By: Alimatu Kargbo
In an on-going petition Chieftaincy matter between the plaintiff Michael Magai and the current paramount chief of Lower Banta Chiefdom Gbangbatoke Moyamba district came up on Thursday 10 April 2015 before Justice Alhaji Momoh Jah Stevens at the Freetown High Court, where the petitioner Magai asked the court to slammed an interim injunction on paramount Chief Jibao Russell until the matter is determined by the court.
Plaintiff Michael Magai petition Chief Jibao Russell based on corruption and embezzlement of money handed over to him for the chiefdom which he cannot accounted for.
The case stems from civil matter under section 13 of the Chieftaincy Act of 2009 and was filled by the petitioner lawyer B. J Reffle.
The petitioner Michael Magai on behalf of the petitioner who is now deceased Nancy R. Johnny filed the petition against Chief Jibao Russell that he embezzled monies that were given to him on the development of the Lower Banta Chiefdom Gbangbatoke Moyamba district.
Petitioner Magai also filed petition case against the Ministry of Internal Affairs first respondent, the provincial secretary southern province second respondent, the National Electoral Commission third respondent, Attorney General and Minister of Justice fourth respondent and the fifth respondent is the Paramount Chief Jibao Russell of Lower Banta Chiefdom Gbangbatoke Moyamba district.
The injunction was sought by Magai’s lawyer by a way of notice of motion dated the 19th December 2024 seeking that an Interim Injunction been slammed against the fifth respondent paramount Chief Jibao Russell holding himself out as a paramount chief pending the hearing and determination of the matter
The affidavit also stated that an interlocutory injunction be slammed against the paramount Chief Jibao Russell from acting as Paramount Chief of Lower Banta Chiefdom, Gbangbatoke, Moyamba district in the southern provinces of the republic of Sierra Leone. The affidavit also sought for permanent injunction restraining the fifth respondent Russell to stop work as Paramount Chief of the aforesaid chiefdom. However, the said notice of motion was supported by the affidavit of Micheal margai ( petitioner) with several exhibits attached.
Exhibit MM1 in the affidavit is a copy of the petition dated the 29th January 2010, which is an action instituted challenging the legitimacy of Chief Jibao Russell to serve as Paramount Chief of Lower Banta Chiefdom, Moyamba district Southern province of Sierra Leone.
Exhibit MM2 is a judgement of the high court dated 9th March 2011, indicating that hearing was conducted before the court without the attendance of the law officers department. Exhibit MM3 is the application and supporting affidavit that warranted the order of the court based on the judgement given dated 9th March 201.
Exhibit MM4 was a judgement set aside by the High Court dated 11 July 2011 on the grounds of irregularity which means the paramount Chief, the Attorney General and Minister of Justice were not given the opportunity for the matter to be heard in the interest of Justice and fair play as it was fair for both parties to be heard in the bitterly contested petition.
The affidavit presented by the petitioner lawyer further stated that it is an evidence from the records of the court that the first petitioner now a deceased went to the Court of Appeals on the 10th December 2024 for the case be remitted to the High Court for hearing and determination speedily.
Counsel Reffle for the petition in his legal submission said exhibit MM2 and MM3 are judgment set aside by the court based on the issues of corruption and embezzlement done by the paramount in his chiefdom. He added that exhibit MM2 is a document from the Appeal court indicating that the petition should be heard a fresh as it relates to corruption and embezzlement allegations.
Lawyer Reffle furthered that the Anti-corruption Commission (ACC) has primary look into the embezzlement of funds which were meant for the development of the Lower Banta Chiefdom which was embezzled by the paramount chief.
Edward Sarkoh counsel representing all the respondents filed an affidavit in opposition sworn on the 6th January 2025 challenging the application for an injunction. He said that if the injunction is granted by the court, it would lead to chaos and unrest in the Lower Banta Chiefdom Gbangbatoke as the paramount chief has been in his office since 2010.
He said to put injunction on him after serving (14) fourteen years will create serious problems and dangerous situation for the people of Lower Banta Chiefdom. He explained that the court of appeals has perfectly ruled that; the action must commence but should be done without reference of an injunction.
He therefore prays that the court refused the application for an interim injunction against the paramount Chief and also prays that the court refused granting an interlocutory injunction restraining the paramount Chief to work as Chief of Lower Banta Chiefdom.
He also prays that the hearing of the petition should be held fresh in accordance with the ruling of the Appeal court. After both argument the matter was adjourned to 9th May 2025.
