In a ongoing petition chieftaincy matter between the plaintiff Michael Margai and the current paramount chief of Lower Banta Chiefdom Gbangbatoke Moyamba district, they two officials came up on Thursday 10 April 2015 before Justice Alhaji Momoh Jah Stevens in Freetown.

It was at a High Court where the petitioner Margai asked the court to slam an intermediate injunction on paramount Chief Jibao Russell until the matter is determined by the court.

Plaintiff Michael Margai petitions Chief Jibao Russell based on corruption and embezzlement of money handed over to him for the chiefdom which he cannot accounted for.

The case stems from civil matter under section 13 of the Chieftaincy Act of 2009 and was filled by the petitioner lawyer B. J Reffle.

The petitioner Michael Margai on behalf of the petitioner who is now deceased Nancy R.

Johnny filed the petition against Chief Jibao Russell that he embezzled monies that were given to him on the development of the Lower Banta Chiefdom Gbangbatoke Moyamba district.

Petitioner Margai also filed petition case against the Ministry of Internal Affairs first respondent, the provincial secretary southern province second respondent, the National Electoral Commission third respondent, Attorney General and Minister of Justice fourth respondent and to the fifth respondent who is Paramount Chief Jibao Russell of Lower Banta Chiefdom Gbangbatoke Moyamba district.

The injunction was sought by petitioner Margai lawyer by a way of notice of motion dated  19 December 2024 seeking that an Intreme Injunction had been slammed against the fifth respondent paramount Chief Jibao Russell thus preventing him from holding the position as paramount. This is pending the hearing and determination of the matter.

The affidavit also states that an interlocutory injunction be slammed against the paramount Chief Jibao Russell from acting as Paramount Chief of Lower Banta Chiefdom, Gbangbatoke, Moyamba district in the southern provinces of the Republic of Sierra Leone.

The affidavit also sought for permanent injunction  restraining the fifth respondent Mr Russell to stop work as Paramount Chief of the aforesaid chiefdom.

The said notice of motion was supported by the affidavit of Micheal Margai ( petitioner) with several exhibits attached.

Exhibit MM1 in the affidavit is a copy of the petition dated on 29th day of January 2010, which is an action instituted challenging the legitimacy of Chief Jibao Russell to serve as Paramount Chief of Lower Banta Chiefdom, Moyamba district southern province of Sierra Leone.

Exhibit MM2 is a judgement of the high court dated 9 day of March 2011, indicating that the hearing was conducted before the court without the attendance of the law officers department.

Exhibit MM3, he said, is the application and supporting affidavit that warranted the order of the court based on the judgement given which dated 9 day of March 201.

Exhibit MM4 he said  was a judgement set aside by the High Court dated 11 July 2011 on the grounds of irregularity which means the paramount Chief, the Attorney General and Minister of Justice were not given the opportunity for their matter to be heard in the interest of justice and fair play as it was fair for both parties to be heard in the bitterly contested petition.

The affidavit presented by the petitioner lawyer further states that it is an evidence from the records of the court that the first petitioner (now deceased) went to the Court of Appeals on the 10 day of December 2024 for the case to be be remitted to the High Court for hearing and determination speedily.

Counsel Reffle for the petition in his legal submission said exhibit MM2 and MM3 are judgments set aside by the court based on the issues of corruption and embezzlements done by the paramount in his chiefdom.

He said exhibit MM2 is a document from the Appeal court indicating that the petition should be heard afresh as it relates to corruption and embezzlement allegations.

Lawyer Reffle further said that the Anti corruption Commission has primary role to look into the embezzlement of funds which were funds meant for the development of the Lower Banta Chiefdom but was allegedly embezzled by the paramount chief.

Edward Sarkoh counsel representing all the respondents filed an affidavit in opposition of those sworn on 6th January 2025, thus challenging the application for an injunction.

He said that if the injunction is granted by the court it would lead to chaos and unrest in the Lower Banta Chiefdom Gbangbatoke, adding the paramount chief has been in his office since 2010.

He said to put injunction on him after fourteen years will create serious problems and dangerous situations for the people of Lower Banta Chiefdom.

Sarkoh further said in his submission, in law, injunctions are invariably granted to preserve and ensure fairness but in this case the paramount chief had been sworn into office as Paramount Chief since 2010 and had been in office till today and if the injunction is granted it will lead to instability and uncertainty in the Chiefdom.

He said the court of appeals has perfectly ruled that the action must commence but should be done without reference of an injunction.

He said he sees no justification to put injunction on the paramount Chief pending the hearing and determination of the petition matter.

Sarkoh further said that if the injunction is granted it will lead to calamity since the Paramount Chief had been sworn in office and the staff was handed over to him for fourteen years.

He therefore prayed that the court refused the application for an interme injunction against the paramount Chief and also prayed that the court refused granting an interlocutory injunction restraining the paramount Chief to work as Chief of Lower Banta Chiefdom and the court refused the granting of an injunction against the present paramount Chief Jibao Russell from carrying out his functions as Paramount Chief of Lower Banta Chiefdom Gbangbatoke Moyamba district southern province.

He also prayed for the court to permit the paramount Chief to continue serving his chiefdom as Paramount Chief so that stability, peace and cernity of the Chiefdom will be maintain as he had been in that capacity for fourteen years.

He also prayed that the hearing of the petition should be held fresh in accordance with the ruling of the Appeal court.

After both arguments were heard the matter was adjourned to 9 May 2025.