By Janet A Sesay
Coalition for Change (C4C), one of the opposition parties in parliament, awaits ruling from a High Court presided over by Justice Samuel Taylor who recently slammed an injunction on the activities of the party.
The injunction indefinitely restrains the party from conducting any political activities until the court says otherwise.
The court is expected to rule on a submission made by Counsel Sahid Sesay who called on the court during last Friday’s proceedings to strike off the case brought against C4C members.
The submission for a struck-off was supported by a notice of motion dated 21st August, 2020.
Counsel Sesay represents the eight defendants, and J. Campbell represents the plaintiff.
In response, J. Campbell objected that the defendants’ counsel should not be the person to move such motion arguing that he was not the person mentioned in the matter.
Counsel Campbell argued that the respondents’ solicitors had no Locus Standi (the legal right) to move the said motion claiming that he was not the author of the said affidavit.
Replying to the objections of the plaintiff’s lawyer, Counsel Sesay told the court that the applicant did not cite any authority to back up his submission.
On the contrary, he said, it is a requirement in practice that if there is a change in solicitor in an existing matter, the counsel must exhibit such notice of change so as to have Locus Standi in the matter.
“It would be a defeatist move for the plaintiff’s solicitor to take such objections as to appearance such matter,” he submitted.
In reply, Counsel Campbell submitted that if it was in contrary to changing of solicitor, it ought to be exhibited in the affidavit for them to have Locus Standi.
He further submitted that the respondents’ solicitors had failed to present before the court whether by rule or any judgment which went to show that it tripped law and state in the absence of memorandum of his appearance.
Campbell also submitted that the defendants’ counsel lack the legal right to move the notice of motion of 21August 2020 and requested the court to dismiss it.
Relying on Order 2(1) of the High Court Rules of 2007, Counsel Sesay requested the court to accept the memorandum and notice of appearance on behalf of the eight respondents.
He also applied that the appearance be on the same seal on 21August 2020, and the notice of motion dated same in its entirety to be admitted and accepted.
Counsel Campbell neither made any submission nor raised an objection, but applied for a date which he promised to properly file his affidavit.
“I have more facts to be added on the affidavits,” he said.
Having heard from the two sides, Justice Taylor adjourned the matter to September 7 for further submissions and ruling.
CFC executive was dragged to the High Court following a controversial of the former party leader in parliament, Sahr Emmerson Lamina.
The decision to remove the erstwhile C4C parliamentary leader came after he voted for parliament to approve the former Director of Financial Intelligence Unit, Mohamed Kenewui Konneh as Chief Electoral Commissioner.
Sources say Hon. Lamina acted contrary to the party stance especially after he had been warned to ensure that no C4C member vote for the approval.
Many have seen the action of the former C4C leader of taking the party to court as a retaliatory one for his removal from the party’s leadership in parliament.