Alhassan Cole AND Osman Jalloh& Others (EP 01)  SLHC 23 (07 March 2019);
Judgment dated the 3pt day of May 2019
The Petitioner herein Alhassan Cole stood under the Platform of the All Peoples Congress in the Genera/Parliamentary Elections on the 7th day of March 2018 and the Returning Officer of the National Electoral Commission returned Osman Jalloh of the Sierra Leone People's Party as the Candidate duly elected as Hon. Member of Parliament of Constituency 109. The Petitioner filed a Petition dated the 23rd day of April 2018 against the pt Respondent seeking that the said result be declared null and void and subsequently the 1st Respondent losing his seat in Parliament. The Petitioner avers inter alia that the pt Respondent is a citizen of the United States of America going by the name 'Thomas Kowa' . Besides, the Petiti oner alleged that the National Electoral Commission perpetuated massive irregularit ies in favour of thep t Respondent. There was according to the Petitioner violence in the said Constituency.
The 1st Respondent denied all the allegations contained in the Petition dated the 23rd day of April 2018 filed against him.
This Honourable Court directed the trial herein be held by way of Affidavit.
The Petitioner, Alhassan Cole did not comply with the orders of this Honourable to file and serve Affidavit on al l the Respon dents in other for the Respondents herein to reply.
Counsel for the Petitioner pray in aid to the Court for the said Petition be dismissed since it is not in compliance with Rules 35 of the Election Petition Rules 2007 .
Lead Counsel for the Petitioner told the Court he was not serve with any such order for trial by Affi davit , Counsel for the 1s t Respondent said Counsel on record was served.
Counsel representing the 2n d , 3rd and 4th Respondents also asked this Court to dismiss the Petition.
I hold that the Petitioner has failed to comply with the order of this Honourable Court directing him to file and serve Affidavit on Respondents for trial to proceed.
Judgment is accordingly entered in favour of the pt Respondent and the Petition dated the 23rd day of April 2018 is dismissed. I further make the following orders:
- The 1st Respondent Hon. Osman Jalloh of the Sierra Leone People's Party shall continue to represent Constituency 109 in the House of Parliament of Sierra Leone because he was duly elected and no case has made against him by the Pet it ion
pursua nt to Section 78(1)a of the Constitution of Sierr a Leone Act. N0.6 of 1991
- That the Petition dated the 23rd April 2018 is dismiss J.. 07?
- No order as to Costs