At the court of Appeal presided by Justice Eku Robert, Justice Vivian Solomon and Justice Showers, Lawyer J.B. Jenkins Johnston yesterday submitted at the Appeal Court that Mohamed Bai Marrow Kamara is the elected Paramount Chief according to the result of National Electoral Commission and that the court should dismiss the interim injunction.
Lawyer Yada Williams made an application for an interim injunction against the High court judgment by Justice Brown Marke. Lawyer Y. Williams said after the judgement the people of Lokomasama have not been living in peace and the supporters of his client were beaten seriously by supporters of Bai Marrow.
He disclosed that after the appeal court granted an interim injunction, the Chiefdom was peaceful and therefore asked for an extension of the injunction until the matter is decided by the court. Lawyer Williams further stated that there is a Regent Chief who is acting and will continue to act until the appeal court concludes the matter, and made reference to Order 35 of the High Court Rules 2007 and Order 31 of the Court of Appeal Rules.
Lawyer Williams craved the indulgence of the court to consider the circumstances of his client’s people who have suffered in the hands of the first respondent’s supporters and they have expressed fear that they would be driven out of the Chiefdom if Bai marrow is allowed to be sworn in as Chief.
Responding to the application made by Lawyer Yada Williams, Lawyer J.B. Jenkins Johnston stated that neither in the motion paper or the affidavit have any wrongful act by his client were stated and that there is abundant evidence that his client did not involve in any wrongful act.
Lawyer Jenkins disclosed that N.E.C. carried out a statuary duty in the said election that the court need not to tamper with and made reference to the case of Sorie Fornah and 14 others adding that if the injunction is granted the government or the President could also be restrained with regards to Sec 18 of the State Proceedings Act. In his submission Lawyer J.B. Jenkins Johnston said there is no wrongful act alleged or proved against his client Bai Marrow Kamara which the court is being asked to restrain and the two respondents and a statuary body cannot be restrained by an injunction. He further submitted that the effect of granting the injunction would be to restrain the Provincial Secretary, the Minister of Internal Affairs, the Government and the President, all of whom are entrusted with specific statutory duties under Section 17 of the Criminal Procedure Act.
Lawyer Jenkins Johnston submitted that the court ought not to allow the application to hold the victorious elected Paramount Chief Bai Marrow Kombo VI, the Provincial Secretary, the Minister of Internal Affairs, the Government and the people of Lokomasama Chiefdom to ransom