Statement of Case against Declaration of H.E. Bio as President of Sierra Leone

Dr Sylvia Olayinka Blyden, 1st Petitioner Dr Sylvia Olayinka Blyden, 1st Petitioner

Statement of Case against Declaration of H.E. Bio as President of Sierra Leone

Sup. Ct . Cases 6 and 7/2018
IN THE SUPREME COURT OF SIERRA LEONE
(CIVIL JURISDICTION)

IN THE MATTER OF A PETITION AGAINST THE ELECTION OF HIS EXCELLENCY JULIUS MAADA BIO AS PRESIDENT OF SIERRA LEONE AS PER THE DECLARATION OF THE RESULT OF THE PRESIDENTIAL RUN-OFF ELECTIONS OF MARCH 31ST 2018 BY THE CHIEF ELECTORAL COMMISSIONER AND NATIONAL RETURNING OFFICER, MR. MOHAMED N’FAH ALIE CONTEH IN TERMS OF CONSTITUTION OF SIERRA LEONE ACT NO. 6 OF 1991 AND OF PUBLIC ELECTIONS ACT NO. 4 OF 2012 AMONGST OTHER STATUTES & GUIDES
BETWEEN:-
DR. SYLVIA OLAYINKA BLYDEN -1ST PETITIONER
24 GARRISON STREET, FREETOWN
AND
THE CHIEF ELECTORAL COMMISSIONER -1ST RESPONDENT 
NATIONAL ELECTORAL COMMISSION - 2ND RESPONDENT
HIS EXCELLENCY JULIUS MAADA BIO - 3RD RESPONDENT
SIERRA LEONE PEOPLES PARTY (SLPP)- 4TH RESPONDENT

AND
IN THE MATTER OF A PETITION AGAINST THE ELECTION OF HIS EXCELLENCY JULIUS MAADA BIO AS PRESIDENT OF SIERRA LEONE AS PER THE DECLARATION OF THE RESULT OF THE PRESIDENTIAL RUN-OFF ELECTIONS OF MARCH 31ST 2018 BY THE CHIEF ELECTORAL COMMISSIONER AND NATIONAL RETURNING OFFICER, MR. MOHAMED N’FAH ALIE CONTEH IN TERMS OF CONSTITUTION OF SIERRA LEONE ACT NO. 6 OF 1991 AND OF PUBLIC ELECTIONS ACT NO. 4 OF 2012 AMONGST OTHER STATUTES & GUIDES
BETWEEN:-
1. Dr. Samura Matthew Wilson Kamara - 2ND Petitioner
2. Hon. Alhaji Minkailu Mansaray - 3RD Petitioner
3. Dr. Osman Foday Yansaneh - 4TH Petitioner
AND
Mohamed N’fah Allie Conteh - 1st Respondent 
National Electoral Commission - 2nd Respondent
His Excellency Julius Maada Bio - 3rd Respondent
MATTERS CONSOLIDATED BY ORDER OF THE SUPREME COURT DATED 18TH JULY 2018

STATEMENT OF CASE FOR THE 1ST PETITIONER DR. SYLVIA BLYDEN
1. CAPACITY

  1. Capacity of the First Petitioner
    i. The First Petitioner, Dr. Sylvia Olayinka Blyden is a citizen of Sierra Leone with Voter ID Number 4846496 who duly registered and then voted at Polling Center 16221 in Western Area Urban during the Presidential Elections of Sierra Leone, held on the 7th day of March 2018 and the subsequent Presidential Run-off Elections held on the 31st day of March 2018.
    ii. That the First Petitioner is also a longstanding member of the All Peoples Congress (APC) which is a registered political party in Sierra Leone operating as such by virtue of Section 35 of the Constitution of Sierra Leone Act No.6 of 1991 and the Political Parties Act No.3 of 2002. The Petitioner’s APC party fielded a candidate in the aforesaid Presidential election during which the Petitioner was a member of the APC’s 4-man National Supervisory Team in charge of ensuring counting and tallying of results were done legally without disadvantage to APC during the run-off elections.
  2. Capacity of the Respondents
    i. The 2nd Respondent is the sole institution established by law and legally mandated to, inter alia, register voters, prepare a register of voters, delimit constituencies and wards, regulate and conduct nomination of candidate for elections, conduct general and Presidential elections, publish and declare election results and make regulations for the efficient discharge of its functions.
    ii. The 1st Respondent is the Chief Electoral Commissioner and National Returning Officer and the Head of the 2nd Respondent.
    iii. The 3rd Respondent was at all material times before the declaration of final presidential election result, the Presidential candidate of the 4th Respondent who took part and contested in the said Presidential Election. In the presence of the 1st Petitioner who had strongly cautioned otherwise at the Bintumani Hotel on Monday March 26th 2018, the 3rd Respondent vehemently urged the 1st Respondent and 2nd Respondent to flagrantly disobey Sections of the Public Elections Act No. 4 of 2012 which govern presidential elections. The 3rd Respondent then proceeded, by virtue of the pronouncement made by the 1st Respondent on 4th April 2018, to be declared President of the Republic of Sierra Leone following the elections he had personally urged to be conducted in flagrant violation of the Public Elections Act of 2012.
    iv. The 4th Respondent is a registered political party in Sierra Leone operating as such by virtue of Section 35 of the Constitution of Sierra Leone Act No.6 of 1991 and the Political Parties Act No.3 of 2002. The 4th Respondent is the Political Party under whose ticket the 3rd Respondent contested the said Presidential Election. Representatives of the 4th Respondent at several meetings arranged by the 1st and 2nd Respondent, notably on March 19th 2018, on March 23rd 2018, on March 26th 2018 and on April 1st 2018, urged the 1st and 2nd Respondents to disobey the Public Elections Act of 2012 whilst conducting the presidential elections.
    2. JURISDICTION & LOCUS STANDI
    Section 122 of Constitution of Sierra Leone Act No. 6 of 1991 invests the Supreme Court with jurisdiction to entertain the humble petition of the first petitioner in tandem with Section 55 of the Public Elections act of 2012. Rule 89 of Part XVI of the Supreme Court Rules, 1982 (Public Notice No. 1 of 1982) provided the procedure to be followed herein. The petitioner humbly believes that there is no legal impediment or disqualification barring the Hearing of this Petition under any Law.
    3. FACTS & PARTICULARS
    i. That on the 7th day of March 2018 in pursuance of the powers conferred upon it, the 2nd Respondent headed by the 1st Respondent, conducted Presidential and General Elections in all 16 districts in Sierra Leone. Sixteen (16) Presidential candidates contested the Presidential elections with Dr. Samura Mathew Wilson Kamara, as candidate of the All People’s Congress and Brigadier (Rtd) Julius Maada Bio (the 3rd Respondent) as candidate of the Sierra Leone People’s Party (SLPP).
    ii. That notwithstanding some general view of certain quarters that the Elections of March 7th and March 31st 2018 were peaceful and free from violence, they were in fact marred by irregularities, malpractices, harassment and fraud and even by corrupt practices by officials and agents of 2nd Respondent in collusion with agents and operatives of the 3rd Respondent and 4th Respondent. Fake Results & Reconciliation Forms (RRFs) were used as materials by NEC Officials to doctor and/or manufacture results in the Presidential elections in favour of the 3rd Respondent.
    iii. That on that Election Day of 7th March 2018, in the evening hours, there was a huge outcry caused and serious allegations of criminal hacking of NEC computer systems which caused the Sierra Leone Police to search an unfinished building at Goderich which was suspected to be using Information Technology skills to hack into the computers of NEC (the 2nd Respondent).
    iv. That during the search, the Police uncovered the SLPP presidential candidate (the 3rd Respondent) who had been inside the unfinished building which he had been using for I.T. purposes but due to a rowdy crowd of SLPP supporters of the 4th Respondent which gathered and with intervention of the former President of Ghana H. E. John Mahama, the Police decided to refrain from conducting any further I.T. forensic analysis of the equipment discovered.
    v. That on 13th March 2018, the 1st Respondent pronounced the 7th March election results, declaring that the Sierra Leone Peoples Party candidate had polled 43.257% of votes cast and All Peoples Congress (APC) candidate had polled 42.676% of votes cast.
    vi. That the 1st Respondent in exercise of the powers conferred upon him by sections 52(2) and 94(4) of the Public Elections Act, 2012 and 42(2)(f) of the Constitution, Act No.6 of 1991, declared a run-off election between the said Dr. Samura Mathew Wilson Kamara, presidential candidate of APC and Brigadier (Rtd) Julius Maada Bio, presidential candidate of SLPP since none of the candidates was able to poll 55% of valid votes cast pursuant to section 42(2) (e) and (f) of the 1991 Constitution. The said runoff election was to have been conducted on the 27th March 2018 but ended up to be contested on 31st March 2018 after the 1st and 2nd Respondents were initially injuncted from conducting the elections due to serious concerns of a citizen of Sierra Leone Ibrahim Sorie Koroma Esq.
    vii. That the conduct of the presidential elections was marred with instances and varying degrees of election malpractices, irregularities and impropriety and non compliance or breach of stated provisions of the Public Elections Act aforesaid and the Constitution of Sierra Leone which affected the outcome of the final result and without which the outcome would have been substantially and materially different.

PARTICULARS OF IMPROPRIETY/IRREGULARITY
1. That immediately after the March 7th elections there was a huge outcry of votes rigging across the country and that all the major political parties demanded a recount of all disputed poll results while challenging the credibility of the elections. 221 polling stations were excluded, including where the votes cast exceeded the number of registered voters (including voters included on the supplementary list).
2. That on 19th March 2018, the Petitioner, in her capacity as a member of the 4-man APC Supervisory team attended a meeting with 1st Respondent and other members of 2nd Respondent at which representatives of the 3rd Respondent and 4th Respondent were also present.
3. That at the meeting, it came out clearly that the March 7th presidential elections had been conducted in complete contravention of Sections 91, 93 and Section 94 of the Public Elections Act of 2012.
4. That the 1st Respondent and 2nd Respondent confessed to have broken the Law with regards to how presidential elections should be conducted but stated it was due to a matter of expediency they decided to use a short-cut instead of complying with the provisions of Sections 91, 93 and 94 of the Public Elections Act.
5. That the Petitioner as a registered voter and member of the 4 man team aforesaid, told the 1st and 2nd Respondents that by breaching Sections 91, 93 & 94 of Public Elections Act, they had exposed the integrity of the transfer of the results to possible Hacking by Information Technology criminals and further drew the attention of the 1st and 2nd Respondents to the fact that the numbers for many of the results published on the website of the 2ndRespondent, just did not add up.
6. That on Friday March 23rd 2018, the 1st Respondent and 2nd Respondent invited the APC and the SLPP alongside the entire Diplomatic and Consular Corp plus United Nations officials to witness a demonstration of their tallying systems.
7. That at that meeting in the presence of Diplomats and the Press, the Petitioner, on behalf of APC, brought out a worrying discovery that Voter Register by Polling Centers which were published on the website of the 2nd Respondent by the 1st Respondent, were at variance with another unknown set of Voter Register by Polling Centers which the 1st Respondent and 2nd Respondent were using.
8. That when the NEC Website Voter Register is used to calculate around issues of over-voting and cancellations, the APC’s Samura Kamara automatically became the lead candidate of the First Rounds but when the other unknown Voter Register is used, the SLPP’s Julius Maada Bio turned into the lead candidate.
9. That the 1st Respondent publicly accepted the error and confirmed that he used the unknown Voter Register. 
10. This error clearly was the reason why the 1st Respondent had placed and declared the 3rd Respondent (Julius Maada Bio) undeservedly so, as the first place candidate for the First Rounds.
11. That the 1st Respondent publicly promised to investigate and report back to the APC as to what was the reason for the variance given the fact that when one set of Voter Register is used, it changes the results significantly over than when the other unknown Voter Register is used.
12. That at the time of filing this Petition, despite several reminders in writing and also through press releases, there has been no explanation from 1st Respondent as to why there were two different sets of numbers of voters on those Voter registers. 
13. That rather, yet another Voter register was again issued to political parties on the eve of the Run-Off elections; now giving 3 different sets of spreads of voters per polling station. Three different Voter Registers for the same presidential election.
14. That up till the time of filing the petition, the 1st and 2nd Respondents had also failed to produce or publish the full data of detailed election results by polling stations for both the 7th March and 31st March elections.
15. That the run-off election was scheduled for 27th March 2018, but because of the widespread concerns of illegalities during the First Rounds, a legal case was filed in court by a citizen of Sierra Leone, Ibrahim Sorie Koroma Esq. seeking inter alia, a forensic audit of the entire conduct of the first rounds of elections plus an injunction on the run-off elections until the audit was conducted. Though the prayers of Koroma Esq. were not granted, the court case caused some delay and the election went on to be held on 31st March 2018 instead of 27th March 2018.
16. That Representatives of the 4th Respondent at several meetings arranged by the 1st and 2nd Respondent, notably on March 19th 2018, on March 23rd 2018, on March 26th 2018 and on April 1st 2018, urged the 1st and 2nd Respondents to disobey Sections 91, 93 and 94 of the Public Elections Act of 2012 whilst conducting the presidential elections despite very strong cautions of the 1st Petitioner for the laws of Sierra Leone to be followed.
17. That similarly on Monday March 26th 2018 at a joint SLPP-APC-NEC meeting held at Bintumani Hotel with former African Heads of State observing the electoral process, the 3rd Respondent personally and most vehemently urged 1st Respondent and 2nd Respondent to flagrantly disobey mandatory Sections 91, 93 and 94 of the Public Elections Act No. 4 of 2012 which govern presidential elections; this urging by 3rd Respondent was done despite strong cautions of 1st Petitioner who had urged otherwise. That in such urgings, 3rd Respondent was supported by particularly H.E. GOODLUCK JONATHAN, former president of Nigeria and H.E. JOHN MAHAMA, former president of Ghana.
18. That influence of foreigners, notably former African Heads of States in persons of H.E. DR. GOODLUCK JONATHAN of Nigeria and H.E. DR. JOHN MAHAMA of Ghana, strengthened resolve of 1st Respondent, 2nd Respondent, 3rd Respondent and 4th Respondent to flout the Laws of Sierra Leone, primarily Section 91, Section 93 and Section 94 of the Public Elections Act of 2012.
19. When the polls were closed on Election Day 31st March 2018, agents of the 2nd Respondent started counting the ballots in the presence of party agents. Some APC Party agents deployed in the south-east of the country reported that they were violently intimidated and so had to leave without waiting for counting to conclude. Others reported widespread cases of over-voting in hundreds of polling stations in the south-east when using the third version of the Voter Register supplied to APC on March 30th 2018.
20. That on the 2nd April the APC sent petitions to the 1st and 2nd Respondents for a recount of the polling stations where over voting have been reported. Although the 1st and 2nd Respondents acknowledged receipt of the petitions, and assured APC party that the complaints will be looked into, the issues raised in the petitions were never addressed.
21. That on the 4th April 2018, the 1st Respondent went ahead, without full and frank disclosure of reasons behind the variance in Voter Registers neither assurances concerning over-voting raised by APC, to declare Julius Maada Bio as Winner of the Presidential Elections; contrary to the Public Elections Act No. 4 of 2012 with polled quantum of votes declared as:

  1. Brig. General (Rtd) Julius Maada Bio (SLPP) - 1,319,406 VOTES (51.81%)
    b. Dr. Samura Matthew Wilson Kamara (APC) – 1,227,171 VOTES (48.19%)
  2. That as a result of refusing to go by the Public Elections Act aforesaid which called for an organized District-Level tallying, many mistakes and other deliberate rigging actions happened in the tallying process thus skewing the results against APC substantially.
    23. That as a further result of 1st Defendant and 2nd Defendant refusing to effectively use their announced Parallel Tallying System with Microsoft Excel software during District-Level tallying, the 1st Respondent and 2nd Respondent connived with the 3rd Respondent and 4th Respondent to cheat the APC and the APC candidate.
    24. That as an even further result of insisting on using the specialized TALLY 2018 software, cheating the APC candidate happened by the computer system.
    25. That for example, in Polling Center 10157; Polling Station Number 01 in Port Loko district, the Petitioner discovered at the Port Loko tallying center that the suspicious TALLY 2018 software had cheated the APC candidate Samura Kamara whose votes were automatically slashed from 279 votes to 223 votes whilst the results of the SLPP candidate Julius Bio was automatically increased from 4 votes to 9 votes.
    26. That overall, the 1st Respondent was partial against the APC in the conduct of the said First Rounds and also Run-offs of the Presidential Elections which he systematically planned and executed in favour of the 3rd and 4th Respondents to the detriment of the APC and to us the voters and people of Sierra Leone in general.
    27. That overall, the conduct of the Presidential Election was irregular, improper, conducted amidst violence and intimidation of citizens and most of all, conducted in breach of the mandatory dictates of the Public Elections Act of 2012 and so the overall result as declared, was invalid and does not represent the true will of the voters.
    28. That since the Public Elections Act was created by Section 44 of the Constitution of Sierra Leone Act No. 6 of 1991, the breach of the Public Elections Act by the 1st and 2nd Respondents whilst conducting the Presidential Election was therefore unconstitutional.
  3. SUBMISSIONS AND ARGUMENTS
  4. That the 7th March and 31st March 2018 elections were marred with irregularities, malpractices, wide spread intimidation and harassment of APC polling agents or representatives, collusion and corruption by NEC officials and agents together with political party agents or officials particularly the 4th Respondent; the use of fake RRF forms, the tampering and change of original or actual results; manufacturing or doctoring of results; the use of a complicated system of computers and IT systems of the 2nd Respondent which could not be proven to be free of Hacking; widespread rigging across the country; the production and use of 3 completely different voter registers including an unknown voter register for the same presidential election; cancellation of 221 polling stations without any acceptable reason; allowance of results from widespread over voting in the Southeast regions of Sierra Leone; failure or refusal to effectively use the parallel Tallying system with Microsoft Excel software during at District level tallying as announced and promised by the 1st and 2nd Respondents; cheating and giving undue edge to the 3rd Respondent over the Presidential candidate and/or other candidates through the continued insistence and use of a specialized and unfair software by the 1st and 2nd Respondents all of these when put together substantially and materially changed the outcome of the results of the said election thereby giving a totally different result which does not reflect the will of the voters as cast with the end consequence of wrongly declaring the 3rd Respondent as winner. (RAILA AMOLO ODINGA & ANOTHER Vs. THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND OTHERS). 
    2. That the 1st and 2nd Respondents failed or refused to comply and adhere to mandatory provisions of the Public Elections Act to wit: Sections 94, 93 and 91 in that District Returning Officers of the 1st and 2nd Respondent failed to use their District Offices to compile a summary of all statements and certify same of results of the polls from all polling stations located in their districts but rather 1st and 2nd Respondents illegally moved the tallying processes away from each of the sixteen District Offices thus restricting the access of duly allowed persons to witness the process. This removed the layer of district-level transparency that was required and which the crafters of the Public Elections act of 2012 envisaged for free and fair elections.
    3. I most humbly submit that the reasoning and arguments of the Learned Justices of the Supreme Court of Kenyan are impeccable, and having due regard to the similarity of the instances of election malpractices, irregularities over voting and failure of the Electoral Commission to follow and adhere to laws and rules governing the conduct of Presidential elections in the two respective countries, I humbly pray Your Lordships would accept and adopt their said Judgement, and find for the Petitioner herein accordingly.
    5. PRAYERS & RELIEFS SOUGHT
    This petitioner would accordingly humbly pray for Your Lordships to find for the Petitioner and grant the orders prayed for in the Petition in the interest of justice, respecting the will of the people and upholding the tenets of democracy and good governance. Petitioner’s Prayers are to wit:
    1. A DECLARATION that the conduct of the March 7th 2018 and March 31st 2018 Presidential Elections and Presidential Run-off Elections respectively, were in breach of several mandatory dictates of the Public Elections Act No. 4 of 2012.
    2. A DECLARATION that the conduct of the March 7th 2018 and March 31st 2018 Presidential Elections were conducted amidst intimidation, violence, impropriety, malpractices and several irregularities thus making them to not be free and fair.
    3. A DECLARATION that the election of Julius Maada Bio, SLPP was therefore not valid and thus he is not duly elected as President of the Republic of Sierra Leone.
    4. THAT this Honourable Court directs another Presidential Election be held within 90 days from the date of the Order.
    5. THAT this Honourable Court directs for the Speaker of the House of Parliament to act as President of the Republic during the 90 days before the fresh elections.
    6. Any other or further Order(s) that this Honourable Court may deem fit and just.
    7. THE COSTS of this Petition to be paid by the Respondents jointly and severally.
    6. NAMES AND PARTICULARS OF WITNESSES PETITIONER INTENDS TO CALL.
    The Plaintiff does not intend to call any witnesses
    7. LIST OF DECIDED CASES AND STATUTORY AUTHORITIES

CASE LAW
1. Raila Amolo Odinga and another
And
Independent Electoral and Boundaries Commission and Others
Presidential Petition No.1 of 2017 in Supreme Court of Kenya
2. Irregularity in an election (What accounts to) 
– ALALADE VS. AWODOYIN (1999 SNWCR (pt 604) 529 C.A.
3. Allegation of electoral malpractices – need to show that malpractices affected the results substantially
WULGO V. BUCKOR (1999) SNWCR (Pt.596) 539C.A. 
ATIKFA ABU BOLASS V OLUSHAGUE OBASANJO
4. Allegation of corrupt practices
HALI V. ATIKU (1999) 5NWLR (Pt. 602) 186 C.A.
5. Irregularity in election – Tribunal finding irregularity substantial 
AONDOAKAA V. AJAO (1999) 5nwlr (Pt. 602) 206C.A.
6. Malpractice and Corrupt practices in an election 
BADAWIV. ADAM (1999) 3NWLR (Pt.594) 303C.A.
7. Conduct of election – Bias of electoral officials 
MOHAMMADU BUHARI V. CHIEF OLUSEGUN OBASANJO (2005) 13NWLR Pt. 941
8. Bias and absence of neutrality on part of electoral commission BUHARI V. OBASANJO

STATUTE LAW AND STATUTORILY ISSUED DOCUMENTS
. The Public Elections Act No. 4 of 2012
. The Constitution of Sierra Leone Act No. 6 of 1991
. The Election Petition Rules Statutory Instrument No. 7 of 2007
. MARCH 2018 GUIDE FOR POLLING & COUNTING STAFF ISSUED BY THE NATIONAL ELECTORAL COMMISSION
. MARCH 2018 POLLING AND COUNTING PROCEDURES ISSUED BY THE NATIONAL ELECTORAL COMMISSION
. ELECTIONS 2018 TALLY AND RESULTS PROCEDURES ISSUED BY THE NATIONAL ELECTORAL COMMISSION
. HIGH COURT RULES 2007, CONSTITUTIONAL INSTRUMENT NO. 8 OF 2007
. THE SUPREME COURT RULES, PUBLIC NOTICE NO. 1 OF 1982
. THE POLITICAL PARTIES ACT NO. 3 OF 2002

Dated the 29TH day of JULY 2018.

SYLVIA OLAYINKA BLYDEN
This Statement of Case is presented and filed by SYLVIA OLAYINKA BLYDEN with herself acting as agent for herself and her address for services is 24 Garrison Street, Freetown

Last modified on Wednesday, 08/08/2018

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