Chieftaincy election in Bo district: High Court Gives 7 Days Interim Injunction

By Feima Sesay

Justice Alfred Tommy Ganda of the high court of Sierra Leone has yesterday given seven days injunction on the petition of the purported election of Alfred Sovula Gbandoma as paramount chief of Bumpe Gao chiefdom, Bo district.

This is a Civil matter of Section 13 of the Chieftaincy Act 2009 and the Petition of the Result of the purported election of Alfred Sovula Gbandoma as Paramount Chief of Bumpe Gao Chiefdom, Bo District between the petitioner Sakpa Jibao Gbekpa and ECSL as first respondent, the Provincial Secretary s Office Bo as second respondent and Alfred Sovula Gbandoma as 3rd respondent.

This order came after the Petitioner applicant lawyer BJ Reffle made an application for an interim injunction that would last for 7 days , restraining the third respondents Alfred Sovula either by himself, agents and /or priviews or however otherwise from acting and/or holding out himself as duly elected paramount chief elect of Bumpe Ngao Chiefdom pending the hearing and determination of this application.

Lawyer Reffle in his submission before the court said the application is by way of ex-parte notice of motion date 22nd October 2024.
He added that he is asking for interim injunction against the second and the third respondents .
In support of the application , he said the application is for the Petitioner , Mr Moses Sakpaa Jibao which is attached to the said affidavit dated 15 October 2024 are five exhibits.

Exhibits A , he said is a copy of the respondent nomination fee, exhibits B is the copy of an originating surmon dated 11th September 2024, C is the copy of the petition that initiated the surmon, exhibits D he said is a copy of an affidavit of service of the said petition and E is the copy of an undertaking by the petitioner .

The petitioner applicant’s lawyer in his submission further, relied on the entirety of their affidavit in support of the motion noting that the petitioner is using an expert vehicle for an injunction due to the urgency of the application .

In further submission said the case was file on the 23rd October 2024 adding that if they used the normal process the best available date will be on Monday and submitted that the 3rd respondent is already making plans to host an event on Friday despite receiving service for pending action before the court . he said has not even entered appearance before the learned judge and if he had done so he said another step would have been taken.
The principle behind injunction he said is that there must be a triable issues and therefore submit that by virtue of exhibit B in the afirdavit originating notice of motion dated 11th September 2024, the petitioner questioned the legitimacy of the 3rd respondent before the elections, adding that the action was filed not just on behalf of himself but was seeking for an answer and determination from the court in respect of their chiefdom.

That he said was why they proceeded to an election and crowned the 3rd respondent and described such an act as a triable issues .
The legitimacy of the 3rd respondent whether he is from a ruling house and whether the concerns from the chiefdom counsel who has raised a question must be put to a vote.
He submitted that the petitioner as a candidate has fulfilled the first requirements for an injunction, Secondly , he said the issues of the status Co remain unanswered and submitted that unless the court grant an injunction they will miss the opportunity to retain the subsistence of a status Co and that is the one before the 21st September 2024 and the status Co after the 21st September 2024.
He submitted that the third requirements of damages would not be sufficient as they could not pay for such damaged noting that such system has been in existence.

He relied firstly on Order 35, rule 1 and sub rule 1, 7, and 8 of the high court rules 2007.
He also relied on the ruling of justice Robert of the supreme court in the matter between Alhaji Samuel Sam Sumana against the Attorney General and Minister of Justice and others of 2013.

He asked that the court grant an interem injunction that would last for seven days and for the judge to make an order for them to be in court on a fixed date.

Justice Kanda having listened to his application order the Lawyer for the applicant to served the respondents with this present motion, and file an prepare an affidavit of service of same on or before the next adjourned date .

The case comes up again on 30th October 2024.