Mohamed Pateh Bah; former flagbearer aspirant of the National Democratic Alliance (NDA) Party, has applied for an extension of the pending injunction, stating that the matter is in court and has not yet been settled.
The embattled NDA chieftain who is suing the Secretary-General; Party Chairman; NDA, the National Electoral Commission the Political Parties Registration Commission and the present flag-bearer of NDA Alhaji Wurie Musidal Jalloh on the grounds that his dismissal from the party was illegal, yesterday through his counsel Leon Jenkins-Johnston asked the Presiding judge Justice Abdulai Cham to issue an injunction stopping the NDA from taking part in the NEC elections.
When the matter came up for hearing at the Freetown High Court No. 2. Yesterday, Leon Jenkins Johnson representing the complainant said NDA Party must be put on hold until the case is settled in court adding that the matter be adjourned for them (complainant) to respond to the affidavit served the court by the Defence.
Defence counsel, Emmanuel Saffa Abdulai who stepped into the shoes of Lawyer Bu-buaki Jabbie asked that they move on with the matter, adding that the case must be expedited because time is not on their side.
He urged the plaintiff counsel to respond to their affidavit before the adjourned date, stating that time is very precious, as the NEC nomination date is very strategic.
The judge after hearing both applications, ruled that the injunction date be extended until the next adjourned date, which is 10th October 2012 for the Plaintiff to respond to the defence affidavit.
The plaintiff claims against the 1st ,2nd, and 5th, defendant (NDA Secretary General, NDA Chairman, present flag bearer; Alhaji Wurie Musidal Jalloh) is for a declaration that his expulsion from the NDA Party by letter dated 9th September 2012 was unconstitutional and in one of the fundamental principles of natural justice to wit: ‘Audi Alteram Patem.’
Another claim is that a declaration that the selection of Alhaji Wurie Musidal Jalloh as the party’s Flagbearer for the 2012 Presidential Election was unconstitutional and did not follow the rules laid down by the constitution of the NDA Party and ordered a revocation of the plaintiff’s purported expulsion.
Also, the plaintiff claimed that an order must be made directing that a delegate’s conference be held in conformity with the provisions of the NDA Constitution.
The plaintiff declared that the present National Executive of the NDA, lacks legitimacy and ought to be dissolved with an interim structure put in place.
Patteh Bah claimed that an interlocutory injunction restraining the present National Executive from presenting or holding out the purported Flagbearer as the presidential candidate of the NDA in the November 17th, 2012 presidential Elections pending the hearing.
The plaintiff claim against the 3rd (the National Electoral Commission) is that an injunction restraining the 3rd defendants from accepting the purported Flagbearer of NDA Party as the nominated presidential candidate of the NDA.
The plaintiff claim against the 4th Defendant is that an order that the NDA Party be revoked and or suspended pursuant to the provisions of section 6(1E) of the Political Parties Act No. 3 of 2002 pending the hearing and determination of the action herein.
By Emmanuella Kallon
ADVERTISEMENT