The application for interlocutory injunction filed in the Supreme Court by the dismissed former Vice -President , Alhaji Samuel Sam Sumana , has been rejected by the Court .
Chief Sam Sumana had in a notice dated and stamped on March 20, 2015 asked the Supreme Court to pass an interlocutory injunction, refraining Vice-President Victor Foh from performing his functions .
Below was the relief sought by Plaintiff :
“Take Notice that the Supreme Court of Sierra Leone will be moved at expiration of 21 days from the Service of this Notice, or so so thereafter as Counsel can be heard for the following reliefs pursuant to Sections 124 and 127 of the Constitution of Sierra Leone No. 6 of 1991, namely :- (1) For a determination of the following questions to wit; (a) Whether the Constitution of Sierra Leone empowers the PRESIDENT “to relieve the Vice-President of his Office and duties” in any way Other than by the procedure set out in Sections 50 and 51 of the said Constitution.
(b) Where the “Supreme executive authority” of the President mentioned in Section 40 (1) of the Constitution of Sierra Leone includes the power to “relieve the Vice-President of his Office and duties”, other than by the procedure set out in Sections 50 and 51 of the said Constitution. If the Answer to the questions above are NO, then the plaintiff will seek the following further reliefs: (i) For a declaration that the Public Notice announcing that the Vice President had been relieved of his duties and office (Exhibit A herein) is unconstitutional, null and void, and of no effect. (ii) For a declaration that the appointment of Victor Bockarie Foh as Vice President of Sierra Leone is also unconstitutional, null and void and of no effect. (iii) For an injunction restraining the said Victor Bockarie For from acting in the Office of the Vice-President of Sierra Leone, pending the hearing and determination of this action. (iv) For a declaration that the Elected Vice-President of Sierra Leone (the Plaintiff herein) remains in Office as Vice President thereof unless and until removed from Office as required by Section 50 and 51 of the Constitution of Sierra Leone.
ALHAJI SAMUEL SAM-SUMANA
In the ruling of the Supreme Court, the application for interlocutory injunction was refused on the grounds that grave national consequences will follow if the office of Vice President was left vacant. Justice Brown Marke also concluded that this is not a case in which it will be proper to grant an interim injunction.
The Supreme Court also ruled that the affidavit filed by the Solicitor failed to address the issues required by law to grant the order. The Court however stressed the need for an early trial to determine the constitutionality of the decision by the President to relieve the then VP of his duties.
WE WILL BRING YOU THE FULL RULING SOON
