Judgment dated the 31st day of May  2019

The Petitioner herein Sahr Sahid Saccoh of the Sierra Leone People's Party filed a Petition against theist Respondent, Wurroh Timbo Jalloh of the All People's Congress dated the 20th April 2018, alleging rampant and widespread malpractices  and irregularities and at the same time praying in aid from the this Honourable Court to declare the  sa id result that returned theist Respondent as

Honourable  Member  of  Parliament,  Constituency  119  West ern  Area, Fr  eetown )
The pt Respondent responded with an Answer dated the 17th day of May 2018 denying the allegat io ns raised in the Petition by the Petitioner  and put  the  Petitioner  to  strict proof thereof.

This Honourable Court gave direction for the trial to be held by Affidavit Evidence.

In his Affidavit in lieu of Oral Evidence by the Petit ion er, Sahr Sahid Saccoh dat ed the 10th day of Sept ember 2018, the Petit ioner averred that Police ar rest ed those who were involved in malpr act ice1but

were later released. To this the Petitioner  exhibited a document  marked SSS 1. The Petitioner also exhibited a document which is a Letter of complaint addressed to the  Chairman and Leader of the  Sierra Leone People's Party marked SSS 2, in relation to Exhibit SSS 1 . Counsels for the  Petitioner relied on 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. Both cases from my understanding, the Courts, propounded that if the irregularities are substantial in an Election, then an Election Result must be declared invalid because according to one of the  Courts 'it  could not be said  that the election had been so conducted as to be substantially in accordance with the law as to elections'. The sworn statement of the Petitioner herein was supported by Statement made by Saidu Sankoh dated the 10th day of September 2018 and Statement made by Mohamed Saccoh dated the 10th September 2018 marked as Additional  Exhibit 1 and In moving the Court, in defence of theist Respondent, B. Koroma  Esq. maintained that they relied on the Affidavit  deposed to  by the  ist Respondent dated the 20th September 2018 . In the said Affidavit the pt Respondent denied the allegations levied against him  by the Pet it ioner . According to B. Koroma Esq. the allegations lack specificity.

I sha ll  pay no attention to Counsel for  the  2nd, 3rd and  4th

Respondents because his clients did not  submit  Affidavits in  reply.

I agree with Counsel for the pt Respondent that the allegations made by the  Petitioner  lack specificity  and precision.

I hold that the Petitioner has not established his case on a balance of probabilities and I therefore enter judgment in favour of the pt Respondent as the Honourable Member of Parliament duly elected and returned by the National Returning Officer, National Electoral

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Commission for  Constituency 119  Western Urban, Western Area   of

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the Republic of Sierra Leone pursuant to Section 78(1) a of the Constitution  of  Sierra  Leone Act  NO. Of 1991.

In addition thereto, I make further orders:

1. The Petition dated the 20th April 2018 is dismi sse d by this Honourable   Court
2. That the pt  Respondent , Wurroh Timbo Jalloh of the  All People's Congress shall continue to represent Const it uency 119 in the Sierra Leone House of Parliament till thenext General/Parliamentary  Election
3. No order as to  costs