On Monday 25th September 2023, the High Court No.1 of the Judiciary of Sierra Leone presided over by Justice Adrian Fisher sat on the matter of the Citizens of Sierra Leone Vs. Netpage over the National Passport.
The litigants were led in counsel by leading advocate Jengo & Partners while the defense counsel was represented by Lambert and Co.
The motion in argument was to determine the Capacity of Jengo and Partners over the affidavit of support filed by Lambert and Co.
Justice Adrian Fisher cross-examined the lawyer for the litigants over their ability or capacity to argue the case and Jengo and Partners proved to the learned judge that they were up to the task.
One key issue that was argued was whether a Contract is a Law or not. Jengo and Partners submitted that a Contract is not law, drawing citations from Company Law, Agency Law and other authorities. On the contrary the defense counsel maintained that it was law.
However, the learned judged used both arguments to sustain the matter moving forward and Jengo and Partners was heard more in their submissions.
The firm told Justice Fisher that the national passport did not carry the features of a biometric document which caused the judge to asked him if he’s an expert and he denied in the affirmative. The judge furthered that if he cannot prove that the passport was lacking the features contested how would he convince the court that the passport wasn’t biometric?
Jengo & Partners submitted that that’s the reason why they were in court because they are citizens of the country.
The law firm also argued that they were not strangers and the passport was contracted to Netpage for and on behalf of the people of Sierra Leone and not for foreigners or other members, therefore they (people of the country or citizens) were bound to take Netpage to court.
In another twist the judge asked Jengo & Partners about their “locus standi” not being any partners to the signage of the contract which terms specified clearly who should seek redress or which either party that has rights to take the defaulting party to court, and Jengo & Partners replied that because the passport was produced for them and on their behalf as citizens of the country by the government of the people, by the people and for the people, means that the actions of the government going into agreement for the signage of the passport contract given to Netpage to produce it, was for the people of Sierra Leone, and that what the government did was acting on behalf of the people as proxies because not everyone can be on the contract list for signage.
The judge sustained the argument and allowed Jengo & Partners to proceed with their submissions. In another related development Jengo & Partners argued that they cannot take the government to court rather than Netpage because the government had faith in doing what they viewed and did was correct but it was the second party that defaulted and it’s the right of the third party (the people) consuming the passport use to take the matter to task.
The arguments on both sides were sustained and formed part of a great listening treat for the audiences who were fastened to their seats without movement or shakes from 10:30 am till 13:00hrs GMT.
Reacting on the development the CEO & Lead Campaigner who was joined by a number of members including the National Coordinator Susan Oya Bangura, DC Rural District Madam Irene Conteh and some private members of the public that have been victims of passport fraud all teamed up to thanked Jengo & Partners for the arguments.
On his side Mr. Jengo appreciated #SheStands2023 and has recognized the group as dependable partner since the day they joined the fight in investigations. The other non-#SheStanders too expressed interests of becoming part of the campaign trail of the organisation.
One of them Mukeh Salia who lives in Kenema but currently stays in Freetown on a travelling trip said he’s been a victim of passport fraud and narrated the ordeal to us. He added that he’s heard about #SheStands in Kenema but ” I never took it serious until today when I see how bold the group is in mobilising support for national action in a selfless manner as good citizens of the country.” He stated.