The lead counsel Charles Francis Margai, now representing the former Vice President (VP) Alhaji Sam Sumana in the Supreme Court case on “whether the constitution of Sierra Leone empowers the President to remove the Vice President,” has asked the court to grant him an extention of time to amend his case.
Lawyer Margai backed up by Sulaiman Banja Tejan-Sie, Pa Momoh Fofanah and Robert B. Kowa, while addressing the five Supreme Court Judges; Valesius Thomas (Chief Justice and Chairman of the panel of Judges), Nicholas Browne-Marke, Patrick Hamilton, Vivian Solomon and Eku Roberts, said his client believed that the amendment is very important to his case.
Plaintiff lead counsel Charles Margai, informed the court that in the file he received from the former legal representative (Lawyer Blyden Jenkins Johnston), there is a document that states that he (Lawyer Jenkins Johnston) did not intend to amend his case stating that it was based on that statement that he is seeking for an adjournment, so that he would amend his case.
Before the last adjournment, the five Supreme Court Judges granted the Plaintiff former counsel, the opportunity to amend their case, if they so wishes.
Earlier on, lawyer Jenkins Johnston had told the court that “I have not amended our case, have no intention to amend it and certainly will not amend it”
Lead lawyer Berthan Macauley, representing the first defendant (Attorney General and Minister of Justice; Frank Kargbo) and lead counsel for the second defendant (VP Foh); lawyer Manley-Spaine did not object to the Plaintiff counsel’s request.
On behalf of the judges, the Chief Justice and Chairman of the panel of Judges, Valesius Thomas, adjourned the matter to the 16th June 2015.
Meanwhile, according to a letter written by the Plaintiff dated 8th June 2015, the termination of the services of Lawyer Blyden Jenkins Johnston resulted from his refusal to file and serve an amended version of the plaintiff’s case on the court.
The matter before the five Supreme Court Judges for which the former elected Vice President Alhaji Sam Sumana had sued the Attorney General and Minister of Justice; Frank Kargbo and appointed Vice President Victor Foh (1st and 2nd defendant respectively) is a constitutional matter; as to, “whether the constitution of Sierra Leone empowers the President to remove the Vice President,” in a manner other than “the procedures set out in sections 50 and 51 of the constitution,” and whether the “Supreme Executive Authority” mentioned in section 41 of the constitution includes the power to relieve the VP from power rather than through the due process set out in section 51 and 52 of the constitution.