By Fatima Kpaka
FREETOWN – The Supreme Court of Sierra Leone, presided over by Chief Justice Komba Kamanda and a panel of four other judges, has consolidated three constitutional matters and issued a series of directives governing the filing of pleadings, written submissions and the participation of parties in the proceedings.
In an order delivered on Thursday, the Court outlined timelines for the exchange of documents and submissions to facilitate the hearing of the consolidated constitutional cases.
Under the Court’s directives, all parties are required to file a memorandum within 14 days setting out the issues agreed for determination. The Attorney General and Minister of Justice, as Defendant/Applicants, have also been directed to file and serve their Statement of Case within 10 days.
The Plaintiffs/Respondents, led by lawyer Joseph Fitzgerald Kamara, are required to amend, file and serve their Statement of Case within 10 days of receiving the Defendant/Applicants’ filing.
The Court further instructed the Registrar to maintain a single consolidated record and file for the proceedings.
The Supreme Court also clarified the role of the amicus curiae admitted to participate in the matter. According to the order, the amicus curiae will be limited to making legal submissions on issues raised by the parties and will not be permitted, at this stage, to introduce new issues, seek additional reliefs or advance the case of any party.
The Court further ruled that the amicus curiae shall not participate in interlocutory applications unless specifically invited to address a particular issue.
Parties have also been directed to serve the amicus curiae with all relevant documents and processes filed in the consolidated matters within 10 days of the order. Any subsequent filings must likewise be served on the amicus curiae within 10 days.
The amicus curiae has also been instructed to file a final written address together with a list and bundle of authorities in accordance with the Court’s directions.
The ruling is expected to guide the next phase of proceedings in the constitutional cases before the country’s highest court.
Solicitor General Argues for Consolidation
Earlier, Solicitor General Osman I. Kanu successfully moved an application urging the Court to consolidate the three constitutional matters, which concern the interpretation and application of Section 108 of the 1991 Constitution.
Addressing the Court, Kanu argued that the cases stem from the same legislative process involving the passage of a constitutional amendment Bill and raise substantially similar constitutional questions. He maintained that the matters involve the same defendants and legal representatives, making consolidation necessary for judicial efficiency and the proper administration of justice.
The Solicitor General warned that hearing the cases separately could result in conflicting submissions, directions or judgments on identical constitutional issues.
He further submitted that the cases raise common questions relating to Sections 91(1), 94(2), 108 and 171 of the Constitution, with the central issue being whether the requirements under Section 108 are mandatory in any attempt to alter provisions under Section 6.
Kanu cited Order 4 Rule 4 of the High Court Rules, the Supreme Court Act 1982 and relevant constitutional provisions in support of the application, arguing that the law permits consolidation where common questions of law or fact arise.
He also referred the Court to previous Supreme Court matters that were heard together because they involved similar constitutional issues.
According to Kanu, consolidation would avoid unnecessary delays and costs while ensuring consistency in the Court’s determination of the constitutional questions before it.
No Objections from Plaintiffs
Responding on behalf of the Plaintiffs/Respondents, lawyers Joseph Fitzgerald Kamara, Africanus Sesay and Bamine Davies informed the Court that they had no objection to the application for consolidation made by the Solicitor General.
With no opposition from the parties, the Supreme Court proceeded to consolidate the matters and issue directions for their management and hearing