AWARENESS TIMES
Sierra Leone News & Information

State House | Press Union | Lumley Beach | AllAfrica | SL-Web

www.awarenesstimes.com

  Giving Knowledge to the People
welcome to sierra leone's premier news source
Last Updated: Aug 3rd, 2015 - 14:02:08 
Front Page 
 
 NEWS
 Breaking News
 Local News
 Politics
 Photo News
 Video News
 
 EDITORIALS
 
 FROM OUR TEAM
 
 COMMENTS & OPINIONS
 Moiie's Column
 
 SPECIAL REPORTS
 Afsatu Kabba
 
 FEATURES
 
 ENTERTAINMENT
 
 PROFILES
 Role Models
 Awareness Lady
 Common Man
 
 THE ECONOMY
 
 NOTICES & DOCUMENTS
 Special Messages
 Legal Matters
 Obituaries
 
 PAID SUPPLEMENTS
 
 ADVERTISEMENTS
 
 SATIRE
Search


Published online by
Sylvia Blyden Dot Com

17 Garrison Street,
Freetown,
Sierra Leone.
Tel: +232-77-772001
Tel: +232-88-321000
Tel: +232-76-350077
Tel: +232-30-321001
Email:
editor@awarenesstimes.com
Website:
www.awarenesstimes.com

NEWS : Politics  

Sierra Leone Politics : APC’s Manly Spaine Debunks both of Sam Sumana’s Questions
By Our Court Correspondent
Aug 3, 2015, 12:10
Email this article
 Printer friendly page

Hon. Ajibola Manly-Spaine: A Brain
The two questions which the former Vice-President Alhaji Sam Sumana sent to the Supreme Court for determination are:

(a) Whether the Constitution of Sierra Leone empowers the PRESIDENT “to relieve the Vice-President of his Office and duties” in any way Other than by the procedure set out in Sections 50 and 51 of the said Constitution?

(b) Whether the “Supreme executive authority” of the President mentioned in Section 40(1) of the Constitution of Sierra Leone includes the power to “relieve the Vice-President of his Office and duties” other than by the procedure set out in Sections 50 and 51 of the said Constitution?

 

However in his oral submissions to the courts, Honourable Ajibola Manly-Spaine, the lawyer for the second defendant, has made a mockery of the questions as drafted for the attention of the Supreme Court. Manly-Spaine carefully and diligently showed why the questions as submitted, were not fit to be countenanced as they were based on a false supposition. He insisted that the entire case sent to the court for a determination of the two questions, was therefore a nullity and should be thrown out.


According to Manly-Spaine, the addition of the words, “other than by the procedure set out in Sections 50 and 51 of the said Constitution” at the end of the two questions, have rendered the questions as being based on a false supposition that the President (who is the Subject Matter in the said sentence), had powers to remove the Vice-President under those specific sections. As a result of being based on false premise, Manly-Spaine said the questions were no longer questions but “non-questions” which cannot be answered.

 

Confidently continuing to make a mockery of the questions of Sam-Sumana, the brilliant Manly-Spaine used the very same evidence submitted by Sam-Sumana in the form of a letter written by Dr. Abdulai Conteh to President Koroma.

 

Lawyer Manly-Spaine recited the words of Dr. Abdulai Conteh which had clearly stated that President Koroma does not have powers under Sections 50 and 51 to remove his Vice-President. Manly-Spaine reminded the judges that Sam-Sumana through his lawyers had told Supreme Court that he agrees with Dr. Abdulai Conteh that the President does not have the power under Sections 50 and 51.

 

Lawyer Manly-Spaine then hit the point home that if indeed Sam Sumana agrees that the President does not have such powers under those Sections, why were the questions drafted as if the President does have powers but only under those sections?

 

He then asked the Supreme Court to simply throw out the entire case as the two questions claiming the President has powers under Sections 50 and 51, were grammatically flawed. He said, going by simple English language, the two questions posed were now non-questions that could not be realistically answered in the context in which they had been lexically posed.

 

Lawyer Manly Spaine also reminded the Supreme Court that President Koroma at no point in time, ever claimed to have powers under Sections 50 and 51 to remove his Vice-President. He repeatedly stated that the President had no such powers under Section 50 or 51 so including mention of them as clarifiers within the questions, meant such clarifiers made the questions to now be untenable and unanswerable as they were based on fallacious suppositions. He said the case in front of the court was now a nullity as the questions were now proven as non-questions.

 

Lawyer Manly Spaine pointed out that the powers exercised by the President were not derived from Sections 50 and 51 but from Section 40 in his capacity as the Supreme Executive Authority and the Guardian of the Constitution.

 

Manly-Spaine said that based on the dictates of Section 41(b) which was a mandatory continuous requirement to occupy the Office of Vice-President, His Excellency the President in an attempt to guard the sanctity of the Constitution, used his powers under Section 40 to relieve the former Vice-President of duties that the former Vice-President no longer had constitutional authority to do.

 

The brilliant submissions of Manly-Spaine especially adamant insistence on the fact that the President never claimed to have any powers under Sections 50 and 51, have been widely misunderstood by a misinformed section of the public to mean that Manly-Spaine does not support the decision of the President to relieve the former Vice-President of his duties.

 

On the contrary, the truth is that Hon. Ajibola Manly-Spaine has pointed out that the two questions as posed, were untenably drafted and so the Supreme Court should throw the entire case out as the Supreme Court cannot be expected to answer to non-questions.


© Copyright by Awareness Times Newspaper in Freetown, Sierra Leone.

Top of Page

Latest Headlines
NEWS
Sierra Leone Politics : Supreme Court Kills Gbara Case of SLPP & PMDC
Sierra Leone News : Health Minister Poised to Improve COMAHS
Sierra Leone News : Ebola is still with us; President warns
EDITORIALS
Sierra Leone Cabinet Secretariat & SPU require Belief in APC Manifesto
Sierra Leone Enjoys Real Democracy Under Ernest Bai Koroma
Sierra Leone Peace & Democracy just keep on Consolidating! RUF Party is now in Spokesman Seat for all Political Parties
FROM OUR TEAM
APOLOGY FOR DELAY IN WEBSITE NEWS UPDATES
Rogue Judiciary Catalysed Civil War - Sierra Leone Citizens
Sierra Leone News: Awareness Times Newspaper is back after Holiday Break
COMMENTS & OPINIONS
OPINION: Cabinet Secretariat & SPU require Belief in APC Manifesto
TONGINOR VIEWS: Makona District, the 15th Electoral District of Sierra Leone
CHRISTIAN LIFE OPINION & REFLECTIONS: Rape – Punishable By Death?
SPECIAL REPORTS
Sierra Leone President’s Wife Denies being Infected by Ebola
Mr. Edward Babatunde Blyden Located: We Give God the Glory!
QUOTABLE QUOTE ON NEGATIVE SIERRA LEONE POLITICKING
FEATURES
Sierra Leone Politics: Emergency, SLPP, Sections 77(1)(k) & 77(1)(L)
Sierra Leone Airport Terror Alerts : Did Bio Set Up Yumkella or is Yumkella Just Ignorant?
NERC News Update: Safe & Dignified Burials
ENTERTAINMENT
ALONZO : TALK ABOUT SALONE
PROFILES
OJU Wilson - Your contribution to the Human Rights Struggle and the Rule of Law will never be forgotten
Sierra Leone Politics : Alhaji Osman Foday Yansaneh, a Muslim Steering an all-inclusive APC Secretariat
TRIBUTE TO DR. V R WILLOUGHBY
THE ECONOMY
Sierra Leone Investment: Hon. Turay Cajoles UNESCO Investors
NOTICES & DOCUMENTS
NATIONAL COMMISSION FOR DEMOCRACY (NCD): PRESS RELEASE ON PROMOTING POLITICAL TOLERANCE AND INTERNAL DEMOCRACY AMONG POLITICAL PARTIES IN SIERRA LEONE
Maada Bio’s Wife Delivers Bouncing Baby Girl
Statement by the Hon. Vice President, Ambassador Victor Bockarie Foh on behalf of His Excellency, Dr. Ernest Bai Koroma at the Launching Ceremony of the e-Passport at the Ministry of Internal Affairs.
PAID SUPPLEMENTS
Sierra Leone Health Ministry Hails International Insurance Company
Sierra Rutile in Advertorial on its activities
ADVERTISEMENTS
EBOLA Breaking ‘NEWS’ - Do you seek good for Kenema & Kailahun?
SATIRE
SPECIAL POEM : A Tale of 2 Women
SLPP, be Grateful to Lt. Maada Bio

Copyright © 2005 - 2010, Awareness Times Sierra Leone; All Rights Reserved.
Hosted & Designed by West Africa Dot Net