The five Supreme court judges has on Tuesday 15th December 2015 unanimously refused the requests made by Ambassador Alie Essa Bangura to nullify the SLPP 2013 August national delegates convention which was held in Bo.
The Judges also ordered that the election of the SLPP is to be conducted by the national executive council (NEC) as the mandate of the current executive had already expired.
They further ordered that the list of names of all eligible delegates must be published 21 days before the actual election.
Reading the ruling with the leave of his colleagues judges, the acting Chief Justice, Valescious Thomas said the SLPP must elect an Independent electoral body with people of integrity to conduct elections for the national officials.
He said the views of all members must be heard, noting that the matter of a transparent free and fair election within the SLPP will be resolve in the party for the unity of the country.
Justice Eku Roberts in reading his ruling with permission of the acting Chief Justice said the SLPP national delegates convention held in Bo in 2013 which the Plaintiff Alie Bangura had alleged that it was not democratically conducted because there were procedural irregularities is not true because the he failed to adduced sufficient evidence to the court, adding that there is no substantial breaches of electoral rules and regulations reported.
Justice Roberts cited section 35 of the 1991 constitution to support his ruling that the SLPP did follow the rules set out in the said section.
He agreed with Dr. Bu- Buakei Jabbie that the SLPP being a registered Political party followed the democratic principles in conducting their elections.
The judge said they have looked into the various applications and submissions of solicitors for the Plaintiff and the defendants (Chief Somanoh Kapen and 27 others).
Justice Eku Roberts said the Plaintiff had submitted in their originating notice of motion filed on the 19th December 2013 with several affidavits in support of the Plaintiffs’ that 37 out of 675 delegates whose names were on the list of the 2013 convention voted for Chief Kapen and others thereby preventing legitimate voters is not true.
He disgreed with the Plaintiff that 37 of the delegates who voted for Chief Kapen and others in 2013 were were not legitimate delegates, noting that the Plaintiff also failed to provide to the court the identify of those who claimed were not eligible.
“Alie Bangura had also claimed that the nine (9) diaspora representative who were supposed to have traveled from north America as eligible voters did not show up but they were fraudulently voted for, is not true because he did not give the court any evidence to support such claims” Justice Roberts said.
Justice Robert said in his opinion he does not think that the list of the Independent electoral board members was presented very late to the Plaintiff because Chief Kapen had the intention to cheat and he was not given the opportunity to peruse and verify the list.
He said the Plaintiff when walked out of the hall after the election and therefore cannot claimed that he went out because he detected anomalies during the process.
Justice Roberts further disagreed with Alie Bangura that the legal adviser of SLPP Easmon Ngakui and Dr. Jack Muana were absent during the convention in Bo but they were voted for.
He noted that the party secretariate did not mandate any unauthorized person to manipulate the situation to the advantage of the defendants contrary to the views of Alie Bangura.
He said if the Plaintiff Alie Bangura is alleging that it was unanimously agreed by all parties to the electioneering process that 566 persons were qualified to vote as ex-officio members but Joe Kallon submitted 675 clearly shows irregularities and material inconsistencies in his case because the total number of people whom voted for him and the defendants cannot reach this figure when added.
At this point they judges advise SLPP that when conducting national delegates election for the purpose of peace and stability only paid up members should be eligible.
Counsels representing the Plaintiff Alie Bangura were Lawyer Osman Jalloh, Mohamed Lamin Tarawallie and A.Me Timbo Esq.
Lawyers who were representing Chief Somanoh Kapen and 27 others (Defendants) were made up of Lawyer, Dr. Bu-Buakei Jabbie, Antony Brewa and Umaru Koroma.
It could be recalled that the Alie Bangura had stated that he was not satisfied with the SLPP national delegates conference which was held in Bo August 2013 which saw Chief Somanoh elected as the Chairman and leader of SLPP.