By Morlai Sesay
The court of appeals has ordered former President Ernest Bai Koroma to jointly and severally, within thirty days, pay over twenty-five million dollars, state money he illegally authorized in loan during his Presidency.
Handing down a unanimous judgment on Thursday, 14th December 2023, Justices Fatmata Bintu Alhady, Justice Komba Kamanda, and Justice Tonia Barnette agreed that there's no law granting absolute immunity to anyone for gross misconduct, including corruption.
The former President had on 13th October 2020 filed a seven-ground appeal against the adverse findings made against him by the Justice Biobele George-Will Commissions of Inquiry relating to the over 70 point 7 billion Leones approved in 2017 as terminal benefits to staff of Petroleum Directorate, 3 million dollars loan to SMRT Limited through the Ministry of Finance for the procurement of biometric machines not refunded over 12 million dollars as loan to Rokel Commercial Bank not refunded and 14 million dollars loan to the Commission for Privatization.
The judges said that the court records show no proof that the said employees paid end-of-service benefits had retired, made redundant, or resigned. They also said that there was no evidence produced that Parliament approved the said loans, which were authorized by the former President.
The Constitution, they said, reigns supreme over every law, including the Petroleum law.
The court said that the former President also violated sections of the public finance debts and management acts, which state that no loan or borrowing shall be undertaken without a resolution of Parliament or an act.
The three impaneled court of appeal Judges further agreed that the Commissioner – Justice Biobele George-will act within the scope of law and terms of reference as an investigating tribunal and that no one, including the President, has an exemption for misconduct and abuse of public trust, while in office.
They cited as precedent the pending cases against former President of the United States Donald Trump and the conviction of former South African President Jacob Zuma, among others, saying those are clear indications that immunity does not exist in perpetuity.
Immunity, they said, is limited to when the President is still in office, and therefore, such interpretation of immunity by the appellant, they added, if granted by the court, will become a breeding ground for holders of such revered offices to become monsters and dictators.
“It is our considered view that the law is the King and not the King the law”. Justice Komba Kamanda emphasized.
He said Sierra Leone had signed and ratified the United Nations convention on corruption and had put mechanisms in place to prosecute corrupt public officials who, by the dictates of the said convention, include former Presidents and Vice Presidents.
Justice Kamanda said that immunity should not be used as a lieu way to escape criminal investigation or an inquiry.
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