The Chief Executive Officer of SKM Enterprises, Jaffer Zeghir, is allegedly behind a media campaign to damage the reputation and credibility of the Sierra Leone Judiciary over legal proceedings at the Appeal Court, according to reports.

The alleged unlawful behaviours of CEO Jaffer Zeghir and his hired media outlets as third parties are in sharp contrast to the sub judice rule regulating the publication of matters that are under consideration by the courts.

Matters are considered as sub judice (Latin for ‘under judgment’) once legal proceedings become active.

Publications of material which is sub judice comprises Contempt of Court, a crime which is punishable by a fine of unlimited amount and/or imprisonment for up to two years.

Third parties cost orders may also be awarded against the media organisation(s), enabling the court to recover the costs of any trial aborted as a result of the prejudicial reporting.

The sub judice rule is a legal contempt that applies to civi lawsuits and legal disputes once proceedings are active.

In the United Kingdom, for example, statutory contempt of court under the Contempt of Court Act 1981, which criminalises the publication of material which creates a significant risk that the Court of Justice in the relevant proceedings would be seriously impeded or prejudiced; and, common law contempt, which targets any other action that is intended to interfer with the administration of justice, including interfering with pending or imminent court proceedings.

The Appeal Court Judges may, therefore, warn, fine or jail Jaffer Zeghir as a party involved in the court proceedings before them, as well as the media organisations as the third parties publishing materials that are sub judice.

It could be recalled that in 2022, the SKM CEO had a transaction with the Sierra Leonoil Company Limited and paid for 430, 000 litres of fuel. But Jaffer Zeghir uplifted only 230, 000 litres while the 200, 000 litres became subject to the price adjustment following a fuel price increase as mandated by the Government of Sierra Leone (GoSL).

However, Leonoil gave an opportunity to either refund payment of the fuel which the SKM CEO didn’t collect or to adjust the balance to reflect the government’s mandated new price. But Jaffer Zeghir refused both proposals that culminated in court proceedings.

Initially, the court ruled that SKM Enterprises be exempted from paying taxes on the 200, 000 litres of fuel uncollected. But the court ruling was challenged by Leonoil at the Appeal Court on the grounds that the court ruling was in conflict with the Sierra Leone tax laws and therefore had the propensity to set a dangerous precedent for tax evasion.

According to a legal luminary, “It’s only out of ignorance of the law, which is no excuse, that while the matter is still under consideration at the Appeal Court, Jaffer Zeghir is using media organisations to publish materials on the matter which is sub judice that comprises Contempt of Court.”

The legal luminary warned media organisations publishing a matter under judicial consideration that is prohibited to act professionally instead of embarrassing the Sierra Leone media.

Courtesy of Satellite News