Interlocutory Motion: NEC Versus APC In Court

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A court motion demanding forensic audit of poll counts and an interlocutory injunction restraining the defendants; specifically, the Chief Electoral Commissioner, Nfa Alie Conteh and the National Electoral Commission, from further announcing or publishing presidential, parliamentary or local council elections results as conducted in the March 7 national polls was filed in Court Wednesday March 21st.

Read the motion as it is published here verbatim:

MISC.APP /18 2018 K. NO.
IN THE HIGH COURT OF SIERRA LEONE
(GENERAL CIVIL DIVISION)

IN THE MATTER OF THE INHERENT JURISDICTION OF THE HIGH COURT

IN THE MATTER OF SECTION 33 OF THE CONSTITUTION OF SIERRA LEONE ACT NO. 6 OF 1991

IN THE MATTER OF SECTIONS 7, 8 AND 43 OF THE PUBLIC ELECTIONS ACT NO. 4 OF 2012

IN THE MATTER OF TRANSPARENT FREE AND FAIR ELECTIONS IN THE REPUBLIC OF SIERRA LEONE

IN THE MATTER OF AN APPLICATION FOR CONSEQUENTIAL ORDERS TO AID THE DELIVERY OF CREDIBLE FREE AND FAIR ELECTIONS IN THE REPUBLIC OF SIERRA LEONE
BETWEEN:
IBRAHIM SORIE KOROMA – PLAINTIFF
NO. 9 FODAY DALMODU STREET
LUNGI
KAFFU BULLOM CHIEFDOM
PORT LOKO DISTRICT
AND
THE CHIEF ELECTORAL COMMISSIONER – 1ST DEFENDANT
NATIONAL ELECTORAL COMMISSION
TOWER HILL
FREETOWN

NATIONAL ELECTORAL COMMISSION – 2ND DEFENDANT
TOWER HILL
FREETOWN

THE ATTORNEY-GENERAL & MINISTER OF JUSTICE – 3RD DEFENDANT
LAW OFFICERS’ DEPARTMENT
3RD FLOOR GUMA BUILDING
LAMINA SANKOH STREET
FREETOWN

ORIGINATING NOTICE OF MOTION
Take notice that this Honourable Court sitting at the Law Courts Building, Siaka Stevens Street, Freetown, will be moved on day the day of 2018, at the hour of 9 O’clock in the forenoon or so soon thereafter as Counsel may be heard on the hearing of an application for the Plaintiff/Applicant for the following Orders:-

An order directing the Auditor-General and or any other competent/qualified Persons/Firm appointed by this Honourable Court within 7 days from the date of the Order to conduct a forensic audit on the internal systems of the 1st and 2nd Defendants, and the entire electioneering system conducted by the 1st and 2nd Defendants on 7th March 2018, and to prepare a report and make recommendations there from within 14 days of such recruitment.

An order directing the 1st and 2nd Defendants to manually recount all elections results including all cancelled over voting ballots and voided ballots emanating from the Presidential, Parliamentary and Local Council elections as conducted on the 7th March, 2018, throughout the Republic of Sierra Leone in accordance with the Public Elections Act No. 4 of 2012.

An order directing the Defendants especially the 1st and 2nd Defendants to produce all Reconciliation Result Forms (RRF) taken and recorded against all votes cast in each Ward, Constituency, District and Region in the Presidential, Parliamentary and Local Council Elections as conducted on the 7th March, 2018 together with the full list of all polling managers/officers in each polling station.

An order directing the Defendants to produce evidence of all registrants in each polling station, constituencies, Districts and the list of actual voters at the Presidential, Parliamentary and Local Council elections as conducted on the 7th March, 2018.

An interim injunction restraining the Defendants in particular the 1st and 2nd Defendants from further announcing Presidential, Parliamentary or Local Council Elections results as conducted throughout the Republic of Sierra Leone on 7th March, 2018 pending the hearing and determination of this application.

An interlocutory injunction restraining the Defendants in particular the 1st and 2nd Defendants from further announcing or publishing Presidential, Parliamentary or Local Council Elections results as conducted throughout the Republic of Sierra Leone on the 7th March, 2018 pending the hearing and determination of this action.

An interim injunction restraining the 1st and 2nd Defendants from conducting the Presidential Election scheduled for March 27th 2018 pending the hearing and determination of this application.

An interlocutory injunction restraining the 1st and 2nd Defendants from conducting the Presidential Election scheduled for March 27th 2018 pending the hearing and determination of this action.
That in the event a recount is ordered as prayed for in paragraph three (3) above and it results to a run-off election, that this Honourable Court makes the following further Orders-:

That NEC should ensure that both Political Parties’ agents are given Tamper Evidence Envelop (TEE) containing signed copies of election results at each Polling Station across the country;

That the results from the Districts and/or Regions be manually transferred to the NEC National Tally Centre and/or Headquarters in a transparent and all-inclusive manner;

That political parties’ accredited agents monitor the transportation and transfer of all Sensitive Polling Materials;

That a review of staff in critical areas of the process including in-putters, reviewers and tally centre managers be conducted to enhance the credibility of the system;

That all registered persons with some form of identification, whether with the NEC identification, voter Slip or National Identity Card shall be allowed to vote in the run-off;

That at the close of polling at every Centre, counting must be manually done in the presence of Security Forces and Political Party representatives, who must verify in writing that the process was transparent;

That all Ballot Boxes containing the counted ballots must be sealed in the presence of both Political party’s agents and returned to NEC Headquarters, accompanied by security personnel’s;

That all elections result must be published at each Polling Stations immediately after the counting of ballots and the published results must be signed by Political Party representatives present during voting;

That all Political Party’ Agents, Security Personnel and Elections Official working at a particular station on the day of elections shall have the rights to cast their votes at that particular Station; further, to the above, that NEC Staff and Security Personnel’s be made to vote in separate ballot boxes in order to avoid the issue of over-voting in that particular station.

That the 2nd Defendant be directed to send a full list of the Ballot boxes and the serial numbers of their tags to each Political Parties prior to election;

That in the event of void ballots been identified that such ballots be counted and the total number published together with the results.

Any other or further Order(s) that this Honourable Court may deem fit and just in the circumstances.

That the costs of the action be costs in the Cause.

AND FURTHER TAKE NOTICE that at the hearing of this Originating Notice of Motion, Counsel will use and rely on the Affidavit of IBRAHIM SORIE KOROMA sworn to on the day of , 2018, together with the Exhibits attached thereto and filed herewith and any other Affidavit(s) that Counsel may seek leave to file and use.

DATED THE DAY OF , 2018

………….………………………………………………………..
LANSANA DUMBUYA ESQ.
SOLICITOR FOR PLAINTIFF

To: 1. THE MASTER & REGISTRAR 2. THE CHIEF ELECTORAL COMMISSIONER
HIGH COURTS NATIONAL ELECTORAL COMMISSION
LAW COURTS BUILDING TOWER HILL
SIAKA STEVENS STREET FREETOWN.
FREETOWN.

  1. NATIONAL ELECTORAL COMMISSION 4. THE ATTORNEY-GENERAL & MINISTER OF JUSTICE TOWER HILL LAW OFFICERS’ DEPARTMENT
    FREETOWN 3RD FLOOR GUMA BUILDING
    LAMINA SANKOH STREET, FREETOWN

 

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Abu Bakarr Tarawally is a Journalist based in Freetown. He works for the Sierra Leone Broadcasting Corporation as a radio producer. He has once served as Editor for a few newspapers in Freetown, including Sierra Express Media, The Exclusive Newspaper and his own newspaper, the Daily Express Publications. He is a teacher trainer, and loves writing and reading a lot. Email: abstarawally@gmail.com. Call +232 88601277 or +2327661303.

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