October 25, 2017 By Regina Pratt
Jesmed Foday Mami Suma, Membership Director of the National Progressive Democrat (NPD), is seeking the court’s intervention as first appellant as he seeks to stop the party from holding their national convention, slated for 3rd to 5th November, by way of an interim injunction.
He is appellant in a civil suit at the Freetown High Court No.1 presided over by Justice Mohamed Sengu-Koroma, brought against the acting interim chairman Vidal Wadiike Williams, interim secretary-general Susan Williams, and the National Progressive Democrats as third defendant. The suit relates to an injunction to restrain the defendants from holding the November convention.
Lead counsel Suliaman Banja Tejan-Sie said on Tuesday that they are moving the court on the without notice application pursuant to Order 35 rule 1 of the High Court Rules 2007 in respect of a motion for an injunction.
“The application is for an interim and interlocutory injunction supported by an affidavit of Jesmed Foday Mami Suma dated 5th day of October, 2017 and a supplementary affidavit dated 6th October, 2017,” said Tejan-sie, adding that the plaintiff relies on his affidavit in its entirety.
Lawyer Tejan-sie submitted that there is a serious question to be tried, noting in particular serious irregularities, citing section 11(2)(a) and (3) of the Political Parties Registration Commission (PPRC) Act, adding that it might lead to the cancellation of the party’s registration under section 27(1)(b) of the PPRC Act
He further submitted that if an injunction was not granted the plaintiff would sustain more than financial loss, adding that since the respondents have proceeded to elect a new executive they would apply for an interim injunction pending the grant of an interlocutory injunctive relief.
In his response, counsel for the respondent, A. K. Kamara Esq. said he received the motion late last Friday. He said the notice contained “serious misrepresentation” and that he had intention to cross-examine the deponent on the content of his affidavit, citing the case of Adrian Fisher versus the General Legal Council.
While giving evidence in court, Jesmed Suma confirmed he authored and signed the affidavit, adding that members of the party had in a conference call given him mandate to initiate the court action against Mr. Vidal Wadiike Williams and Ms. Susan Williams, both of whom did not attend the meeting or send any proxy.
He also told the court that he was elected to an interim position by founding members of the party.
The matter was adjourned to Thursday, October 26.