The Sierra Leone Supreme Court yesterday started hearing a notice of interlocutory injunction filed on behalf of former Vice-President Alhaji Samuel Sam Sumana by his lead counsel, Mr. J.B. Jenkins-Johnston, seeking to restrain Vice-President Victor Bockarie Foh from acting as and/or carrying the functions of the Vice President of Sierra Leone until the Supreme Court has determined the constitutionality or lack thereof of the recent action by President Ernest Bai Koroma to relieve the said Sam Sumana of his job .
VICE -PRESIDENT VICTOR FOH
The first respondent is the Attorney General and Chief Justice of Sierra Leone, Hon. Frank Kargbo , represented by lead Counsel Berthan Macauley jr while the second respondent is VP Victor Bockarie Foh, who is represented by lead counsel Ajibola Manley-Spaine.
The five Supreme Court Judges hearing the motion are Acting Chief Justice, His Honor Valecious Thomas, Nicolas Browne-Marke Eku Roberts; Patrick Hamilton and Vivian Solomon.
In his submission before the Bench, Mr. J.B. Jenkins-Johnston argued that the removal of the former VP, Mr. Samuel Sam Sumana from office is unconstitutional as it was contrary to the dictates of the 1991 Constitution of the Republic of Sierra Leone. He said Plaintiff, the said Mr. Samuel Sam Sumana, is calling for a relief to restrain the present VP , Mr. Victor Bockarie Foh, from acting as and/or carrying the functions of the Vice President of Sierra Leone until the Supreme Court has decided the matter .
But in his submission , Mr. Berthan Macauley jr argued that it would be unjust to Mr. Victor Foh because plaintiff has not sufficiently ascertained that replicable damage will be considered after the end of the matter. He further argued that He further submitted that the implication of the plaintiff’s application is that the Office of the Vice President should be vacant pending the hearing and determination of the case . He argued that it would be inconvenient and it would cause irreparable damage to keep the Office of the Vice-President vacant.He contended that the injunction hit mainly on the second defendant instead of the first defendant.
The matter was adjourned and the Court will rule on the motion .
He further submitted that the implication of the plaintiff’s contention and application before the court is that the Office of the Vice President should be vacant until the hearing and determination of the matter.