By Feima Sesay
Justice Alhaji Moh Jah Stevens of the Freetown High Court has on Monday 24 March, 2025 sentenced Alie Badara Kanu and Thaimu Bangura to one hundred and twenty years imprisonment each after a twelve empaneled Jurors have passed a verdict of guilt against them for the offenses of “”treason and misprision of treason.””
The two , were before the court on two count charges of treason “contrary to section 3 (1) (a) of the treason and state offences Act 1963 Act No.10 of 1963 as repealed and replaced by the treason and state offences amendment Act 1963 Act No.21 of 1963 and misprision of treason .”
The Court ruled that on a date “unknown between 24th June 2023 and 29th of June 2024 in Freetown prepared to overthrow the government of Sierra Leone by unlawful means.””
The indictment further said that the convicts on a date unknown between the 1st January and 16th April 2024 in Freetown well knowing that Captain Senesie, captain John Conteh alias Caesar and other persons unknown had prepared to overthrow the government of Sierra Leone by unlawful means, unlawfully concealed the said information.”
Defense Lawyer S. Turay on behalf of the first accused , Alie Badara Kanu in his closing address before the court said his client is charged before the court on two count charges of treason and misprision of treason.
He said treason is an act of overthrowing the government of the state, adding that the prosecution presented his client as an enemy of the state.
Turay further argued that there is no evidence before the court that his client committed the said act, adding that the prosecution never gave evidence in court that his client Badara phone showed that he was among Whatsapp group planning to overthrow the government but yet they brought him to court.
He said Badara was dismissed from the military and the mechanism which they used to dismissed him was that he was part of a Whatsapp group planning to overthrow the government of Sierra Leone.
He said the Cyber Unit Officer Police Inspector Mohamed Jusu in his testimony did not state anything before the court that Badara was operating a Whatsapp.
He said when his Client was dismissed from the Army he handed over everything which shows that he had no intention to overthrow the government.
Lawyer Turay further pointed out that that there was no evidence before the Court that Badara purchased weapons or has attended a meeting to overthrow the government but yet the prosecution kept pushing that he committed an offense.
He further said that Badara was arrested on the 16 April and was charged to court on the 29 July 2024 which means that there was no way he could be in prison and busy planning to overthrow the government.
He argued that the prosecution had the duty to prove their case beyond reasonable doubt that his client committed such an offense .
He said the rock of the allegation was that the accused persons operated a Whatsapp group to overthrow the government but yet the Cyber officer did not prove anything pointing to that evidence.
He pleaded that the Judge dismissed his client as , according to him ,had no case to answer before the court.
E. Sunder on behalf of the second Bangura adopted the closing address of defense Lawyer Turay and added that Bangura in his statement said he was born at Moyamba and the police wrote in his statement that he was born at Moriba town Joe Town Waterloo which shows a clear biasness asking how could they charge the place of birth of somebody.
He further in his closing address that the State Prosecution did not bring any telecommunications company to show that the number they presented before the court belongs to convict Bangura.
He said the prosecution has failed to prove their case beyond reasonable doubt and that the accused should be aquitted and discharged.
In reply State Lawyer Yusuf Isaac Sesay said the prosecution has levied sufficient evidence against both accused persons.
He said the testimonies of all the witnesses confirmed before the court that both accused were in a Whatsapp group and they attend meetings planning to overthrow the government.
He added that the accused persons made confessional statements to the police on the allegations levied against them.
Lawyer Sesay noted that the prosecution has proven their case beyond reasonable doubt against the convicts.
After closing addresses of both the prosecution and defense counsels, justice Steven gave his summing up address.
In his summing up address to the jurors, Justice Steven say treason is the plan or action to overthrow a government.
He said the statements of the first convict Badara was a confessional statements.
He said Badara in his statement said he was communicating with captain Senesie and in his statement he talked about how the perpetrators of the November 26 used RPGs for heavy military target.
The learned Judge noted that confessional statements has no two ways, adding that it is like pleading guilty of what you were accused of.
He said the second accused Bangura in his statement used a word ” kick the bucket” which has no other meaning than death.
He said this is also an indirect confessional statements and once a person made confessional statements no further evidence is required.
Addressing the Jurors the learned Judge said it is most elementary in law that once a person made confessional statements it’s simply means the person has pleaded guilty.
He said after confessional statements , the prosecution ought not to have even brought witnesses before the court, adding that once confession is made the law is settled.
He further told the Jurors that the only second ambit left for the accused persons was “a plea mitigation and their allocutus.”
At this juncture the jurors retired to their chamber to deliberate on the evidence before the court.
On their return , they returned with a verdict of guilt against both convicts.
In their allocutus the first accused Alie Badara Kanu pleaded with the Judge to temper justice with mercy on him saying he is a family man.
Second Thaimu Bangura also in his allocutus pleaded with Judge to temper justice with mercy on him, adding that he has no intention to overthrow the government.
Defense Counsels S. Turay and E. Sunder also pleaded with the Judge to temper justice with mercy on their clients, adding that are family men and the bread winners of their families.
Justice Alhaji Momoh Jah Stevens sentenced each convicts to a jail term of one hundred and twenty years each (120) and the sentences should run concurrently.
