By Fatima Kpaka
The tribunal investigating allegations against Justice Alan B. Halloway has dismissed a preliminary objection filed by the defence, clearing the way for proceedings to continue.
Delivering the ruling, Chairman Justice Abdulai Bangurah held that the application lacked merit and rejected all arguments challenging the panel’s jurisdiction and constitutionality. The decision was announced in the presence of Justice Halloway, his legal team, and State Counsel.
Defence Counsel Sulaiman Banja Tejan-Sie had argued that the tribunal’s establishment was unconstitutional and procedurally flawed. He maintained that Justice Halloway was suspended without being afforded a fair hearing and questioned the role of the Chief Justice, who served both as complainant and Chairman of the Judicial and Legal Service Commission (JLSC).
Counsel further cited correspondence from Justice Reginald Fynn to the President, advising against the tribunal’s formation on grounds of lack of fair hearing. He contended that any complaint forwarded without Justice Halloway’s input was legally invalid.
State Counsel J.A.K. Sesay countered that the JLSC is a constitutional body empowered to investigate complaints and make recommendations to the President. He emphasized that decisions were reached through majority voting and not by any single individual.
The State also referenced records alleging that Justice Halloway had made statements suggesting he would “misbehave until the Chief Justice resigns,” conduct which, it argued, justified the Commission’s actions.
After reviewing submissions, the tribunal dismissed the defence’s objection in its entirety, ruling that the panel had proper authority to proceed.
Proceedings have been adjourned to 3rd March 2026, when the tribunal will resume hearing the substantive matter.