Before the Hon. Mr. Justice Mohamed Alhaji Momoh-Jah Stevens J. Judgment dated the 31st May 2019

The Petitioner herein Thomas Aaron Leroy Koroma of the Sierra Leone Peoples Party filed a Petition dated the 13th day of April 2018 against thep t Respondent herein Isaac Tarawallie of the All Peoples Congress following the declaration by the National Returning Off icer , National Electoral Commission of the said Isaac TarawaIlie as being duly elected Member of Parliament of the said Constituency, seeking a nullification of the said declaration and the result itself because of election  malpractices, ballot stuffing and irregularities.

In Answer to the Petition dated the 17th May 2018, the pt Respondent denied the allegations contained in the Petition and instead put  the Petitioner to strict proof  thereof.

This is a trial that must be conducted by Affidavit evidence. In this regard the Petitioner filed an Affidavit in Support of the Petition dated the 10th day of September 2018. By Paragraph 4 of the Petitioner's Affidavit the Petitioner mainly averred of fraud and intimidation without any documentary proof. By Paragraph 6, the Petitioner zilleged a Journalist was beaten and  ubmitted document

marked TALI< 1 and 2. For me the issue of a Journalist being beaten is a very serious issue but  must not be used is support of a Petition  since Journalist  are independent  personalities, and we see the  faith of one Ibrahim Samura who was severely beaten on Polling Day and later died. I submit that is a case for SLAJ not  for  the Petitioner.

Counsels for  the  Petition submitted the cases of Morgan and Others  v. Simpson and another (1974) 3 All ER 722 and Gunn and others and Sharpe and others (1974) 2ALL ER1058 as persuasive authorities in  aid of the  case of  the  Petitioner. I hold that these legal authorities   will not make out  a case for  the Petitioner.

I will also not divert my mind in relation to the submission made by

D.E. Taylor Esq. representing the 2nd, 3rd, and 4th Respondents as his clients failed to  submit Affidavits  in Support or in Opposit ion.

I will not go in depth into the case of the  pt  Respondent because I  am not  satisfied with the case of  the  Petitioner as presented. Thep                                              t Respondent filed an Affidavit in Oppo si t ion dated the 20 th September 2018 denying the allegations in the Petition. The Affidavit in Opposition by the 1st  Respondent was corroborated by the Affidavit sworn and deposed to by Tejan Bangura dated the 20th September 2018.

In view of the evidence before the Court, I hereby enter judgment in favour of the pt Respondent, Isaac Tarawallie of the All Pe ople' s Congress by virtue of the powers vested in this Honourable Court under Section 78(1} a of the Constitution of Sierra Leone Act NO. 6 of 1991that the pt Respondent was duly elected and returned by the National Electoral Commission as Member of Par liam ent , on the 7th March 2018 in the Ge nera/ Parliamentary Election for Constituency 118, Western Urban, in the Western Area of the Republic of Sierra Leone. In addition I make the  following  orders:

1. This Honourable Court dismisses the  Petition dated the 13th

April 2018 filed by the Petitioner herein.

1. The Hon. Isaac TarawaIlie of the All People's Congress shall continue to represent Constituency 118 in the Sierra Leone House of Parliament
2. No order as to   Costs