By Aminata Phidelia Allie
The court case between expelled member of the National democratic Alliance, Mohamed Pateh Bah, and the party's national executive comes up on Wednesday 10 October 2012, the day slated by the electoral commission for nomination in Freetown of the party’s presidential and legislative candidates.
According to a party source, they hope to be able to do so officially on the scheduled date ahead of the 17 November polls.
The matter could have ended yesterday had it not been for an affidavit filed by the faction loyal to the disputed flag bearer, Alhaji Musidal Jalloh in an attempt to close the case before nomination day.
Leon Jenkins-Johnston, the lead prosecutor, said that there were certain procedural issues for which application for an affidavit was needed and that it was only proper that the matter be adjourned. He told the court that his team of lawyers was only served the application yesterday, Monday 8 October 2012.
He submitted: “we left this courtroom almost a week ago but we were only served the application today. We have to respond to it and we cannot do that today. So I say we adjourn to Wednesday.”
However, defence lawyer Emmanuel Saffa Abdulai, argued that it would be a waste of precious time to adjourn the matter further, noting that “time is of essence to us all and there isn’t enough time left on the political calendar. It is therefore necessary that we move the case at least a step forward today.”
Sylvanus Kanyako, Chairman of the NDA party, told Politico that the court case and injunction had no stagnant hold on the party as they were determined to go on with their nomination on Wednesday.
He said the court had taken too long in passing judgement on the matter, noting that “Pateh Bah is unfit to lead the NDA as the party is bigger than him. He is in fact not qualified to be a part of this party.”
Mr. Bah, who maintained that he was fighting for his constitutional right, expressed hope that NEC would be flexible with them should they fail to meet their timeline.
Though hoping for a positive outcome, Bah said that he was ready to walk away peacefully should the court’s decision go against him.