AN OPEN LETTER TO PRESIDENT ERNEST BAI KOROMA BY M. ALIEU ISCANDRI

AN OPEN LETTER TO PRESIDENT ERNEST BAI KOROMA
STATE HOUSE FREETOWN

Dear Mr. President,

Hope this letter meets you in good health. The purpose of this letter is to firstly express my disappointment at the very unconstitutional actions that your government has taken lately and to inform you that based on my reading understanding and interpretation of the constitution, you have unwittingly exposed yourself to possible impeachment by your violation of the constitution that you are supposed to be the guardian of, as will be more fully explained in detail in this letter.

For starters, this letter being based on a public issue will be sent to State House via the usual channels and will also be published publicly because it is my position that matters such as the present all out frontal assault that you and your advisers have engaged in against that most noble instrument of self governance. In fact sir If I must take the liberty of being conclussory I will be concluding that you have disappointed many of us who had an enormous trust in you, your leadership and had faith that you were the leader that was going to bring out the best in the APC.

This letter is not necessarily in support of Mr. Samuel Sam Sumana the Vice President of Sierra Leone, rather I would hope that you would understand it as a letter intended to show a defense of the constitution and subject it to the proper unbiased interpretation. Furthermore This letter is intended to let the world know that even I as a member of the party that you lead, must let you know that the decisions that you have taken so far are disappointing, appear erratic and have subjected you, our government and political party to national and international ridicule . We have become the butt of the jokes at opposition party affairs due to the fact that almost 8 year into our second administration and yours and Samuel Sam Sumana’s second term, the mistakes, blunders and bloopers being made at the highest levels of governance in your administration are clear evidence that you as the captain of our ship of state have failed to place in key positions people with the necessary education and work experience to help you achieve your different agendas for change prosperity. However this is a story for another date and time.

EXPULSION OF SAM SUMANA FROM THE APC

Addressing the issues placed before the NAC approximately one week ago where the NAC purportedly expelled the Vice President from the Party. It is my considered opinion sir, that the Expulsion of Sam Sumana particularly on the grounds that were stated by the party secretariat were preposterous at best and clearly violated the party’s own constitution and the national constitution. And here’s why.

The reasons given by the Party Secretariat for the expulsion are as follows.

1. He had claimed that he was Muslim at the outset of his candidacy. With all due respect to the party elders and the NAC a body that even my own father is a member of this should not even have been considered let alone broadcast as a reason for the expulsion. This reason has injected into our body politic and party politics the issue of a candidates religion. Incidentally our great party has not ever been lead by a Muslim. So what in fact you have raised amongst the many of us party supporters is that its about time that our party be lead by a muslim to balance out the fact that since its inception its leaders and presidential candidate has been a Christian.
2. The second reason given by the party for the expulsion of Mr. Sam Sumana was that he had misrepresented the fact that he had a Masters degree. Assuming for arguments sake that he had, wasn’t it incumbent on the party to do a thorough vetting of its vice presidential candidate prior to naming him as the vice presidential candidate. Thus it stands to reason kind sir that the party’s failure to properly vett its vice presidential candidate, cannot be blamed on Mr Sam Sumana but more so on the party’s own copious inefficiency at attracting talent. Now that’s assuming that he had in fact claimed that he had a masters degree. However the truth is that all records of the APC and available regarding the educational achievements of the Vice President show that he had obtained a Baccalaureate degree and there is no verifiable record of that claim that he had obtained a masters degree other than the hearsay evidence of witnesses who seemingly had an axe to grind against Mr. Sam Sumana and clearly exhibited some animus towards him.
3. The third reason proffered by the Party was that Mr. Sam Sumana had “engaged in acts of thuggery”. It is my submission your excellency that this charge was the most palpable of all the acts that he is charged with. There is one clear problem here. That problem is that this act which would you agree with me does form the basis of a charge for co conspiracy which I hope is chargeable as such by the state office of prosecution. It seems to me then as a legal professional and to any other rational person who has some modicum of an understanding of the law, that to the extent that the party investigated any such acts against the seating Vice President, that the party’s acts violate the constitution of Sierra Leone which in Chapter VII section 120 subsection 2, confers jurisdiction on the judiciary in ALL matters criminal..
4. The fourth reason was that he was involved in anti party activities. More specifically it is believed that Mr. Sam Sumana had formed another political entity. Assuming that this allegation is true, it by itself alone does give a reason for party expulsion. However what I find problematic with this is that there is a lack of transparency. I do believe that there are documents at the Political Parties Registration commission that would evidence who the signors are as the formative representatives for new political parties. If Sam Sumanas name appears in any of the those documents then he should be expelled and this exercise of mine would be futile. However the truth is that no such documents exist that bear Sam Sumana”s name as someone that has formed a political party other than hearsay. There is a reason Mr. President why hearsay is admitted into evidence in real court cases only when there are certain carefully defined exceptions..

EXHAUSTION OF ADMINISTRATIVE REMEDIES

On or about March 17, 2015, merely one week after the expulsion had been announced and a few days after personal service of the notice of expulsion had been served on Mr. Sam Sumana, your office at state house announced that he had been removed from office based on certain sections of the national constitution to wit sections 41(b), and you claimed that your authority was based on section 40 (1) of the constitution. I intend to address all of these matters in this letter. However I must address the issue of appellate rights that the party constitution grants Mr. Sumana. Article 8.1.2 of the party constitution, spells out the appellate rights of persons subjected to disciplinary sanctions of the NAC.

It follows therefore that your letter of March 17 violates Mr. Sam Sumanas rights under the APC constitution to exhaust his administrative and thus subverts justice which is a wrongful act. Beng a leader means that one has to be patient and you would agree with me that by these acts evidenced by the March 17, 2015 letter that you did not exercise the patience that is expected of our elected leader.

THE TERMINATION OF SAM SUMANA EMPLOYMENT VIOLATES THE NATIONAL CONSTITUTION.

Your letter of March 17, 2017 terminating the employment of Mr. Sam Sumana fails for the following reasons:

1. You claim that section 41 b of the constitution which deals with the fact that to qualify to be ELECTED as President and derivatively as Vice President, one has to belong to a political party. However you must understand that after one has been elected to office, belonging to a political party is not a prerequisite for staying in that office. One needs not have taken a class in statutory interpretation to understand the simple sentence t hat starts section 41 stated verbatim as follows. “No person shall be qualified for ELECTION as President unless he………” There is a caveat in statutory interpretation which states that words are to be given their ordinary meaning.

2. In the second paragraph of the March 17, 2015 letter from state house you state sir that you have taken note of the actions of the APC in expelling Mr. Sam Sumana and that you were guided by sections 40 (3) of the National constitution. My reading of section 40(3) speaks to your duty as guardian of the constitution to “ensure respect for treaties and international agreements”. It is my considered opinion that the quoted section is inapplicable to the APC decision and thus a non sequitur.

3. In paragraph 4 of the same letter of march 17, 2015, you claim that your authority for “relieving” the VP of his duties was based on section 40(1) of the national constitution. Sir with all due respect there is nothing in the quoted section that grants you the powers to relieve the Vice President of his Office. In fact a close reading of section 40(1) will clearly evidence that the nomenclature of supreme Executive authority of the Republic speaks to the title of your office and is another way of saying that you can sign and negotiate treaties on behalf of the state nothing more nothing less.

In conclusion your actions in relieving the Vice President of the nation from is Job, is Ultra vires and you can save face by rescinding these clearly legally erroneous and ill advised decisions sua sponte or face the risk of being over ruled by you own supreme court which has original jurisdiction pursuant to sections 124 and 127 of the constitution. If the former is the choice that you make you can shove your legal advisers under the bus and claim that they are responsible for the erroneous legal advise. And If you need a little bit of help in shoving them under the bus I have a few friends that will help you shove them under the bus.

I understand that you are not a lawyer and for matters legal you rely on lawyers but this time around your legal help has given you real bad advise. Our country, our party and You sir Mr. President have become the bane of the latest jokes on Governance paradigms of the African continent. Surely I am sure that this was not the reputation that you started off wanting to have in 2007 or in 2012. So where did we go wrong Mr. President with such clearly erroneous decisions. RESCIND THIS DECISION NOW MR PRESIDENT AND SAVE FACE TO THE WORLD.

YOU COMRADE IN THE STRUGGLES OF THE APC

MUHAMMAD ALIEU ISCANDARI
ATTORNEY AT LAW
ISCANDARI LAW GROUP USA

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