Sections 40 and 41 of the Constitution which he said President Ernest Bai Koroma relied on to relieve the former Vice President, Alhaji Samuel Suman from his duties and functions were completely misinterpreted and misused.
According to the learned lawyer, the Constitution of Sierra Leone makes no provision and declaration that, the supreme executive powers constitutionally legitimizes the sacking of the Vice President by the President.
Lawyer Margai went on to state that the President acted unconstitutionally, owing to the fact that both the President and his Vice were elected to various sensitive positions as enshrined in the country’s law books, adding that the President action to relieve Alhaji Chief Samuel Sumana of his duties was null and void, and also contravenes Section 40 and 41 of the Constitution.
The issue of the Public Notice dated 17 March, 2015 which President Dr. Ernest Bai Koroma used as a constitutional authority and whip to dismiss Alhaji Chief Samuel Sumana, on the grounds that, the Vice President demonstrated willingness to abandon his duties and functions and subsequently sought asylum somewhere else is yet to be determined by the court.
However, Margai argued: “As far as I am concerned there is no evidence before the court that, indeed the former Vice President sought asylum somewhere else as earlier submitted by Counsel for the 1st Defendants, Barthan Macauley Jnr.”
He further argued that, the matter before the court is very simple and straight forward and that, Sections 50 and 51 of the Constitution is not only limited to the President alone, stating that the only way the Vice President can be removed or relieve of his duties and functions is by the expiration of the term of office, mental and physical incapacity resignation, retirements as stated in Section 55 sub section C of the Constitution.
He made it abundantly clear that Section 55 Sub Section C of the Constitution makes no provision for the President to relieve the Vice President of his duties and functions and reminded the presiding judges of the wise saying ; the legislature makes the laws, the Lawyers opine and the judges interpret it.
The controversial legal luminary pointed out that, there is no evidence to substantiate that, the Vice President demonstrated willingness to abandon his duties and functions and sought asylum and stressed that, the case before the Supreme Court was just a mere allegation.
He also noted that, President Ernest Bai Koroma was opened to alternative options before relying on the wrong Sections of the constitutional to sack Alhaji Chief Samuel Sumana from office and that, the national Constitution is very plain and explicit on sections and sub sections that empowers the president to take such action.
Mr. Charles Margai expressed concern over the Defendants Lawyer, Barthan Macauley’s failure to furnish the court with a letter dated 6th March, 2015, which expressed and made public the National Advisory Council of the ruling All People’s Congress stand point to expel the former Vice President from the party.
It could be recalled that, the Former Vice President, Alhaji Chief Samuel Sumana sought action in the Supreme Court against the President, Dr. Ernest Bai Koroma, the Current Vice President, Victor Bockarie Foh and the Attorney General and Minister of Justice, Frank Kargbo for relieving him of his duties as Vice President which he described as unconstitutional action.