Before the Hon. Mr Justice Mohamed Alhaji Momoh-Jah Stevens J. Judgment  dated the 3pt   day of  May 2019

The Petitioner filed a Petition dated the  20th day of  April 2018  against the  election result duly declared and returned in favou r of    the pt Respondent herein Hon. Emmanuel Saidu Conteh by National Returning Officer, National El ectoral Commission, as Member of Parliament, Constituency 129 Western Urban. In the said Petition the Pet itioner, Fatmata Sarah Soukenah averred, inter alia, that there were widespread malpractices and irregulari ties at the Polling Centre Code 16216 at Ward 439 in this Constituency in issue. The Petitioner asked this Court to declare null and void the Election Result of Emmanuel Saidu Conteh.

The pt Respondent filed an Answer dated the 17th day of May 2018 in which he denied every allegation in the  Petition filed by   the

Petit ioner .

Following a direction by this Honourable Court to the parties in this Petition, the Petitioner filed and served Affidavit in Support of the Petition dated the 10th day of September 2018. Upon a careful perusal of this Affidavit I noted that there is no exhibit attached to

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any of the allegation made by the Pet it ioner . All I see in support, are Statements made by Witnesses which were not even deposed to in Affidavits. To me it is not sufficient. In fact, I am not even going to look into the Defence of the pt Respondent since I am not satisfied with the allegations made by the Petitioner as there is no supporting evidence thereof. The burden of proof is wholly and solely placed on the party alleging malpractice, and this burden I humbly submit has not been discharged by the Petitioner herein. It is said 'Justice delay is justice denied', and in the spirit of expeditious trial I hereby proceed to announce judgment in favour of the pt  Respondent.

I therefore enter judgment for the pt Respondent as being duly elected and returned by the National Returning Officer, National Electoral Commission as the Member of Parliament, Constituency 129, Western Urban, Freetown pursuant to Section 78 (1) a of the Constitution of Sierra Leone Act N0.6 of 1991.

In addition thereto, I make the following orders:

1. This Honourable Court dismisses the Petition herein dated the

20th day of April 2018

1. That Hon. Emmanuel Saidu Conteh of the All People's Congress shall continue to  represent  Constituency 129 in the  Sierra Leone House of Parliament till the next General/ Parliamentary Elections
2. No order as to Costs