The judicial tribunal set up by President Maada Bio’s government to probe the Auditor- General Mrs Lara Taylor-Pearce and her deputy Mr Tamba Momoh started on a sour note today as Counsel for the two public officials objected to matters of procedural inconsistences and the jurisdiction of the tribunal over the case.
It must be recalled that ruling Sierra Leone People’s Party ( SLPP ) caused a national uproar last year when it suspended the auditor General and her deputy from office weeks before her office was due to present an annual audit of the government’s handling of public finances in 2020. Sierra Leoneans, stunned by the astounding and astronomical level of corruption in the SLPP Maada Bio Government in the 2019 audit report from the Auditor General’s Office, immediately suspected that President Bio had taken the measure to dodge further exposures of graft by him and his ministers and public officers.
At the time , the Auditor General complained that “I have not been told what the remit of this tribunal is or what wrongdoing we are supposed to have committed,” and asserted that “ASSL has always maintained the highest standards at all times and we deny any wrongdoing in the exercise of our mandate.”
The Sewa Chronicle wrote that “The general speculation is that both the president and his wife would have featured in the report but not in a good way. So President Maada Bio probably acted out of an abundance of caution by suspending the Auditor General before the publication . What is not published cannot be true.”
Consequently, the Auditor General filed a suit with the Sierra Leone Supreme Court.
HERE IS A REPORT OF THE FIRST DAY OF THE PROBE
*Judiciary of Sierra Leone Communications,
Social Security Court, Freetown, 17th March, 2022:*
The Tribunal that was set up by His Excellency President Dr. Julius Maada Bio to inquire into a case for stated misconduct against the Auditor General-Mrs. Lara Taylor-Pearce and the Deputy Auditor General-Tamba Momoh, has commenced today.
The Chairperson of the Tribunal, Justice Nyawo Matturi-Jones outlined the mandate of the Tribunal whilst referencing Sections 137 & 119 of the Constitution.
The Auditor General-Lara Taylor Pearce was represented by Rowland Wright Esq. and the Deputy Auditor General-Tamba Momoh was represented by Mohamed Pa-Momoh Fofanah Esq. The Auditor General and the Deputy Auditor General were in attendance.
Representing the Auditor General, Rowland Wright Esq. raised a jurisdictional issue, stating that they have filed papers to appear before the Supreme Court for relevant Constitutional interpretations.
On his part, Pa Momoh Fofanah Esq referenced Section 4 of the Audit Service Act of 2014, stating that the Deputy Auditor, “Tamba Momoh is not covered by the provision in the Constitution that set up this Tribunal.”
Court of Appeal Judge, Hon. Justice Ivan Sesay said this tribunal is not a social media inquiry but one for which, “we are mandated to conduct an inquiry for alleged misconduct.” He therefore encouraged the general public to allow due process or the right thing to be done.
He continued, “help us to maintain justice and good practice. We have a purpose so please allow us to do justice.”
“Please allow us to do our work as prescribed for by the Constitution applicable to this Tribunal,” said Hon. Justice Ivan Sesay. He said the matter itself has not properly started to warrant the submissions of both lawyers. He reiterated that they will develop Rules of Procedures to guide the entire process.
The Attorney General and Minister of Justice, Mohamed Lamin Tarawally reassured of an impartial process, adding that “it is not a witch hunt.”
The matter comes up on 7th April, 2022.
For more enquires contact the Communications Department on +23234617548/+23279101086 or visit us on www.judiciary.gov.sl
Yesterday, some legal officials gave their input on the first day of the probe.
Leon Blyden Jenkins-Johnston
THE OMBUDSMAN OF SIERRA LEONE
Hi all!
UPDATE!
Today I was back in the Courtroom to witness the commencement of the sittings of the Tribunal set up by His Excellency the President for stated misconduct against the Auditor- General Mrs Lara Taylor-Pearce and her deputy Mr Tamba Momoh.
The panel was chaired by the Honourable Mrs Justice Matturi-Jones JSC (retired) and with her the Honourable Justice Ivan Sesay JA and Lahai Farma Esq as members.
The State was represented by the Learned Attorney-General Mohamed Lamin Tarawally
Esq, the Learned Solicitor-General R B Kowa Esq, Principal State Counsel Osman Kanu Esq and several State Counsels.
Mrs Taylor-Pearce was represented by Rowland Wright Esq and Mr Tamba Momoh by Pa-Momoh Fofanah Esq.
In today’s proceedings, the Learned Attorney-General submitted that the state will provide all the necessary details and evidence against the Auditor-General and her deputy in due course and that the proceedings are not meant to be a witch-hunt .
He further assured the Auditor-General and her deputy that the State was not after their liberty just seeking to establish facts based on evidence.
Rowland Wright Esq, submitted that he filed papers in the Supreme Court for several reliefs and interpretations of the Constitution of Sierra Leone and for an injunction to stay the proceedings of the Tribunal on behalf of his client.
He further submitted that his Client was not submitting to the jurisdiction of the Tribunal until their case in the Supreme Court was heard.
MP Fofanah Esq submitted on behalf of his client that the Tribunal does not have the mandate to investigate his client as section 3 of the Audit Service Act of 2014 was clear on the procedure to be adopted when it comes to disciplinary issues against his client as distinct from the Auditor-General.
In their response, the Tribunal noted that the submissions by Counsel were premature.
They advised Counsel to wait until all the rules of procedures were put in place before making their submissions.
They further noted that today’s proceedings was just preliminary and not intended to go into the substantive matter.
The matter was then adjourned to the 7th of April 2022.
I will endeavor to give updates on future proceedings as best as I can for the benefit of the general public.
I was very thrilled to be back in the Courtroom and I can’t wait to resume doing what I love most( sparring in Court) at the end of my term as Ombudsman of Sierra Leone.
Below are pictures I took with familiar faces !
Best Regards
Basita Michael—
Founder & Governing Officer Institute for Legal Research & Advocacy for Justice at Institute for Legal Research and Advocacy for Justice (ILRAJ)
REPORTING FOR HER SIERRAEYE MAGAZINE
Rowland S.V. Wright Solicitor for Lara Taylor-Pearce, Auditor-General raises several objections at tribunal set to investigate ‘misconduct’.
“We are invited to appear without any published rules of procedure or rules of evidence and without any specific charges no witness statements”..he submits that “his client cannot submit to the jurisdiction of the tribunal. Certain papers were filed at Supreme Court which requires interpretation and an application has been filed to stop this proceedings. We are questioning the jurisdiction of this panel.It is only the Supreme Court that is vested with the powers to interpret the constitution. So this matter has to be adjourned until the matter at the Supreme Court is determined by the Supreme Court.”
Rowland Wright
Pa Momo Fofana lawyer for Tamba Momoh suspended deputy Auditor-General also raises objection based on section 3 of Audit Service Act. Says “it will be an action in futility if we proceed. we want to reinforce the jurisdictional objection with reference to the audit service Act section 3.”
Tribunal adjourned to the 7th April.
Sierraeye Report
