filed an appeal against the Commission of Inquiry’s decision, arguing that the sole commissioner erred in law and violated section 150 of the Sierra Leonean Constitution. The appeal specifically contested the adverse findings related to the sale of shares in Sierra Rutile Company (SL) Ltd.
Court of Appeal’s Verdict:
In their 25-page judgment, the Court of Appeal Judges dismissed Dr. Samura Kamara’s appeal, emphasizing that the former Permanent Secretary was unaware of the sale of 30% government shares. The Judges noted the absence of documentation on the sale but highlighted a document between the Bank of Sierra Leone and Sierra Rutile Company. Importantly, the court revealed that the sale of shares occurred in 2012 during Dr. Samura Kamara’s tenure as the former Minister of Finance, with $12,000,000.00 paid into the consolidated revenue fund.
Legal Arguments:
The legal arguments presented during the proceedings centered on whether the Sole Commissioner violated the constitution and whether there was proper communication and compliance with legislation during the sale of government shares. The State’s representative, Robert Baoma Kowa Esq., contended that the sales agreement was not properly communicated to the authorities and lacked compliance with relevant legislation.
Conclusion:
The Court of Appeal’s order for the immediate arrest of Dr. Samura Kamara and the demand for repayment within fourteen days signify a pivotal moment in Sierra Leone’s legal landscape. As the former presidential candidate faces intense scrutiny over the “shady and secret deal,” the nation awaits further developments that will undoubtedly impact the political and legal arenas.