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Justice Biobele Full Report SECRET – VOLUME ONE: INVESTIGATION OF MDAs GOVERNMENT OF SIERRA LEONE COMMISSION OF INQUIRY NO. 64 SPECIAL COURT COMPLEX JOMO KENYATTA ROAD FREETOWN SIERRA LEONE REPORT OF THE HON SIR JUSTICE BIOBELE ABRAHAM GEORGEWILL, JCA, DSSRS, KSC CHAIRMAN AND SOLE COMMISSIONER VOLUME ONE MARCH,2020 Page 1 of 185 SECRET – VOLUME ONE: INVESTIGATION OF MDAs 1. APPRECIATION The privilege to be called upon and to have served this great Country of Sierra Leone has indeed been mine. Having brought this assignment to a successful conclusion, it is fitting to give thanks and praise first to God for his grace and mercy all through the assignment. I express my appreciation to H. E. Mohammadu Buhari, the President of the Federal Republic of Nigeria for approving my coming over to Sierra Leone to take up this assignment. I express my appreciation to H.E. Julius Maada Bio, the President of Sierra Leone for appointing and giving me the opportunity to serve this Country and the free hand to carry out this assignment. I thank the Vice President, Mohammed Juldeh Jalloh, the Speaker, Rt. Hon Dr. Abass Chenor Bundu, the Hon Attorney General and Minister of Justice, Dr. Priscilla Schwartz, the immediate past and current Ministers of Foreign Affairs of Sierra Leone, the Minister of Foreign Affairs of Nigeria, Hon Godfrey Onyeama, the former Minister for Foreign Affairs of Nigeria, Hon Odein Ajumogobia SAN, the High Commissioner of Nigeria to Sierra Leone, Dr. Habiss Ugbada, and his Staff, the Inspector General of Police, the Republic of Sierra Leone Armed Forces, the Bishop and Dean of Diocese of Freetown and the Anglican Communion, the Coordinator and Staff of the Commissions of Inquiry, Freetown. I appreciate the former Chief Justice of Nigeria, Hon Justice Walter C. N. Onnoghen and the President of the Court of Appeal of Nigeria, Hon Justice Zainab Adamu Bulkachuwa. I deeply appreciate my beloved wife, Dame Funmilayo Biobele Georgewill and my lovely kids, Mrs. Abilaba, Barr Lolia, Ella, Princess, Afam and Barr Diepriye. I appreciate Mr. Lindsay Barret and Mrs. Joy S. Bob Manuel. I appreciate my twin brother, Prof Sir Owunari Abraham Georgewill. I appreciate my personal doctor, Dr. Mrs. Oulchi Wogu. I appreciate my dedicated close body guards, Sgt. Williams Jnr., and Sgt. Christian Gray. I appreciate the Press, particularly Sierra Leone Broadcasting Corporation and African Young Voices Media Empire. I also appreciate all others who had in various ways ensured and contributed to my successful conclusion of this assignment. I say thank you all and God bless! Page 2 of 185 SECRET – VOLUME ONE: INVESTIGATION OF MDAs OPENING STATEMENT Time and space would not permit an inquiry of this nature to cover every single economic, financial and administrative activity of the immediate past Government of H.E. Dr. Ernest Bai Koroma, former President of Sierra Leone from November 2007 - April 2018 when power was democratically handed over to H.E. Julius Maada Bio, as President of Sierra Leone. This inquiry was thus focused on some key areas of economic, financial and administrative activities of the immediate past Government, within the dictates of the rule of law, to unravel the truth or otherwise of the widespread outcry of allegations of massive corruption against the immediate past Government through the instrumentality of the Commissions of Inquiry duly established by law through an Act of the Parliament of Sierra Leone. Hereinafter, set forth in details is the Main Report Volume One of this inquiry as carried out by the Commission of Inquiry, Constitutional Instrument No. 64 of 2018 with the Hon Sir Justice Biobele Georgewill JCA, DSSRS KSC as the Chairman and Sole Commissioner, appointed by H.E. Julius Maada Bio, the President of the Republic of Sierra Leone. EXECUTIVE SUMMARY Introduction This Commission of Inquiry was duly established by Constitutional Instrument No. 64 of 2018 pursuant to the appointment of the Chairman and Sole Commissioner by H.E. Julius Maada Bio, the President of Sierra Leone to investigate widespread allegations of corruption against the immediate past Government from November 2007 - April 2018. H.E. Julius Maada Bio conscious of his responsibility to the people of Sierra Leone to ensure accountability in governance and public offices had instituted the Commissions of Inquiry to carry out thorough, independent, fair and impartial investigations into the allegations of corruption and abuse of public office and to make relevant findings and proffer appropriate recommendations to the Government of Sierra Leone for its Page 3 of 185 SECRET – VOLUME ONE: INVESTIGATION OF MDAs considerations. This Commission of Inquiry was legally established and is constituted of Hon Sir Justice Biobele Georgewill, a Justice of the Court of Appeal of Nigeria, an holder of the honor of Distinguished Service Star of Rivers State of Nigeria and a Knight of St. Christopher and lord Chancellor of the Diocese of Niger Delta, Church of Nigeria (Anglican Communion). There have been two Secretaries in the course of this investigation namely: Mr. Digger Macfoy who served from January - May 2019 and Mr. Witson Tebeh Yankuba who served from May - October 2019. They both served this Commission meritoriously. The Remit (Terms of Reference) The Commission of Inquiry was given the following Terms of Reference (TOR), namely: A. To examine the assets and other related matters in respect of i. Persons who were President, Vice Presidents, Ministers, Ministers of State, Deputy Ministers; and ii. Heads and Chairmen of Boards of Parastatals, Departments and Agencies within the period from November 2007 to April 2018 B. To inquire into and investigate whether assets were acquired lawfully or unlawfully C. To inquire into: i. Persons who were President, Vice Presidents, Ministers, Ministers of State and Deputy Ministers; ii. Heads of Parastatals, Departments and Agencies D. To ascertain as to whether the Persons referred to in paragraphs (a) - (c): i. Maintained a standard of life above that which was commensurate to their official emoluments ii. Owned or were in control of pecuniary resources or property disproportionate to their official emoluments or there are evidence of corruption, dishonesty or abuse of office for private benefit by them Page 4 of 185 SECRET – VOLUME ONE: INVESTIGATION OF MDAs iii. Collaborated with any person in respect of such corruption, dishonesty or abuse of office iv. Acted willfully or complacently in such a manner so as to cause financial loss or damage to the Government, Local Authority or Parastatal, including a Public Corporation v. Acquired directly or indirectly financial or material gains fraudulently, improperly or willfully to the detriment of the Government, Local Authority or a Parastatal , including a Public Corporation, Statutory Commission, Body or any University in Sierra Leone E. To inquire into and investigate any persons or matter as may from time to time be referred to the Commission by His Excellency, the President. Methodology In undertaking its assignment this Commission adopted a robust approach to ensure that it carried out its work successfully and in accordance with due process and the rule of law in Sierra Leone. To this end, it was guided by the provisions of the Constitution of Sierra Leone 1991 (as amended), the Sierra Leone High Court Rules 2007 and the Practice Directions made by the Commissioners to ensure the observance of the right to fair hearing to all persons who appeared before the Commission. Proceedings were mostly, except on some occasions, held in public and televised live. It was adversary in nature with the common law historical origins of the laws and practice in Sierra Leone. The State was represented by counsel and the Persons of Interest were also represented by counsel of their own choice. Both parties were given equal treatment to ensure fairness and impartiality. The State presented its witnesses on all the areas of the investigations. The strict rules of admissibility of evidence were relaxed for both the State and the Persons of Interest. The witnesses for the State were subjected to cross examination by counsel to the Persons of Interest. The sacrosanct rules of fair hearing were scrupulously observed and adhered to by the Commission. Both the State and the Persons of Interest were afforded further opportunity to file and present their written final summations of the facts and applicable Page 5 of 185 SECRET – VOLUME ONE: INVESTIGATION OF MDAs laws. When deemed necessary this Commission paid scheduled visits to projects sites accompanied by both parties and the Press. Some persons though not originally within the Remit were subsequently summoned by this Commission to appear before it, some of whom were later turned into Persons of Interest by this Commission due to evidence of their direct involvement in some of the areas of investigations to avail them the opportunity to respond to evidence led against them. In the Main Report Volume One: Investigations of the MDAs, this Commission had a total of 68 public sittings from Monday, 2nd day of February 2019 to Friday, 13th day of September 2019. A total number of 136 witnesses testified before this Commission, out of which a total number of 126 witnesses testified the State, while a total number of 10 witnesses testified for the Person of Interest. A total number of 1345 documents were tendered in evidence before this Commission, out of which a total number of 1300 documents were tendered by the State, while a total number of 46 documents were tendered by the Persons of Interest. The entire proceeding is captured in the record of proceedings as recorded by the Chairman and Sole Commissioner running into 800 printed pages in Volume Two of the Reports and by the verbatim Recordist in Volume Three of the Reports. Findings At the close of the hearing, the parties filed and adopted their final written summations on the facts and applicable laws.
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