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is whether the Chairman of the National Elections Commission was justified
in imposing the penalty of disbarment of Co-appellant Harris S. Karnwea, Sr.
from contesting the position of vice presidential candidate to Counsellor
Charles Walker Brumskine on the theory that the decision was dictated by
the Code of Conduct Act.
Co-appellant Karnwea having violated the Code by engaging in political
activities while serving as Managing Director of the FDA, the first penalty at
the time of his service was to remove him from office and thereafter prohibit
him from receiving compensation from funds appropriated by law for such
office. The legislature, noting that individuals would remain in their
respective public offices and come in conflict with the Code by engaging in
political activities at the detriment of public trust, specifically stated in
section 5.9, a subsection of the presently contested provision Part V, Political
participation, that:
“Any public official, after due process, who is found guilty of
violating any provision of this section shall be immediately
removed from the position or office held by him/her, and thereafter no part of the funds appropriated by any law for such position or office shall be used to pay compensation to such person.”
However, the appellant having resigned his post as soon as the Supreme
Court declared the Code to be constitutional, evidencing respect for the Code
after this Court declaration of constitutionality and respect for the decision of
this Court, any continued violation of the Code ceased as at that point.
Unfortunately, he could not have been dismissed, as per the directive of the
Code, as he had already resigned his position. This, however, did not relieve
him of other appropriate and reasonable penalty stipulated by the Code, or
even the penalty stated in the Opinion of the Supreme Court in the Polson
and Kamara cases if by any further conduct, he could be adjudged of egregious affront to the Code and to the Opinion of the Supreme Court, as would
have rendered his Application to contest the office of vice presidency in the
ensuing October 2017 Elections rejectable and thereby caused his disbarment
from contesting the position for which he had filed the Application.
In the chronology of events, we are informed by the facts that this Court
handed down its Opinion in the Polson case on March 3, 2017. In that