{"id":2191,"date":"2026-08-20T18:44:06","date_gmt":"2026-08-20T18:44:06","guid":{"rendered":"https:\/\/daybreaknewspapersl.com\/?p=2191"},"modified":"2026-08-20T18:44:21","modified_gmt":"2026-08-20T18:44:21","slug":"over-disputed-apc-elections-in-tonkolili","status":"publish","type":"post","link":"https:\/\/daybreaknewspapersl.com\/?p=2191","title":{"rendered":"Over Disputed APC Elections in Tonkolili\u2026"},"content":{"rendered":"\n

PPRC Faces High Court Challenge<\/strong><\/h1>\n\n\n\n

By Alimatu Kargbo<\/em><\/strong><\/p>\n\n\n\n

The Political Parties Registration Commission (PPRC) has come under a fresh legal challenge before the High Court No. 1 in Freetown, where four members of the All People\u2019s Congress (APC) are asking the court to compel the Commission to issue a written decision on their appeal and halt further electoral processes in Constituency 054, Tonkolili District.<\/p>\n\n\n\n

The matter is before Justice Fisher of the High Court, with S.I. Koroma representing the plaintiffs\/applicants and B. Koroma appearing for the 2nd, 3rd and 4th respondents.<\/p>\n\n\n\n

The plaintiffs are John A. Tholley, Aminata K. Kamara, Lamin Osman Koroma and Femi P. Taylor, who are suing as APC members from Wards 180 and 181, Constituency 054, Tonkolili District.<\/p>\n\n\n\n

At the heart of the dispute is the plaintiffs\u2019 allegation that the PPRC has failed to provide them with a written ruling on an appeal they lodged on 6 July 2026 against a decision of the APC Independent Elections Complaints Board dated 1 July 2026.<\/p>\n\n\n\n

The plaintiffs are also challenging subsequent electoral activities in the constituency, including elections conducted on 25 July 2026, which they allege were held despite a PPRC directive dated 9 July 2026.<\/p>\n\n\n\n

They want the High Court to compel the PPRC to issue and publish its ruling, set aside the disputed elections and restrain the relevant APC bodies from recognising the purported winners or proceeding with the Tonkolili District-level elections pending determination of the substantive case.<\/p>\n\n\n\n

Opening the plaintiffs\u2019 case, Counsel S.I. Koroma told Justice Fisher that the applicants had followed the prescribed process after being dissatisfied with the decision of the APC\u2019s Independent Elections Complaints Board.<\/p>\n\n\n\n

He said the Board delivered its ruling on 1 July, after which the plaintiffs filed their appeal with the PPRC on 6 July.<\/p>\n\n\n\n

According to Counsel, the plaintiffs were subsequently concerned that the electoral process was continuing despite the pending appeal and a directive issued by the PPRC on 9 July.<\/p>\n\n\n\n

Counsel argued that the relevant APC electoral authorities ought to have made inquiries with the PPRC before proceeding with constituency elections, particularly because they were aware that a dispute had been lodged.<\/p>\n\n\n\n

He maintained that the absence of a published ruling should have indicated that the matter had not been finally determined.<\/p>\n\n\n\n

The plaintiffs are therefore asking the court for an order of mandamus compelling the PPRC to prepare, provide and publish a written ruling on their appeal.<\/p>\n\n\n\n

Counsel argued that the written decision is important because the PPRC is not necessarily the final avenue of legal redress available to the plaintiffs.<\/p>\n\n\n\n

Without a formal ruling, he said, the applicants would be unable to properly determine whether and how to pursue their further legal rights.<\/p>\n\n\n\n

A significant part of the hearing focused on correspondence allegedly sent to the PPRC.<\/p>\n\n\n\n

Counsel told the court that the plaintiffs wrote to the Commission on 27 July 2026, drawing attention to what they described as violations of their rights and asking for a written determination on their appeal.<\/p>\n\n\n\n

He alleged that the letter was not accepted by the Commission.<\/p>\n\n\n\n

Counsel said the plaintiffs subsequently instructed their lawyers to write to the PPRC, resulting in another letter dated 28 July 2026.<\/p>\n\n\n\n

According to him, that letter was also rejected.<\/p>\n\n\n\n

Counsel described the alleged refusal to accept the correspondence as highly unusual and argued that it demonstrated why the court\u2019s intervention was necessary.<\/p>\n\n\n\n

Justice Fisher questioned Counsel closely about what exactly happened when the letters were delivered.<\/p>\n\n\n\n

The Judge asked whether the PPRC had expressly refused to accept the correspondence or whether the letters had been received and subsequently returned.<\/p>\n\n\n\n

Counsel referred the court to an affidavit sworn by the process server, which he said detailed what allegedly happened when the letters were taken to the Commission.<\/p>\n\n\n\n

The respondents challenged the manner in which Counsel was relying on these matters, prompting a discussion about the boundaries of the plaintiffs\u2019 pleadings.<\/p>\n\n\n\n

Justice Fisher reminded Counsel of the importance of parties remaining within the matters properly pleaded before the court.<\/p>\n\n\n\n

Counsel maintained that the two letters were exhibited to the application and were therefore relevant to the court\u2019s consideration of the injunction.<\/p>\n\n\n\n

The plaintiffs are also seeking interlocutory relief to prevent further electoral activities while the substantive dispute is pending.<\/p>\n\n\n\n

Counsel S.I. Koroma relied on the principles governing interlocutory injunctions, including the authority referred to during proceedings as the American Ceramic case, and argued that the court should exercise its discretion in favour of the applicants under Order 35.<\/p>\n\n\n\n

He submitted that the plaintiffs had established a serious issue to be tried.<\/p>\n\n\n\n

According to Counsel, that issue includes whether the plaintiffs\u2019 appeal was properly dealt with by the PPRC and whether the subsequent electoral process proceeded in circumstances that were inconsistent with the Commission\u2019s directive.<\/p>\n\n\n\n

Counsel also argued that damages would not be an adequate remedy.<\/p>\n\n\n\n

He told the court that the applicants were political candidates and executive members seeking re-election, and alleged that their names were omitted from the final voters register used in the disputed elections.<\/p>\n\n\n\n

He argued that the consequences of being excluded from an electoral process could not simply be resolved through financial compensation.<\/p>\n\n\n\n

Counsel further submitted that the balance of convenience favoured granting the injunction.<\/p>\n\n\n\n

He warned that if the elections continued and the new executives proceeded to participate in subsequent district-level elections, the plaintiffs could lose the opportunity to participate in those processes even if their challenge eventually succeeded.<\/p>\n\n\n\n

He therefore urged the court to preserve the existing position until the dispute was resolved.<\/p>\n\n\n\n

\u201cThat is the more reason we are seeking this court to freeze the situation,\u201d Counsel submitted.<\/p>\n\n\n\n

The plaintiffs have also asked the court to order the production and display of the final voters register used in Wards 180 and 181, as well as the final results of those elections.<\/p>\n\n\n\n

Responding to the application, Counsel B. Koroma, representing the 2nd, 3rd and 4th respondents, strongly opposed the injunction.<\/p>\n\n\n\n

He argued that the balance of convenience favoured the respondents, particularly the fourth respondent, the APC.<\/p>\n\n\n\n

Counsel also challenged the inclusion of the 2nd and 3rd respondents in the proceedings, arguing that they were organs of the APC rather than separate legal entities capable of being sued independently.<\/p>\n\n\n\n

Relying on the principle in Salomon v Salomon, he argued that the plaintiffs had brought the wrong parties before the court.<\/p>\n\n\n\n

Counsel further submitted that the electoral structure being challenged had its foundation in an earlier ruling of the High Court.<\/p>\n\n\n\n

He accused the plaintiffs of attempting to use different legal forums to pursue the same dispute, arguing that established internal and regulatory mechanisms should be allowed to deal with political party electoral complaints.<\/p>\n\n\n\n

B. Koroma also challenged the plaintiffs\u2019 argument that damages would be inadequate.<\/p>\n\n\n\n

He submitted that if the plaintiffs ultimately established that they had been wrongfully excluded from the electoral process, the court could consider damages against the appropriate party.<\/p>\n\n\n\n

Counsel also raised the issue of an undertaking as to damages under Order 35, arguing that the applicants had not sufficiently addressed the requirements for obtaining an interlocutory injunction.<\/p>\n\n\n\n

He maintained that the plaintiffs had failed to establish the necessary conditions for the court to grant the reliefs sought.<\/p>\n\n\n\n

Counsel relied on the authorities cited during the proceedings, including the American Ceramic case and another authority identified in court as Clerk (1915), arguing that the principles in those cases did not support the plaintiffs\u2019 application.<\/p>\n\n\n\n

He therefore urged Justice Fisher to refuse the injunction and award costs.<\/p>\n\n\n\n

Justice Fisher questioned Counsel during the hearing, particularly on the alleged refusal of the letters, the election timetable and the possible consequences of granting or refusing the injunction.<\/p>\n\n\n\n

The Judge also asked the parties about the scope of the relief sought and whether an order affecting the disputed constituency could have wider consequences for the APC\u2019s electoral programme.<\/p>\n\n\n\n

The respondents had argued that an injunction could interfere with elections involving other members and constituencies, while the plaintiffs maintained that their application was directed at the specific electoral dispute in Wards 180 and 181 of Constituency 054.<\/p>\n\n\n\n

After hearing the submissions, Justice Fisher directed the plaintiffs to prepare their reply to the respondents\u2019 affidavit in opposition.<\/p>\n\n\n\n

The Judge ordered that the reply be filed and served on Counsel B. Koroma by 10:00 a.m.<\/p>\n\n\n\n

The matter was subsequently adjourned to 20 August 2026 for the plaintiffs\u2019 reply and continuation of the proceedings<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

PPRC Faces High Court Challenge By Alimatu Kargbo The Political Parties Registration Commission (PPRC) has come under a fresh legal challenge before the High Court No. 1 in Freetown, where four members of the All People\u2019s Congress (APC) are asking the court to compel the Commission to issue a written decision on their appeal and […]<\/p>\n","protected":false},"author":2,"featured_media":2192,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"footnotes":""},"categories":[5],"tags":[],"class_list":["post-2191","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"aioseo_notices":[],"yoast_head":"\nOver Disputed APC Elections in Tonkolili\u2026 - Daybreak Newspaper<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/daybreaknewspapersl.com\/?p=2191\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Over Disputed APC Elections in Tonkolili\u2026 - 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