In the matter between the Independent Media Commission and David Tam Bayoh, counsel for applicant, Emmanuel Saffa Abdulai yesterday filed in three supplementary affidavits in support of their claim.
This filing was done pursuant to the request made by the presiding judge, Justice Musu Kamara during the last adjourned date for the copy of the monologue programs which led to the suspension of the said program to be presented to the court.
The three exhibits were: a letter dated 25th August which is from the IMC to Tam Bayoh, informing him that the monologue program has been suspended. The second is the transcribed copy of the recorded monologue program done with ASP Samura on 1st August 2015 and the third is a transcribed copy of an interview done with the Deputy Minister of Presidential Affairs, Karamoh Kabba. The said affidavits were named exhibit ESA 1, 2 and 3, respectively.
While he was going through the content of the said exhibits, the defendant counsel, Brima Koroma, objected to it on the ground that the matter was a judicial review matter which requires that the court pay attention to the procedure, law and rationality not fact which according to him is being put forward before the court by the defence, Mr. Abdulai. Referencing the Supreme Court Practice of 1999, he further asked that Lawyer Abdulai limit himself to the law.
Although Mr. Abdulai did not cite any authority, he responded to the objection by saying that the fact that the law requires exhibits to be shown to the court presupposes that they could be used at any time when making an application.
The matter was adjourned to the 9th of December for ruling.
By Edna Smalle
November 24, 2015
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