In a significant legal development, the Court of Appeal in Sierra Leone has unanimously dismissed the appeal filed by former President Dr. Ernest Bai Koroma against the judge-led Commission of Inquiry (COI). The court, consisting of Honourable Justices Ivan Sesay (JA)-presiding, Alhaji Momoh-Jah Stevens (JA), and Adrian Fisher (J), not only upheld the findings of the COI but also ordered the Anti-Corruption Commission to investigate the former president for abuse of office.
Dismissal of COI Appeal:
The Court of Appeal’s decision, delivered on 8th December, 2023, marks a crucial juncture in the legal proceedings initiated against the former president. Dr. Ernest Bai Koroma had appealed against the findings of the Commission of Inquiry, challenging the legitimacy of the allegations made against him.
However, the three-judge panel, after a thorough examination of the evidence and legal arguments presented, unanimously rejected the appeal. The judges affirmed the findings of the COI, asserting that the former president abused his executive power for personal benefit and violated National Public Procurement laws.
Refund Order and Cost Implications:
In addition to dismissing the appeal, the Court of Appeal ordered Dr. Ernest Bai Koroma to refund the total amount of USD 135,000.00 within seven days. This sum is specified as the value of a land transaction related to the sales of plots to Hilal Toufic Kange and Winners Chapel. The court deemed this reimbursement necessary to cover the alleged fraudulent compensation orchestrated by the former president.
Furthermore, the court imposed an additional financial burden on the appellant by directing him to bear the cost of Le. 300,000,000.00 for the appeal process. This decision underscores the seriousness with which the court views the allegations against the former president.
Background of the Commission of Inquiry:
The Commission of Inquiry, chaired by Justice William Annan Atuguba, was established by President Julius Maada Bio in accordance with Constitutional Instrument No. 64 of 2018. Its mandate was to examine the assets and related matters of individuals who served in the previous administration from November 2007 to April 2018, ensuring accountability in governance and public offices.
The COI’s Findings:
The COI’s report, published in September 2020, accused Dr. Ernest Bai Koroma of orchestrating a fraudulent compensation scheme involving the freehold estate of a nursery land. While the report did not find direct personal benefit for the former president, it highlighted an abuse of executive power and recommended serious reprimand.
Appeal and Future Proceedings:
Following the publication of the COI report and the subsequent white paper, which endorsed the findings, Dr. Ernest Bai Koroma filed an appeal against the conclusions. Lead lawyer Joseph Fitzgerald Kamara argued on behalf of the appellant, but the Court of Appeal’s unanimous decision has set the stage for further legal proceedings.
In response to the verdict, J.F. Kamara Esq. announced that the judgment would be appealed in the Supreme Court, indicating that the legal battle is far from over.
Conclusion:
The Court of Appeal’s decision to dismiss Dr. Ernest Bai Koroma’s appeal and order an investigation by the Anti-Corruption Commission adds another layer of complexity to the legal landscape in Sierra Leone. As the former president faces allegations of abuse of office, the nation awaits the next chapter in this unfolding legal saga, with potential implications for accountability, transparency, and the rule of law.